Peretz V. United States - Consent Allows The Magistrate To Act

Consent Allows The Magistrate To Act

There exists a personal right for a litigant in federal court to insist on the involvement of a judge who has been appointed by the President and confirmed by the Senate in the manner contemplated by the Constitution. However, the Federal Magistrates Act authorizes magistrate judges to undertake "additional duties" when the parties in a case consent. For magistrates to undertake their routine tasks is a great relief to federal courts in processing their caseloads. When the parties consent, magistrates may supervise entire misdemeanor trials. "These duties are comparable in responsibility and importance to presiding over voir dire at a felony trial." Thus, supervising voir dire is one of the "additional duties" Congress authorized magistrate judges to undertake.

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