Sec. 636. Jurisdiction, powers, and temporary assignment
- (a) Each United States magistrate serving under this chapter
shall have within the territorial jurisdiction prescribed by his appointment -
- (1) all powers and duties conferred or imposed upon
United
States commissioners by law or by the Rules of Criminal Procedure
for the United States District Courts;
- (2) the power to administer oaths and affirmations,
issue
orders pursuant to section 3142 of
title 18 concerning release or
detention of persons pending trial, and
take acknowledgements,
affidavits, and depositions;
- (3) the power to conduct trials under section 3401,
title 18,
United States Code, in conformity with and subject to the
limitations of that section;
- (4) the power to enter a sentence for a petty offense
that is a
class B misdemeanor charging a motor vehicle offense, a class
C
misdemeanor, or an infraction; and
(5) the power to enter a
sentence for a class A misdemeanor, or
a class B or C misdemeanor not
covered by paragraph (4), in a
case in which the parties have consented.
- (b)
- (1) Notwithstanding any provision of law to the contrary -
- (A) a judge may designate a magistrate to hear and
determine
any pretrial matter pending before the court, except a
motion for
injunctive relief, for judgment on the pleadings, for
summary
judgment, to dismiss or quash an indictment or information
made
by the defendant, to suppress evidence in a criminal case, to
dismiss or to permit maintenance of a class action, to dismiss
for
failure to state a claim upon which relief can be granted,
and to
involuntarily dismiss an action. A judge of the court may
reconsider
any pretrial matter under this subparagraph (A) where
it has been
shown that the magistrate's order is clearly
erroneous or contrary to
law.
- (B) a judge may also designate a magistrate to
conduct
hearings, including evidentiary hearings, and to submit to a
judge of the court proposed findings of fact and recommendations
for the disposition, by a judge of the court, of any motion
excepted in subparagraph (A), of applications for posttrial
[1]
relief made by individuals convicted of criminal
offenses and of
prisoner petitions challenging conditions of
confinement.
- (C) the magistrate shall file his proposed findings
and
recommendations under subparagraph (B) with the court and a copy
shall forthwith be mailed to all parties. Within ten days after being
served with a copy, any party may serve and file written objections to
such proposed findings and recommendations as provided by rules of court.
A judge of the court shall make a de novo determination of those portions
of the report or specified proposed findings or recommendations to which
objection is made. A judge of the court may accept, reject, or modify, in
whole or in part, the findings or recommendations made by the magistrate.
The judge may also receive further evidence or recommit the matter to the
magistrate with instructions.
- (2) A judge may designate a magistrate to serve as a
special master pursuant to the applicable provisions of this title and the
Federal Rules of Civil Procedure for the United States district courts. A
judge may designate a magistrate to serve as a special master in any civil
case, upon consent of the parties, without regard to the provisions of rule
53(b) of the Federal Rules of Civil Procedure for the United States district courts.
- (3) A magistrate may be assigned such additional duties
as are not inconsistent with the Constitution and laws of the United States.
- (4) Each district court shall establish rules pursuant
to which the magistrates shall discharge their duties.
- (c) Notwithstanding any provision of law to the contrary -
- (1) Upon the consent of the parties, a full-time United
States
magistrate or a part-time United States magistrate who serves as
a full-time judicial officer may conduct any or all proceedings
in a
jury or nonjury civil matter and order the entry of judgment
in the
case, when specially designated to exercise such
jurisdiction by the
district court or courts he serves. Upon the
consent of the parties,
pursuant to their specific written
request, any other part-time
magistrate may exercise such
jurisdiction, if such magistrate meets the
bar membership
requirements set forth in section 631(b)(1)
and the chief judge
of the district court certifies that a full-time
magistrate is
not reasonably available in accordance with guidelines
established by the judicial council of the circuit. When there
is
more than one judge of a district court, designation under
this
paragraph shall be by the concurrence of a majority of all
the judges of
such district court, and when there is no such
concurrence, then by the
chief judge.
- (2) If a magistrate is designated to exercise civil
jurisdiction under paragraph (1) of this subsection, the clerk of
court shall, at the time the action is filed, notify the parties
of
the availability of a magistrate to exercise such
jurisdiction. The
decision of the parties shall be communicated
to the clerk of court.
Thereafter, either the district court
judge or the magistrate may again
advise the parties of the
availability of the magistrate, but in so
doing, shall also
advise the parties that they are free to withhold
consent without
adverse substantive consequences. Rules of court for the
reference of civil matters to magistrates shall include
procedures
to protect the voluntariness of the parties' consent.
- (3) Upon entry of judgment in any case referred under
paragraph
(1) of this subsection, an aggrieved party may appeal directly
to
the appropriate United States court of appeals from the judgment
of the magistrate in the same manner as an appeal from any other
judgment of a district court. The consent of the parties allows
a
magistrate designated to exercise civil jurisdiction under
paragraph (1)
of this subsection to direct the entry of a
judgment of the district
court in accordance with the Federal
Rules of Civil Procedure. Nothing
in this paragraph shall be
construed as a limitation of any party's
right to seek review by
the Supreme Court of the United States.
- (4) The court may, for good cause shown on its own
motion, or
under extraordinary circumstances shown by any party, vacate
a
reference of a civil matter to a magistrate under this
subsection.
- (5) The magistrate shall, subject to guidelines of the
Judicial
Conference, determine whether the record taken pursuant to this
section shall be taken by electronic sound recording, by a court
reporter, or by other means.
- (d) The practice and procedure for the trial of cases before
officers serving under this chapter shall conform to rules promulgated by the
Supreme Court pursuant to section 2072 of
this title.
- (e) In a proceeding before a magistrate, any of the
following acts or conduct shall constitute a contempt of the district court
for the district wherein the magistrate is sitting: (1) disobedience or
resistance to any lawful order, process, or writ;
- (2) misbehavior at a hearing or other proceeding, or so
near the place thereof as to obstruct the same; (3) failure to produce,
after having been ordered to do so, any pertinent document; (4) refusal to
appear after having been subpenaed or, upon appearing, refusal to take the
oath or affirmation as a witness, or, having taken the oath or affirmation,
refusal to be examined according to law; or (5) any other act or conduct
which if committed before a judge of the district court would constitute
contempt of such court. Upon the commission of any such act or conduct, the
magistrate shall forthwith certify the facts to a judge of the district
court and may serve or cause to be served upon any person whose behavior is
brought into question under this section an order requiring such person to
appear before a judge of that court upon a day certain to show cause why he
should not be adjudged in contempt by reason of the facts so certified. A
judge of the district court shall thereupon, in a summary manner, hear the
evidence as to the act or conduct complained of and, if it is such as to
warrant punishment, punish such person in the same manner and to the same
extent as for a contempt committed before a judge of the court, or commit
such person upon the conditions applicable in the case of defiance of the
process of the district court or misconduct in the presence of a judge of
that court.
- (f) In an emergency and upon the concurrence of the chief
judges of the districts involved, a United States magistrate may be
temporarily assigned to perform any of the duties specified in subsection (a),
(b), or (c) of this section in a judicial district other than the judicial
district for which he has been appointed. No magistrate shall perform any of
such duties in a district to which he has been temporarily assigned until an
order has been issued by the chief judge of such district specifying (1) the
emergency by reason of which he has been transferred, (2) the duration of his
assignment, and (3) the duties which he is authorized to perform. A magistrate
so assigned shall not be entitled to additional compensation but shall be
reimbursed for actual and necessary expenses incurred in the performance of
his duties in accordance with section 635.
- (g) A United States magistrate may perform the verification
function required by section 4107 of
title 18, United States Code. A magistrate may be assigned by a judge of any
United States district court to perform the verification required by section
4108 and
the appointment of counsel authorized by section 4109 of
title 18, United States Code, and may perform such functions beyond the
territorial limits of the United States. A magistrate assigned such functions
shall have no authority to perform any other function within the territory of
a foreign country.
- (h) A United States magistrate who has retired may, upon the
consent of the chief judge of the district involved, be recalled to serve as a
magistrate in any judicial district by the judicial council of the circuit
within which such district is located. Upon recall, a magistrate may receive a
salary for such service in accordance with regulations promulgated by the
Judicial Conference, subject to the restrictions on the payment of an annuity
set forth in section 377 of this
title or in subchapter III of chapter 83, and
chapter 84, of
title 5 which are applicable to such magistrate. The requirements set forth in
subsections (a), (b)(3), and (d) of section 631, and
paragraph (1) of subsection (b) of such section to the extent such paragraph
requires membership of the bar of the location in which an individual is to
serve as a magistrate, shall not apply to the recall of a retired magistrate
under this subsection or section 375 of this
title. Any other requirement set forth in section 631(b)
shall apply to the recall of a retired magistrate under this subsection or
section 375 of this
title unless such retired magistrate met such requirement upon appointment or
reappointment as a magistrate under section 631.
Footnotes
[1] So
in original. Probably should be ''post-trial''.
[Updates |
Parallel
authorities: CFR |
Topical
references Notes]
