Business assignment

Should You Consent to Have Your Business Case Decided by a U.S. Magistrate Judge?

You have a strong case in a contract dispute with one of your business’s suppliers.  The supplier is located in another state.  Your attorney did everything necessary to obtain your “day in court.”  The court in question is a federal district court.  But you have just found out that your case may not be heard for several years—or even longer.  Your attorney tells you that the case can be heard in just a few months if you consent to place it in the hands of a U.S. magistrate judge.  Should you consent?

A Short History of U.S. Magistrate Judges

Congress authorized the creation of a new federal judicial officer, the U.S. magistrate, in 1968 to help reduce delays in the U.S. district courts.  These junior federal officers were to conduct a wide range of judicial proceedings as set out by statute and as assigned by the district judges under whom they served.  In 1979, Congress gave U.S. magistrates consent jurisdiction, which authorized them to conduct all civil trials as long as the parties consented.  Currently, magistrate judges dispose of over one million civil and criminal district court matters, which include motions and hearings.

The Selection and Quality of Magistrate Judges

As mentioned, federal district judges are nominated by the president, confirmed by the Senate, and appointed for life.  In contrast, U.S. magistrate judges are selected by federal district court judges based on the recommendations of a screening committee.  They serve an eight-year term (which can be renewed).

By statute, magistrate judges must be chosen through a merit selection process.  Applicants are interviewed by a screening committee of lawyers and others from the district in which the position will be filled. The committee is not allowed to consider an applicant’s political party affiliation.

A variety of experienced attorneys, administrative law judges, state court judges, and others apply for magistrate judge positions.  A typical opening receives about a hundred applicants.  The merit selection panel selects the five most qualified, who are then voted on by federal district court judges.

Because the selection process for a magistrate judge is not the same as for a district judge, some critics have expressed concerns about the quality of magistrate judges.  Some groups, such as People for the American Way, are not in favor of allowing magistrate judges the power to decide cases.  These critics believe that because of their limited terms, they are not completely immune from outside pressure.

Questions Presented

1. If you were facing an especially complex legal dispute—one involving many facets and several different types of law—would you consent to allowing a U.S. magistrate judge to decide the case?  Why or why not?


2. If you had to decide whether to allow a U.S. magistrate judge to hear your case, what information might you ask your attorney to provide concerning that individual?