Criminal Procedure — magistrate judges

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U.S. Court of Appeals for the 7th Circuit

Criminal

Criminal Procedure — magistrate judges

Acceptance of a felony guilty plea cannot be delegated to a magistrate judge.

“The acceptance of a guilty plea in a felony case is not a described power or duty, so we must interpret the ‘additional duties’ clause of the statute to determine whether the Act permits magistrate judges to discharge that function, even with the consent of the defendant and the government. Based on the statute and the Supreme Court decisions limning the limits of federal magistrates’ authority, we determine that magistrates are not permitted to accept guilty pleas in felony cases and adjudge a defendant guilty. The task of accepting a guilty plea is a task too important to be considered a mere ‘additional duty’ permitted under § 636(b)(3): it is more important than the supervision of a civil or misdemeanor trial, or presiding over voir dire. Because of this importance, the additional duties clause cannot be stretched to reach acceptance of felony guilty pleas, even with a defendant’s consent.” Reversed.

13-1323 U.S. v. Harden

Appeal from the United States District Court for the Southern District of Illinois, Herndon, J., Tinder, J.