A magistrate judge is a judicial officer of the district court and is appointed by majority vote of the active district judges of the court. A magistrate judge exercises jurisdiction over matters assigned by statute as well as those delegated by the district judges. A full-time magistrate judge serves a term of 8 years. Duties assigned to magistrate judges by district court judges may vary considerably from judge to judge and court to court.  More information about magistrate judges can be located in 28 U.S.C. § 631 and on the U.S. Courts website.

A district court judge is nominated by the President and confirmed by the United States Senate, as stated in Article III of the U.S. Constitution.  Article III of the Constitution states that these judicial officers are appointed for a life term. The names of potential nominees often are recommended by senators or sometimes members of the House of Representatives who are of the President's political party. The Senate Judiciary Committee typically conducts confirmation hearings for each nominee, and the vote for confirmation is presented to the entire Senate.

The correct title for a United States Magistrate Judge is "United States Magistrate Judge," "U.S. Magistrate Judge," or "Magistrate Judge."  This title should appear below the judge's signature line in a proposed order and in the caption of the case. Please review local rule DUCivR 10-1 for additional information related to captions and titles.  This title is established by 28 U.S.C. § 631.

The Associated Press Style Book states:

"Use magistrate judge when referring to the fixed term judge who presides in U.S. District Court and handles cases referred by U.S. district judges." p 155 (2003)

The New York Times Manual of Style and Usage provides:

"Magistrate Judge. Lynn H. Agnello; Judge Agnello; the judge. If there is a risk of confusion with a district judge, in later references make it Magistrate Judge Agnello or the magistrate judge."  p. 198 (1999)

Confusion arises because the position was "U.S. Magistrate" until redesignated as "United States Magistrate Judge" in 1991.  Some of the misnomers we see include "United States District Court Magistrate,"  "U.S. Magistrate," "federal magistrate," and "magistrate." 

In 1968, Congress expanded on the 175-year-old United States commissioner system by implementing the current magistrate judge system. In 2022, in addition to the 561 full-time magistrate judge positions authorized there were 25 part-time judges and 2 combination clerk of court/magistrate judges who served four-year terms.

Magistrate judges perform a wide range of duties in civil and criminal cases.

In civil cases, they will hear pretrial motions, conduct settlement and pretrial conferences, and may, on assignment, handle dispositive motions and, with the consent of the parties, may conduct the trial.

In criminal cases, they will handle most pre-trial matters, including initial appearance of a defendant before a judge, arraignment on charges, including taking a plea of guilty or not guilty, and determining whether the defendant should be detained or released pending trial. Magistrate judges handle all petty offense cases and most misdemeanor cases.

Magistrate judges also handle most appeals from social security decisions and cases filed by pro se plaintiffs who are not prisoners.
 

A magistrate judge may handle some preliminary and post-judgment matters in civil cases under 28 U.S.C. § 636(a) and DUCivR 72-1,as well as pre- and post-conviction matters in criminal cases under DUCrimR 57-9, without a referral from a district judge. For instance, scheduling conferences, collection and supplemental proceedings, and criminal case initial appearances and detention hearings do not require a reference from a district judge. 

For more information, please visit the Consent to the Jurisdiction of the Magistrate Judge in Civil Cases webpage.