The position of United States Magistrate Judge, as defined today, is a relatively new one; however, it has deep roots in the history of the American Judicial system. In 1795, Congress authorized the federal circuit courts to appoint persons “learned in the law” to take bail in federal criminal cases. In 1895, these persons were given the title of United States Commissioner.

The duties of Commissioners continued to evolve as the court system itself changed. In the beginning, Commissioners only set bail for federal prisoners in criminal cases. As early as 1866, however, Commissioners were authorized to issue search warrants, adjust seamen’s wage disputes, conduct extradition hearings, and enforce the Civil Rights Act of 1866, migratory bird treaties, and federal wildlife and game laws. By 1878, there were 2,000 Commissioners in the country.

Not all of these Commissioners were lawyers. For example, as late as 1942, only approximately half of the United States Commissioners in the country were attorneys. But by 1963, approximately 70 percent of the Commissioners were attorneys. During this time, the Commissioners were required to keep their own records, forms, and stationery, and there was no provision for clerical staff, transportation, or telephone service. The Commissioners were given certain set fees for their services.

On October 17, 1968, Congress passed the Federal Magistrate’s Act of 1968. This act abolished the office of United States Commissioner and created the office of United States Magistrate. The Magistrate was given authority to exercise all powers previously exercised by the Commissioners, but was also given new, additional duties, such as assisting District Judges by conducting pretrial and discovery proceedings, reviewing habeas corpus petitions, and acting as special masters. The first United States Magistrate took office on May 1, 1969.

The Federal Magistrate Act of 1979 gave Magistrates the authority to conduct the trial of jury or non‑jury civil cases with the consent of the parties. It also authorized Magistrates to handle all federal misdemeanors and to preside over jury trials in misdemeanor cases. It established compensation for full‑time Magistrates at 92 percent of a District Judge’s salary. In addition, the Civil Justice Reform Act of 1990 amended the title from United States Magistrate to United States Magistrate Judge.

Magistrate Judges are appointed by the District Court Judges in the district, and they serve eight‑year terms. Currently, we have five full‑time Magistrate Judges and two recalled Magistrate Judges in the Western District. Retired Magistrate Judges may be recalled to service by the Circuit Judicial Councils in accordance with the policies of the Judicial Conference. Any Magistrate Judge entitled to receive an immediate annuity upon retirement from office is eligible to be recalled to service by the Circuit Council if sufficient judicial work is available.

The Honorable Edmund F. Maxwell was the first full‑time United States Magistrate Judge appointed in the Western District of New York; he was appointed in 1971 and sat in Buffalo. The Honorable David G. Larimer was appointed part-time Magistrate in 1983 and one year later became the first full‑time Magistrate Judge to sit in Rochester.

Duties of Magistrate Judges

Magistrate Judges routinely conduct scheduling and discovery conferences, enter scheduling orders governing the pretrial phases of the civil and criminal cases, conduct settlement conferences in civil cases, decide discovery disputes and other non‑dispositive motions in both civil and criminal cases, and conduct civil jury and bench trials with consent of the parties. They also issue reports and recommendations on dispositive motions in a broad range of civil and criminal matters, as well as on requests for injunctive relief following evidentiary hearings.

Magistrate Judges also issue arrest and search warrants, receive grand jury returns, conduct initial appearances, arraignments, and preliminary hearings in criminal cases, set bail and conduct detention hearings, take pleas and impose sentence in petty offense and misdemeanor prosecutions, handle competency hearings, along with bail revocation hearings.

WDNY Commissioners from Register of the Department of Justice:

From Register of US Commissioners:

From historical WDNY Commissioner’s Docket Books:

Part‑Time United States Magistrates: