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Magistrate Judges Are Effective, Flexible Judiciary Resource
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.
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Judge Dennis M. Cavanaugh (D.N.J.)
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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.
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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.
Time Line in the Evolution of the Magistrate Judges System | ||||||||||
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District courts utilize their magistrate judges in different ways. Why is that?
Probably one of the most significant aspects of the system is its flexibility. Congress granted broad statutory authority to magistrate judges, but it gave the district courts wide latitude as to their utilization to address local needs and conditions. District courts utilize magistrate judges differently for many reasons, including the varying caseload demands and the mixes of cases, differences in court culture, different views on the most effective role of magistrate judges, and sometimes to benefit from the particular skills of incumbent magistrate judges. In New Jersey, for example, one of the primary roles of our magistrate judges is conducting settlement conferences, and they’ve become very effective in settling cases.
There’s no ideal or specific model for magistrate judge utilization, however, the Judicial Conference and the Magistrate Judges Committee do encourage extensive utilization of magistrate judges. In fact, the Committee has summarized its views in a paper called “Suggestions for the Utilization of Magistrate Judges,” which we make available to judges and others in the district courts.
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I believe there are sufficient magistrate judges in most courts. Basically, the districts make a request when they believe that their caseload and other factors call for more magistrate judges. Once the AO’s Magistrate Judges Division receives a request for a new magistrate judge position, an attorney there conducts a survey of the district by visiting the district to discuss the matter with various judges and others in the court. They talk to the chief judge, other district judges, and the magistrate judges about utilization, caseload information including the court’s per judgeship statistics, and other topics affecting the court, including court governance. They see just how the court operates and then evaluate the court’s request based on Judicial Conference criteria to determine whether to recommend the requested position.
That survey is submitted to our committee and then I, as chair, assign each request to a committee member, and that judge reports on the request to the whole committee. We look at this with a strict eye to the criteria that we know the court has to meet. Then, after full discussion, we make a determination whether we should recommend to the Judicial Conference that it approve the new position.
Time Line in the Evolution of the Magistrate Judges System | ||||||||||
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In 2004, when we were facing an unprecedented budget crisis, the Judiciary launched a comprehensive cost-containment campaign, and our committee—at that time under former chair Judge Nina Gershon (E.D.N.Y. )—responded to the mandate for cost containment. We continue to do so today. Under normal circumstances, we don’t consider new magistrate judge positions at our December meetings; we only consider them at our June meetings. But of course, our job is not merely to do our part to control the budget, it is also to meet the needs of the Judiciary, and although we certainly look at each request with a stringent application of the criteria that justify the needs, if a district needs and justifies a new position, we certainly recommend that it be approved. While the number of requests for additional magistrate judge positions has declined significantly in the past few years, the number of magistrate judges overall continues to grow as the result of the growth in the district courts’ caseloads, as well as the increased recognition by district judges of the role that magistrate judges play and the value they are to the courts.
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Of course the Judiciary doesn’t have control over the creation of Article III judgeships. As a result, the creation of magistrate judge positions is essentially a self-help mechanism available to the federal Judiciary. However, magistrate judges and district judges are not fungible. Magistrate judges’ authority is constrained by constitutional and statutory limits. For example, magistrate judges don’t have felony trial authority. They can fully adjudicate a civil case, but only upon consent of the parties. So while magistrate judges can’t, and shouldn’t, take the place of district judges, they can and do serve to supplement each court’s available judicial resources.
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Certainly the impact of the recent increased prosecution of misdemeanor cases in U.S. courts on the Mexican border has been tremendous. In the first six months of 2008, in the five southwestern border courts, magistrate judges disposed of over 32,000 misdemeanor immigration cases. That’s almost as many as they disposed of in all of 2007. In several locations, magistrate judges are processing up to one hundred immigration defendants at a time, conducting initial appearances, plea proceedings, and sentencing proceedings for those defendants at one court sitting. The huge growth in the misdemeanor workload, along with continued growth in the number of felony preliminary proceedings handled routinely at these locations, has resulted in several border courts asking for authorization of additional magistrate judges. The Magistrate Judges Committee has already recommended authorizing two of these additional positions in one district and will be considering several additional requests from other border courts at our upcoming meetings.
Time Line in the Evolution of the Magistrate Judges System | |||||||
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A magistrate judge and a bankruptcy judge were first invited to attend the Judicial Conference in a non-voting, observer capacity a few years ago by the late Chief Justice Rehnquist, and Chief Justice Roberts has continued the practice. The current magistrate judge representative is Magistrate Judge Robert B. Collings (D. Mass.). The Federal Judicial Center Board includes a magistrate judge member and the majority of Judicial Conference committees have at least one magistrate judge member. Most circuit judicial councils now invite a magistrate judge to participate in their meetings as a non-voting representative. In their own districts, many magistrate judges have been invited to attend judges’ meetings; they are appointed to court committees; and otherwise share in governance and policy-making activities. The Magistrate Judges Committee strongly favors magistrate judge involvement and participation in court governance activities.
Like everyone else, magistrate judges want to be kept apprised of what is going on in the Judiciary. There’s a lot of administrative work in running the federal court system, and I think magistrate judges have a lot to offer at all levels. I know there are discussions about courtroom sharing and other things that will affect magistrate judges, and it’s very important for district judges to hear what magistrate judges have to say about these issues because we don’t always have the same perspective on the district level. Like anything else, the more people and different perspectives involved, the better the decision. They are an indispensable part of the Judiciary, and they have a lot to add.
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Within statutory and constitutional parameters, I believe that magistrate judges will continue to be authorized to exercise a broad range of authority. Innovation in the utilization of magistrate judges will probably, and hopefully, continue. It will be driven by increasing caseloads and the need to maximize the effectiveness of magistrate judge utilization overall.
I’m hopeful that we can make strides towards greater diversity in the magistrate judge system, which the Magistrate Judges Committee strongly encourages. I also believe the stature and responsibilities of the office of magistrate judges will continue to attract very high-caliber applicants. And I expect that magistrate judges will continue to play an important role as an effective and flexible judicial resource in addressing critical workloads and challenges, as for example, the way magistrate judges have been heavily utilized to meet the massive influx of criminal cases in the southwest border courts that we just discussed.
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