NCJ Number
90249
Date Published
1981
Length
94 pages
Annotation
Following a general review of the operation of the Federal magistrates system, this report addresses various issues raised by the chairman of the judiciary committees and offers recommendations for the organization of the magistrates system, the jurisdiction of magistrates, and the office of magistrate.
Abstract
The Federal magistrates system, now a little more than a decade old, has fulfilled the objectives of the Congress in (1) upgrading the status and quality of the first echelon of the Federal judiciary, (2) establishing an effective forum for the disposition of Federal misdemeanor cases, (3) providing needed assistance to district judges in the disposition of their civil and criminal cases, (4) improving access to the Federal courts for litigants, and (5) providing the courts with a supplementary judicial resource to meet the ebb and flow of their caseload demands. It has taken time for the courts to implement the various provisions of the 1979 amendments to the Federal Magistrates Act. Moreover, only 1 year of caseload statistical information is currently available to evaluate the effects of the 1979 statute. Preliminary indications are that the amendments have been well received and are proving beneficial to the courts and to litigants. The Federal magistrates system is best constituted in its present form as an integral component of the U.S. district courts. There is no need or advantage in establishing the magistrates system as a separate court, tier, or division. A change in the statutory title of 'United States magistrate' is not needed. The Congress, however, should take action to provide a more equitable level of compensation for magistrates and to improve their retirement benefits. Appendixes contain a survey of all chief judges of the U.S. district courts and all full-time magistrates regarding the effect of the 1979 amendments and resolutions of the National Council of U.S. Magistrates. (Author summary modified)