Acceptance of Guilty Plea Is `Too Important’ To Be Left to Magistrate Judge, 7th Cir. Says

The Federal Magistrates Act does not permit magistrate judges to accept guilty pleas even when the parties consented to it, the U.S. Court of Appeals for the Seventh Circuit held July 14 (United States v. Harden, 2014 BL 194584, 7th Cir., No. 13-1323).

The federal circuits are divided on the legality of the practice, which some district courts have enshrined in their local rules.

`Additional Duties’ Clause.

The act, 28 U.S.C. §636, specifically authorizes magistrate judges to preside over certain matters, including civil and misdemeanor trials. It also includes in Section 636(b)(3) an open-ended provision that ...