NCJ Number
101413
Journal
Judicature Volume: 69 Issue: 6 Dated: (April-May 1986) Pages: 353-359
Date Published
1986
Length
7 pages
Annotation
This assessment of the Federal district courts' magistrate system concludes that magistrates can play three roles -- generalist, specialist, and team player -- and that the scope of their role is determined by a court's willingness to innovate, think through work relationships, and educate and train bench and bar.
Abstract
A discussion of the organizational framework for analyzing magistrates' roles focuses on needed improvements in pretrial case management, laws narrowing lawyers' and judges' discretion, and diversity among courts' administration and management systems. This study interviewed 77 judges, 35 magistrates, and 289 lawyers across 9 districts and analyzed over 2,000 randomly selected pretrial motions assigned to magistrates. Three organizational models were discovered: magistrates perform as general judges, with judges encouraging lawyers through bar education to consent to a dispositive ruling by a magistrate; magistrates hear and recommend action in a clearly circumscribed area, gradually becoming experts; and magistrates become part of the team by hearing all pretrial matters and determining when or if the assigned judge's assistance is needed. The article discusses organizational implications of the magistrate system and offers guidelines for courts that are considering a reorganization. A review of magistrates' legal authority is provided. 36 footnotes.