Who is magistrate judge

Agnello; Judge Agnello; the judge. If there is a risk of confusion with a district judge, in later references make it Magistrate Judge Agnello or the magistrate judge. Confusion arises because the position was "U.

Magistrate" until redesignated as "United States Magistrate Judge" in Magistrate," "federal magistrate," and "magistrate. The current magistrate judge system was begun by Congress in expanding on the year old United States commissioner system.. Magistrate judges perform a wide range of duties in civil and criminal cases. In civil cases, they will hear pre trial motions, conduct settlement and pre trial conferences, and may, on assignment, handle dispositive motions and, with the consent of the parties, may conduct the trial.

In criminal cases, they will handle most pre-trial matters, including initial appearance of a defendant before a judge, arraignment on charges, including taking a plea of guilty or not guilty, and determining whether the defendant should be detained or released pending trial. Magistrate judges handle all petty offense cases and most misdemeanor cases. Magistrate judges also handle appeals from social security decisions and most petitions by prisoners for review of their convictions, and conditions of confinement.

Check the list of Advisory Committees external link, opens in a new tab to find out where there are currently vacancies. You will need to visit at least once but preferably two or three times when it is sitting in general session, in the 12 months before you apply. Once they have been selected, all magistrates take the judicial oath — the same oath as that taken by judges.

They are trained before starting to hear cases and throughout their careers as magistrates, and are appraised regularly. Use the court finder external link, opens in a new tab to find your nearest court. Magistrates need to be able to commit at least 26 half-days per year to sit in court. Employers are required by law to grant reasonable time off work for magistrates. Magistrates are not paid for their services.

In , the federal magistrate judges across the country handled approximately 11, civil cases to conclusion with the consent of the parties, according to the Federal Magistrate Judges Association. The video below was produced by the United States Courts and outlines the role magistrate judges play in the court system as well as the selection process. The Administrative Office of the U. Courts is responsible for the supervision of administrative matters regarding federal magistrate judges. The Federal Judicial Center is responsible for creating and implementing training programs for federal magistrate judges.

The U. Congress established the role of federal magistrate judges in with the Federal Magistrates Act of 82 Stat. The position replaced the role of federal court commissioner with the broader and more powerful office of United States Magistate. Magistrate judges are empowered to dispose of a greater range of minor matters than had been the case with the previous position of commissioner. When the position was first established, the official title was "Magistrate". In order to be appointed as a magistrate judge, a potential nominee must be a member of the bar of the highest court of the state where he or she serves.

In , the Supreme Court of the United States ruled that magistrates cannot conduct evidentiary hearings in habeas corpus actions. In , the U. Congress responded to this limitation with 90 Stat. In the Federal Magistrates Act of 93 Stat.