NCJ Number
84778
Date Published
1982
Length
12 pages
Annotation
The chapter examines the development of U.S. magistrates' authority, the effects of the changes magistrates have made in the Federal court system, processes of overcoming barriers to magistrate utilization, and recent Department of Justice attempts to change substantially the magistrates's role.
Abstract
Created in 1968 to provide needed assistance for district court judges in pretrial proceedings, magistrates have enjoyed a gradually expanding place in the Federal judicial system. As the need for additional professional assistance has increased, magistrates' authority has expanded, and statutory barriers to the use of magistrates in a wide range of civil and criminal trial proceedings have been lowered. Although this expansion has been welcomed within the judiciary and in Congress, some resistance has nevertheless been encountered. Many district judges were reluctant, even with increasing caseloads and case delays, to give up or share portions of their authority. In recent years, efforts to upgrade the qualifications, salary, and status of the magistrate have aimed at increasing judicial and professional acceptance of the expanded magistrate role. These efforts culminated in 1979 with major amendments to the Federal Magistrates Act, providing authority for magistrates to conduct civil jury and nonjury trials with the consent of the parties and criminal misdemeanor trials with the consent of the defendant. Eight notes and 20 references are provided.