Judge Dennis Cavanaugh has chaired the Judicial Conference Committee on the Administration of the Magistrate Judges System since 2006. He was a U.S. magistrate judge for the District of New Jersey from 1993 to 2000, when he was appointed to the federal bench as a U.S. district judge in the District of New Jersey.

Judge Dennis M. Cavanaugh (D.N.J.)

The Federal Magistrates Act was enacted in 1968 to replace the United States commissioner system, which had been in place for about 175 years. Commissioners had been used in the courts to try petty offenses and conduct preliminary proceedings in criminal cases. The Act created a new judicial officer who could not only do the work of the commissioners, but also perform many other duties, helping the district courts cope with growing caseloads. And from the earliest years in office, the new judicial officers—magistrates, as they were called then—were recognized as valuable resources in civil as well as criminal cases.

The role of magistrate judges has evolved in a number of ways. First of all, Congress has acted repeatedly to enhance the authority of magistrate judges, to clarify their judicial status, and to improve the system’s overall effectiveness. In response to early challenges to the authority of magistrate judges to handle various types of proceedings, Congress amended the 1968 Act a number of times: in 1976 to explicitly authorize magistrate judges to conduct evidentiary hearings, and then in 1979, to expressly authorize them to enter final orders disposing of civil cases with the consent of the parties. Also, limited contempt authority was authorized in 2000.

In addition to the direct effect of legislation specifically enhancing and clarifying the scope of magistrate judges’ authority, the federal courts have responded to the overall growth in caseload by using magistrate judges to meet the particular demands of their changing caseloads. For example, in recent years many courts have assigned an increasing number of felony guilty plea proceedings to magistrate judges.

Congress also has acted to improve the salary and retirement benefits of magistrate judges and to promote the recruitment and appointment of highly qualified individuals. In 1990, Congress changed the title from magistrate to United States magistrate judge, making it clear that these are judicial officers to be addressed as judge or magistrate judge.

Magistrate judges are adjuncts to the Article III district judges. Full-time magistrate judges serve an eight-year term and they may be reappointed for successive terms. They are appointed by the district judges in each district.