28 U.S.C. § 636 : US Code - Section 636: Jurisdiction, powers, and temporary assignment

Search 28 U.S.C. § 636 : US Code - Section 636: Jurisdiction, powers, and temporary assignment

(a) Each United States magistrate judge serving under this
chapter shall have within the district in which sessions are held
by the court that appointed the magistrate judge, at other places
where that court may function, and elsewhere as authorized by law -

(1) all powers and duties conferred or imposed upon United
States commissioners by law or by the Rules of Criminal Procedure
for the United States District Courts;
(2) the power to administer oaths and affirmations, issue
orders pursuant to section 3142 of title 18 concerning release or
detention of persons pending trial, and take acknowledgements,
affidavits, and depositions;
(3) the power to conduct trials under section 3401, title 18,
United States Code, in conformity with and subject to the
limitations of that section;
(4) the power to enter a sentence for a petty offense; and
(5) the power to enter a sentence for a class A misdemeanor in
a case in which the parties have consented.
(b)(1) Notwithstanding any provision of law to the contrary -
(A) a judge may designate a magistrate judge to hear and
determine any pretrial matter pending before the court, except a
motion for injunctive relief, for judgment on the pleadings, for
summary judgment, to dismiss or quash an indictment or
information made by the defendant, to suppress evidence in a
criminal case, to dismiss or to permit maintenance of a class
action, to dismiss for failure to state a claim upon which relief
can be granted, and to involuntarily dismiss an action. A judge
of the court may reconsider any pretrial matter under this
subparagraph (A) where it has been shown that the magistrate
judge's order is clearly erroneous or contrary to law.
(B) a judge may also designate a magistrate judge to conduct
hearings, including evidentiary hearings, and to submit to a
judge of the court proposed findings of fact and recommendations
for the disposition, by a judge of the court, of any motion
excepted in subparagraph (A), of applications for posttrial (!1)
relief made by individuals convicted of criminal offenses and of
prisoner petitions challenging conditions of confinement.
(C) the magistrate judge shall file his proposed findings and
recommendations under subparagraph (B) with the court and a copy
shall forthwith be mailed to all parties.
Within ten days after being served with a copy, any party may serve
and file written objections to such proposed findings and
recommendations as provided by rules of court. A judge of the court
shall make a de novo determination of those portions of the report
or specified proposed findings or recommendations to which
objection is made. A judge of the court may accept, reject, or
modify, in whole or in part, the findings or recommendations made
by the magistrate judge. The judge may also receive further
evidence or recommit the matter to the magistrate judge with
instructions.
(2) A judge may designate a magistrate judge to serve as a
special master pursuant to the applicable provisions of this title
and the Federal Rules of Civil Procedure for the United States
district courts. A judge may designate a magistrate judge to serve
as a special master in any civil case, upon consent of the parties,
without regard to the provisions of rule 53(b) of the Federal Rules
of Civil Procedure for the United States district courts.
(3) A magistrate judge may be assigned such additional duties as
are not inconsistent with the Constitution and laws of the United
States.
(4) Each district court shall establish rules pursuant to which
the magistrate judges shall discharge their duties.
(c) Notwithstanding any provision of law to the contrary -
(1) Upon the consent of the parties, a full-time United States
magistrate judge or a part-time United States magistrate judge
who serves as a full-time judicial officer may conduct any or all
proceedings in a jury or nonjury civil matter and order the entry
of judgment in the case, when specially designated to exercise
such jurisdiction by the district court or courts he serves. Upon
the consent of the parties, pursuant to their specific written
request, any other part-time magistrate judge may exercise such
jurisdiction, if such magistrate judge meets the bar membership
requirements set forth in section 631(b)(1) and the chief judge
of the district court certifies that a full-time magistrate judge
is not reasonably available in accordance with guidelines
established by the judicial council of the circuit. When there is
more than one judge of a district court, designation under this
paragraph shall be by the concurrence of a majority of all the
judges of such district court, and when there is no such
concurrence, then by the chief judge.
(2) If a magistrate judge is designated to exercise civil
jurisdiction under paragraph (1) of this subsection, the clerk of
court shall, at the time the action is filed, notify the parties
of the availability of a magistrate judge to exercise such
jurisdiction. The decision of the parties shall be communicated
to the clerk of court. Thereafter, either the district court
judge or the magistrate judge may again advise the parties of the
availability of the magistrate judge, but in so doing, shall also
advise the parties that they are free to withhold consent without
adverse substantive consequences. Rules of court for the
reference of civil matters to magistrate judges shall include
procedures to protect the voluntariness of the parties' consent.
(3) Upon entry of judgment in any case referred under paragraph
(1) of this subsection, an aggrieved party may appeal directly to
the appropriate United States court of appeals from the judgment
of the magistrate judge in the same manner as an appeal from any
other judgment of a district court. The consent of the parties
allows a magistrate judge designated to exercise civil
jurisdiction under paragraph (1) of this subsection to direct the
entry of a judgment of the district court in accordance with the
Federal Rules of Civil Procedure. Nothing in this paragraph shall
be construed as a limitation of any party's right to seek review
by the Supreme Court of the United States.
(4) The court may, for good cause shown on its own motion, or
under extraordinary circumstances shown by any party, vacate a
reference of a civil matter to a magistrate judge under this
subsection.
(5) The magistrate judge shall, subject to guidelines of the
Judicial Conference, determine whether the record taken pursuant
to this section shall be taken by electronic sound recording, by
a court reporter, or by other means.
(d) The practice and procedure for the trial of cases before
officers serving under this chapter shall conform to rules
promulgated by the Supreme Court pursuant to section 2072 of this
title.
(e) Contempt Authority. -
(1) In general. - A United States magistrate judge serving
under this chapter shall have within the territorial jurisdiction
prescribed by the appointment of such magistrate judge the power
to exercise contempt authority as set forth in this subsection.
(2) Summary criminal contempt authority. - A magistrate judge
shall have the power to punish summarily by fine or imprisonment,
or both, such contempt of the authority of such magistrate judge
constituting misbehavior of any person in the magistrate judge's
presence so as to obstruct the administration of justice. The
order of contempt shall be issued under the Federal Rules of
Criminal Procedure.
(3) Additional criminal contempt authority in civil consent and
misdemeanor cases. - In any case in which a United States
magistrate judge presides with the consent of the parties under
subsection (c) of this section, and in any misdemeanor case
proceeding before a magistrate judge under section 3401 of title
18, the magistrate judge shall have the power to punish, by fine
or imprisonment, or both, criminal contempt constituting
disobedience or resistance to the magistrate judge's lawful writ,
process, order, rule, decree, or command. Disposition of such
contempt shall be conducted upon notice and hearing under the
Federal Rules of Criminal Procedure.
(4) Civil contempt authority in civil consent and misdemeanor
cases. - In any case in which a United States magistrate judge
presides with the consent of the parties under subsection (c) of
this section, and in any misdemeanor case proceeding before a
magistrate judge under section 3401 of title 18, the magistrate
judge may exercise the civil contempt authority of the district
court. This paragraph shall not be construed to limit the
authority of a magistrate judge to order sanctions under any
other statute, the Federal Rules of Civil Procedure, or the
Federal Rules of Criminal Procedure.
(5) Criminal contempt penalties. - The sentence imposed by a
magistrate judge for any criminal contempt provided for in
paragraphs (2) and (3) shall not exceed the penalties for a Class
C misdemeanor as set forth in sections 3581(b)(8) and 3571(b)(6)
of title 18.
(6) Certification of other contempts to the district court. -
Upon the commission of any such act -
(A) in any case in which a United States magistrate judge
presides with the consent of the parties under subsection (c)
of this section, or in any misdemeanor case proceeding before a
magistrate judge under section 3401 of title 18, that may, in
the opinion of the magistrate judge, constitute a serious
criminal contempt punishable by penalties exceeding those set
forth in paragraph (5) of this subsection, or
(B) in any other case or proceeding under subsection (a) or
(b) of this section, or any other statute, where -
(i) the act committed in the magistrate judge's presence
may, in the opinion of the magistrate judge, constitute a
serious criminal contempt punishable by penalties exceeding
those set forth in paragraph (5) of this subsection,
(ii) the act that constitutes a criminal contempt occurs
outside the presence of the magistrate judge, or
(iii) the act constitutes a civil contempt,
the magistrate judge shall forthwith certify the facts to a
district judge and may serve or cause to be served, upon any
person whose behavior is brought into question under this
paragraph, an order requiring such person to appear before a
district judge upon a day certain to show cause why that person
should not be adjudged in contempt by reason of the facts so
certified. The district judge shall thereupon hear the evidence
as to the act or conduct complained of and, if it is such as to
warrant punishment, punish such person in the same manner and to
the same extent as for a contempt committed before a district
judge.
(7) Appeals of magistrate judge contempt orders. - The appeal
of an order of contempt under this subsection shall be made to
the court of appeals in cases proceeding under subsection (c) of
this section. The appeal of any other order of contempt issued
under this section shall be made to the district court.
(f) In an emergency and upon the concurrence of the chief judges
of the districts involved, a United States magistrate judge may be
temporarily assigned to perform any of the duties specified in
subsection (a), (b), or (c) of this section in a judicial district
other than the judicial district for which he has been appointed.
No magistrate judge shall perform any of such duties in a district
to which he has been temporarily assigned until an order has been
issued by the chief judge of such district specifying (1) the
emergency by reason of which he has been transferred, (2) the
duration of his assignment, and (3) the duties which he is
authorized to perform. A magistrate judge so assigned shall not be
entitled to additional compensation but shall be reimbursed for
actual and necessary expenses incurred in the performance of his
duties in accordance with section 635.
(g) A United States magistrate judge may perform the verification
function required by section 4107 of title 18, United States Code.
A magistrate judge may be assigned by a judge of any United States
district court to perform the verification required by section 4108
and the appointment of counsel authorized by section 4109 of title
18, United States Code, and may perform such functions beyond the
territorial limits of the United States. A magistrate judge
assigned such functions shall have no authority to perform any
other function within the territory of a foreign country.
(h) A United States magistrate judge who has retired may, upon
the consent of the chief judge of the district involved, be
recalled to serve as a magistrate judge in any judicial district by
the judicial council of the circuit within which such district is
located. Upon recall, a magistrate judge may receive a salary for
such service in accordance with regulations promulgated by the
Judicial Conference, subject to the restrictions on the payment of
an annuity set forth in section 377 of this title or in subchapter
III of chapter 83, and chapter 84, of title 5 which are applicable
to such magistrate judge. The requirements set forth in subsections
(a), (b)(3), and (d) of section 631, and paragraph (1) of
subsection (b) of such section to the extent such paragraph
requires membership of the bar of the location in which an
individual is to serve as a magistrate judge, shall not apply to
the recall of a retired magistrate judge under this subsection or
section 375 of this title. Any other requirement set forth in
section 631(b) shall apply to the recall of a retired magistrate
judge under this subsection or section 375 of this title unless
such retired magistrate judge met such requirement upon appointment
or reappointment as a magistrate judge under section 631.