Magistrate Act

Summary

Magistrate Act - Empowers a United States magistrate, when specially designated by the court which he serves and when the parties consent, to hear or otherwise determine any nonjury or jury civil matter. Sets forth procedures to appeal of a matter so heard. Revises the method for selecting magistrates to restrict district court judges in making appointments to a list of qualified persons compiled by the appropriate circuit council. Requires as a qualification for appointment membership in one or more appropriate bars for at least five years. Expands the criminal jurisdiction of magistrates to include all misdemeanors. Authorizes magistrates to preside over jury trials where applicable. Denies persons charged with petty offenses an election to be tried by a district court. Permits the Government, as well as the defendant, an option to have a case heard by a district judge. Requires that magistrates exercising the civil jurisdiction granted under this Act or criminal jurisdiction be full-time magistrates.

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Documents

2 official files

• Passed House amended

  summary · EN · 4 October 1978

  Open at official source

• Introduced in Senate

  summary · EN · 26 May 1977

  Open at official source

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