Authority
The authority that a magistrate judge exercises is the jurisdiction of the district court itself, delegated to the magistrate judge by the district judges of the court under governing statutory authority and local rules of court. In criminal proceedings, magistrate judges preside over misdemeanor and petty offense cases, and as to all criminal cases (felony and misdemeanor) may issue search warrants, arrest warrants, and summonses, accept criminal complaints, conduct initial appearance proceedings and detention hearings, set bail or other conditions of release or detention, hold preliminary hearings and examinations, administer oaths, conduct extradition proceedings, and conduct evidentiary hearings on motions to suppress evidence in felony cases for issuance of reports and recommendations to the district judge.
The Supreme Court has held that federal magistrate judges may accept guilty pleas and has held in Peretz v. United States that magistrate judges may supervise the jury selection in a felony trial unless one party objects.
In civil proceedings, magistrate judges typically manage discovery and other pretrial matters. They are authorized to issue orders in pretrial matters as long as the order is not dispositive of the case as a whole (such as an order granting summary judgment). They may also be assigned to write reports and recommendations to the district judge as to dispositive matters. With the consent of the parties, they may adjudicate civil cases in the same manner as a district judge, including presiding over jury or non-jury trials.
Read more about this topic: United States Magistrate Judge
Famous quotes containing the word authority:
“Authority and power are two different things: power is the force by means of which you can oblige others to obey you. Authority is the right to direct and command, to be listened to or obeyed by others. Authority requests power. Power without authority is tyranny.”
—Jacques Maritain (1882–1973)
“The great problem of American life [is] the riddle of authority: the difficulty of finding a way, within a liberal and individualistic social order, of living in harmonious and consecrated submission to something larger than oneself.... A yearning for self-transcendence and submission to authority [is] as deeply rooted as the lure of individual liberation.”
—Wilfred M. McClay, educator, author. The Masterless: Self and Society in Modern America, p. 4, University of North Carolina Press (1994)
“The most absurd apology for authority and law is that they serve to diminish crime. Aside from the fact that the State is itself the greatest criminal, breaking every written and natural law, stealing in the form of taxes, killing in the form of war and capital punishment, it has come to an absolute standstill in coping with crime. It has failed utterly to destroy or even minimize the horrible scourge of its own creation.”
—Emma Goldman (1869–1940)