US Magistrate Judges

[gary]

US Magistrate Judges' duties are pretty broad and are not mostly in the SSA disability arena. They do a lot of criminal work (warrants, arraignments, bond hearings, and more). In matters referred to them by US District Judges they have motions they rule on and others they make recommendations to the district court on. They do civil trials when all parties consent.

In the SSA disability arena, in the district court with which I am familiar, they would review the administrative record and rule on whether to affirm, reverse, or remand to the Agency if the parties consented. The Government had a general policy of consenting and the claimants often consented, so most of these reviews went to a Magistrate Judge.

[luckylady2]

They basically do anything assigned to them by the Chief US District Judge in their district. Lots of their time is spent on search warrants and civil discovery motions/supervision, and the majority of their work is usually most of the preliminary work in criminal cases - basically all the pre-trial stuff, while the US District Judges tend to handle the trial work and important motions. Actually that is true in both civil and criminal cases. Since criminal work is not 9-5, there's usually always a Magistrate Judge on call during non-office hours.

[gary]

Practice undoubtedly varies among the district courts.

The Constitution limits what may be referred to a U.S. Magistrate Judge. In addition, the United States Code and the Federal Rules of Civil Procedure have provisions providing for what matters may be referred to Magistrate Judges, and also what matters may be decided by Magistrate Judges and what matters may only be referred to a Magistrate Judge for a recommendation. Then there are local court rules, and here is where district courts may differ.

The district court with which I am familiar left it to the district judges (rather than the Chief Judge), within the confines of the various statutes and rules, to determine what to refer to a Magistrate Judge. Technically, the referrals went through the court's Executive Committee, but as long as the matter was properly referable to a Magistrate Judge that body through the Chief Judge automatically signed off on referrals.

[yellowrose]

Fabulous job -- particularly for criminal lawyers. Positions do not come open very often and are very competitive.

[privateatty]

Its a good job, but its most often political--like almost all Art. III Judgeships. I also don't think its a 9-5, M-F job insofar as warrants need to be issued. For those two reasons alone the ALJ is a better one, IMHO. Plus the latter is a lifetime appointment. No pesky politics reappearing like a dormant virus.

[wacokid]

Notwithstanding the "downsides" that have been mentioned, a very large upside is the pay and retirement. Full-time magistrates make 92% of district judges, which amounts to $183,172 at present. Also, with 14 years service at age 65 they retire at full salary.
With respect to becoming a magistrate, in my experience, unless you are well-known to and well-regarded by the district judges doing the choosing (and that often includes having clerked for one of them), then you have almost no chance.

[luckylady2]

Sept 25, 2014 12:43:59 GMT -5 intothewild said:

I already did a search of this forum, and I didn't see much information about magistrate judges.

You are not likely to see info on US Magistrate Judges in this forum because they are not Administrative Law Judges under the APA.  US Magistrate Judges are appointed under 28 USC sec 631, by majority vote of the active district judges for that district.  It tends to be a somewhat connection-based appointment, with people who have practiced a lot in that US District Court (and therefore are well-known to the judges) tending to have a natural advantage.  The process varies by district, but often the position is advertised to members of the bar of the jurisdiction or nominations are solicited from the bar.

[Missundaztood]

Just a few stray points to add. Maybe it depends on the district, but from what I have seen, the renewals at the 8 year mark are almost pro forma unless the Mag really isn't cutting it. Also varies by district but I have seen at least one of the big districts that automatically referred all SSA cases to one Mag, until that Mag retired and now they are distributed. How cases are assigned to the Mags are delineated in the local rules and/or admin orders. The districts where Mags are "paired" with district judges, then the Mag's responsibilities also depend on the disrict judge's preferences, e.g., what else gets referred, picking juries, baby-sitting juries, etc. If the parties' consent, then the Mag has the power to issue dispositive orders, like an Article III, which IMHO happens more often if the Mag is good. Finally, the criminal duty part depends on the district. If it is a big district, then there are more Mags to share the load and duty comes around less often but is pretty busy when it does. I am guessing than generally smaller districts are the opposite, duty more often but less arduous (maybe less outside of court hours?).

[goodoleboy47]

The quality of life for federal magistrate judges depends greatly on the way they are treated by the district judges. In my area where I was a federal prosecutor for many years, there is no way I could be lured to a magistrate's position. Several have left in the last few years. I had a pretty good opportunity to have a magistrate position years ago but didn't really take the bait because one of the federal district judges was such a difficult and unreasonable person. Also, a recent posting for a magistrate judge presented a salary below an ALJ's salary at the top level. Unless there has been a change in the last year, ALJs have a salary above that of a begining federal magistrate. The advantages of the magistrate position are the retirement package, the prestige, and the possibility of a distict court appointment. The workday is mostly handling criminal matters and there are no 40 hour work weeks. As a final note, there are former federal magistrates among the ALJ corps.

[minny]

In the federal district that I am most familiar with, the magistrates are there for good (no real issues with the 8-year reappointment) and, in fact, most eventually are eventually appointed as Article III judges. It is very much dependent on how well you are known by the sitting judges as well as your well-regarded reputation in the legal community that determine whether you will be selected as a magistrate.

[jonsprag1]

Federal magistrates have a pretty good gig--they do much of the work that Article III judges do--including deciding SSDI appeals from the ALJ's decisions.  They hear and decide preliminary motions in both criminal and civil cases and if the parties agree can sit on jury trials in federal court. The pay isn't quite as high as an Article III judge gets but is still very good.  Magistrates are paid 92% of what an Article III judge makes---Federal district court judges got a raise just recently and now make $199,100 a year.  Magistrate's pay is $187,172---up from $160,000 last year. 

Unlike aljs, federal magistrates deal with a wide variety of cases, not just one type. Also the 8 year term is not usually a problem--the magistrates that I know who wanted a 2nd or 3rd term easily got one.  Finally, in most jurisdictions, the docket of a magistrate is relatively light, unlike those of state court judges or SSA aljs.

It's a job I would take in a heartbeat. Unfortunately the process is very competitive.  In Maine, where I'm from (currently in DC), the sitting district court judges get to chose the magistrates.   Usually, the position goes to a senior experienced, and successful lawyer in private practice or to a senior justice of the Maine state superior court.  If I had the opportunity to apply (i.e. if an opening was available in the area where I was known in legal circles), I would--However, unlike alj positions, the magistrates' jobs generally go to local folks--there is no national registry and if you aren't from the area and known to the local federal judges, your chances are nil.

[Who Me?]

From what I have seen in one District I am very familiar with and many years of experience; the person selected has extensive fed court experience (AUSA or fed public defender) or is very well politically connected, or both.