A Magistrate At voir Dire Does Not Implicate Constitutional Concerns
Although the involvement of an Article III judge is a personal right, it is a right that can be waived. In the course of a criminal proceeding, defendants are asked to waive many rights; the right to the involvement of an Article III judge at jury selection imposes little marginal cost on him. Furthermore, the decision to involve a magistrate in the first place rests with an Article III judge, and the parties may veto that decision. Article III judges retain "total control and jurisdiction" over the entire process, and must review the magistrate judge's decisions de novo if the parties ask. For the same reason that involving a magistrate judge does not implicate due process concerns (United States v. Raddatz), it does not implicate Article III concerns either.
Read more about this topic: Peretz V. United States
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