You are here

Magistrate Judges

Magistrate judges

Magistrate judges are judicial officers of the U.S. district courts appointed by the district judges of the court to handle a variety of judicial proceedings.

Magistrate judges perform functions delegated by the district court. In criminal cases, they have authority to issue warrants, conduct preliminary proceedings, such as initial appearances and arraignments, try cases involving petty offenses committed on federal lands, and try other misdemeanor cases with the consent of the defendant. In most districts, magistrate judges handle pretrial motions and hearings in civil and criminal cases. While most civil cases are tried by district judges, magistrate judges may also preside over civil trials if all parties consent.

Like other federal judges, all full-time magistrate judges are paid the same salary, regardless of where they serve or their years of service.

The position and authority of magistrate judges was established in 1968. By federal law, magistrate judges must meet specified eligibility criteria, including at least five years as a member in good standing of a state or territory’s highest court bar. They must also be vetted by a merit selection panel that consists of lawyers and non-lawyers from the community. By majority vote of the U.S. district judges of the court, magistrate judges are appointed for a renewable term of eight years. In addition, there are a small number of part-time magistrate judges who serve four-year terms.

The number and location of magistrate judges is determined by the Judicial Conference of the United States.

Learn more about magistrate judges from the following resources:

Federal Judicial Center Information on Magistrate Judgeships