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Article I Judges in an Article III World: The Career Path of Magistrate Judges

21 Pages Posted: 24 May 2016  

Tracey E. George

Vanderbilt University - Law School

Albert Yoon

University of Toronto - Faculty of Law

Date Written: May 23, 2016

Abstract

Federal magistrate judges are a relatively new creation, officially dating back only to 1968 in a federal judicial system which dates to 1789. Unlike federal district and appellate judges, whose constitutional authority is rooted in Article III, federal magistrate judges are a creation of Congress through Article I. Since their inception as special masters, magistrate judges’ responsibilities have steadily grown, now presiding (with the parties’ consent) over civil as well as misdemeanor criminal trials. The institutional differences between magistrate and district judges are stark: selection, compensation, and tenure, to name a few. At the same time, the roles of these judges significantly overlap, and district courts vary in the power and deference granted to magistrate judges. Notwithstanding their importance in federal adjudication, our understanding of magistrate judges remains limited. This article attempts to increase our understanding by building a unique dataset that comprises the universe of sitting United States magistrate judges, capturing both biographical and professional characteristics. We find that magistrate judges come from more diverse educational and professional backgrounds than do district judges. The implications of this finding are significant because magistrate judges exercise greater decision-making discretion in federal courts and serve as a pipeline to the Article III judiciary.

Keywords: Judicial selection, federal courts, magistrate judges, district judges

Suggested Citation

George, Tracey E. and Yoon, Albert, Article I Judges in an Article III World: The Career Path of Magistrate Judges (May 23, 2016). Nevada Law Journal, 2016 Forthcoming; Vanderbilt Law and Economics Research Paper No. 16-17. Available at SSRN: https://ssrn.com/abstract=2783420

Tracey E. George (Contact Author)

Vanderbilt University - Law School ( email )

131 21st Avenue South
Nashville, TN 37203-1181
United States

Albert Yoon

University of Toronto - Faculty of Law ( email )

78 and 84 Queen's Park
Toronto, Ontario M5S 2C5
Canada

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