NCJ Number
44213
Journal
Trial Volume: 13 Issue: 11 Dated: (NOVEMBER 1977) Pages: 32-35
Date Published
1977
Length
4 pages
Annotation
THE CHAIRMAN OF THE HOUSE JUDICIARY COMMITTEE DISCUSSES LEGISLATION AIMED AT REDUCING CONGESTION IN AND IMPROVING ACCESS TO FEDERAL COURTS BY EXPANDING THE ROLE OF MAGISTRATES.
Abstract
THE MAGISTRATES BILL, PASSED BY THE SENATE AND INTRODUCED IN THE HOUSE AS H.R.7493, WOULD GIVE MAGISTRATES CASE-DISPOSITIVE JURISDICTION IN CIVIL ACTIONS WITH THE CONSENT OF THE PARTIES AND CONCURRENCE OF THE DISTRICT COURT. THE BILL WOULD ALSO EXPAND THE CRIMINAL JURISDICTION OF MAGISTRATES AND UPGRADE THE COMPETENCY OF MAGISTRATES THROUGH IMPLEMENTATION OF SELECTION STANDARDS. EXAMINATION OF CASE LAW SUGGESTS THAT THE DELEGATION OF CASE-DISPOSITIVE AUTHORITY TO MAGISTRATES IS CONSTITUTIONAL. THE BILL CONTAINS NO LIMITATION WITH REGARD TO THE TYPE OF CIVIL LITIGATION THAT MAY BE REFERRED TO A MAGISTRATE. THE BILL INCREASES THE MAGISTRATE'S CRIMINAL JURISDICTION IN FOUR AREAS: (1) THE $1,000 FINE LIMITATION AND STATUTORY EXCEPTIONS FOR SPECIAL OFFENSES ARE REMOVED; (2) THE REQUIREMENT ALLOWING A DEFENDANT CHARGED WITH A PETTY OFFENSE TO ELECT A TRIAL IN DISTRICT COURT IS REMOVED; (3) IN CASES INVOLVING OTHER THAN PETTY OFFENSES, BOTH THE PROSECUTION AND THE DEFENSE MAY ELECT A TRIAL IN DISTRICT COURT; AND (4) MAGISTRATES MAY IMPOSE SENTENCES OF UP TO 1 YEAR PURSUANT TO THE PROVISIONS OF THE FEDERAL YOUTH CORRECTIONS ACT. IT IS PREDICTED THAT THE PROPOSED INCREASE IN MAGISTRATES' CRIMINAL JURISDICTION WILL REDUCE SIGNIFICANTLY THE CRIMINAL DOCKETS OF DISTRICT COURTS.