United States Magistrate Judge - History

History

The office of United States magistrate judge was established by the Federal Magistrates Act of 1968. Its foundation is the United States commissioner system, established in 1793. Commissioners were previously used in federal courts to try petty offense cases committed on federal property, to issue search warrants and arrest warrants, to determine bail for federal defendants and to conduct other initial proceedings in federal criminal cases. The Federal Magistrates Act of 1968, as amended, was enacted by the Congress to create a new federal judicial officer who would (1) assume all the former duties of the commissioners and (2) conduct a wide range of judicial proceedings to expedite the disposition of the civil and criminal caseloads of the United States district courts.

In 1979, Congress expanded federal magistrates' authority to include all misdemeanors recognized by the federal criminal code. Magistrates' titles changed again in 1990, when they became "magistrate judges," symbolizing the ever-increasing importance of their work. The system has worked relatively well in the last 30 years, and has tended to shift the federal courts' caseload to the desired balance. Some legal observers have criticized the increasing powers of magistrate judges, who are neither appointed by the President nor confirmed by the Senate. On the other hand, the selection of a magistrate judge is a merit-based process which, by statute, requires public notice of a vacancy and the appointment of a merit selection panel which includes both lawyers and at least two non-lawyers. The panel is required to consider the attributes of each candidate, including scholarship, experience, knowledge of the court system, and personal attributes such as intelligence, honesty and morality, maturity, demeanor, temperament, and ability to work with others. Applicants for the post must be personally interviewed and recommended for the position. Magistrate judges are compensated at a slightly lower scale than district judges and do not benefit from the full array of benefits accorded to district judges, so increased magistrate judge involvement in judicial matters has a cost-savings effect for the federal courts.

With the caseload of the federal courts increasing steadily, it is likely that magistrate judges will continue to wield considerable authority in the federal court system.