A Brief History of the Creation of the United States Magistrate Judge Position

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.

Listing of United States Commissioners and Part-time Magistrates

WDNY Commissioners from Register of the Department of Justice:

Name Official Address Appointed
Louis L. Ullman Buffalo June 9, 1900
John C. Dyott, Jr. Elmira June 9, 1900
Abner Hazeltine Jamestown June 9, 1900
Sherman P. Jewett Buffalo June 9, 1900
Charles K. Robinson Buffalo June 9, 1900
Edwin C. Smith Rochester June 9, 1900
Delbert C. Hebbard Rochester June 9, 1900
John E. Pound Lockport June 9, 1900
Dilworth M. Silver Buffalo June 9, 1900
James O. Spencer Salamanca Nov. 15, 1900
George P. Keating Buffalo Dec. 3, 1902
Hugh J. O’Brien Rochester Dec. 22, 1903
George W. Knox Niagara Falls May 9, 1904
Louis L. Ullman Buffalo June 9, 1904
John C. Dyott, Jr. Elmira June 9, 1904
Abner Hazeltine Jamestown June 9, 1904
Sherman S. Jewett II Buffalo June 9, 1904
Charles K. Robinson Buffalo June 9, 1904
Edwin C. Smith Rochester June 9, 1904
Carl E. Tucker Niagara Falls Jan. 30, 1905
E. Watson Personius Elmira Nov. 22, 1905
Thomas Lee Newton Salamanca Jan. 23, 1906
George P. Keating Buffalo Dec. 3, 1906
Burdette Whipple Salamanca Nov. 2, 1907
Hugh J. O’Brien Rochester Jan. 15, 1908
Abner Hazeltine Jamestown June 9, 1908
Sherman S. Jewett II Buffalo June 9, 1908
Charles K. Robinson Buffalo June 9, 1908
Edwin C. Smith Rochester June 9, 1908
E. Watson Personius Elmira Jan. 12, 1910
Glenn A. Stockwell Niagara Falls June 30, 1910
George P. Keating Buffalo Dec. 3, 1910
Francis S. Stegelske Dunkirk July 25, 1911
Burdette Whipple Salamanca Nov. 2, 1911
Hugh J. O’Brien Rochester Jan. 15, 1912
Abner Hazeltine Jamestown June 8, 1912
Sherman S. Jewett, 2d Buffalo June 8, 1912
Charles K. Robinson Buffalo June 8, 1912
Edwin C. Smith Rochester June 8, 1912
Arthur W. Hickman Buffalo Mar. 29, 1913
Bertram L. Newman Elmira Dec. 31, 1913
George P. Keating Buffalo Dec. 3, 1914
Glenn A. Stockwell Niagara Falls June 30, 1914
Francis S. Stegelske Dunkirk July 25, 1915
Burdette Whipple Salamanca Nov. 15, 1915
Edwin C. Smith Rochester June 7, 1916
Charles K. Robinson Buffalo June 8, 1916
John H. Klein Buffalo Dec. 5, 1916
Bertram L. Newman Elmira Jan. 19, 1918
Edward R. Bootey Jamestown Feb. 9, 1918
Hugh J. O’Brien Rochester Mar. 7, 1918

From Register of US Commissioners:

Name Official Address Appointed
E. C. Barkman Watkins Apr. 20, 1925
Edward R. Bootey Jamestown Feb. 9, 1926
Edward J. Clark Buffalo Jan. 1, 1928
Harold V. Cook Buffalo June 7, 1924
J. Leslie Delaney Lockport Nov. 2, 1927
Charles E. Doane Buffalo Apr. 14, 1925
Fred H. Dunham Batavia Oct. 13, 1927
Wm. W. Gregg Elmira Feb. 1, 1928
Louis F. Hall Niagara Falls Mar. 12, 1924
Walter H. Knapp Canandaigua Sept. 19, 1927
George M. C. Parker Perry Sept. 28, 1927
Cyrus W. Phillips Rochester June 12, 1925
Albert W. Robbins Hornell Mar. 4, 1926
Thomas Shannon Bath Aug. 12, 1925
Edwin C. Smith Rochester June 7, 1924
Claude V. Stowell Corning Feb. 19, 1925
Walter A. Swan Brighton June 1, 1926
Newell H. Timerman Buffalo Aug. 10, 1926

From historical WDNY Commissioner’s Docket Books:

Name Official Address Approximate Dates of Service
Robert Miller Rochester 1942-1968
Boyce H. Butterfield Buffalo 1952-1967
Harry E. Harding Buffalo 1952-1955
William W. Gregg Elmira 1953
Harry B. Hunter Olean 1954-1975 (he was appointed a part-time Magistrate in 1971)
Walter A. Swan Rochester 1954
James P. Cotter Buffalo 1957-1958
Milton K. Sigworth Jamestown 1957-1959
E. Robert Bootey Jamestown  
Donald A. Forsyth Rochester 1965-1969
Edmund F. Maxwell Buffalo 1965-2001 (he was appointed a full-time Magistrate in 1971)
Thomas J. Ryan Buffalo 1965
Francis J. Moynihan Jamestown 1967

Part‑Time United States Magistrates:

Name Official Address Service Dates
Irving Etkin Elmira Appointed as part-time Magistrate in 1971, 1975, 1979, 1983
Stephen S. Joy Rochester Appointed as part-time Magistrate in 1971, 1975, 1979
David G. Larimer Rochester Appointed as part-time Magistrate in 1983
Paul J. Murphy Niagara Falls Appointed as part-time Magistrate in 1971, 1975, 1979, 1983
Harry B. Hunter Olean Appointed as part-time Magistrate in 1971