Posted: September 11th, 2022

Should You Consent to Have Your Business Case Decided by a U.S. Magistrate Judge?

Should You Consent to Have Your Business Case Decided by a U.S. Magistrate Choose?
FACT PATTERN
Tom Cruise has employed you away from the Washington Soccer Group and as soon as once more you’re employed immediately with Tom Cruise – this time as his private legal professional. Happily for him, he made this sensible choice on the proper second. The 2020 Presidential Election is across the nook and a video parody of Tom Cruise is now on YouTube.

Tom Cruise takes exception to being accused of being a pimp in highschool and desires to sue YouTube. Honoring the needs of your consumer, you file a $10 million defamation lawsuit towards YouTube on behalf of Tom Cruise. As a result of YouTube relies in California and for the second Tom Cruise resides in Florida, you file a lawsuit in the US District Courtroom for the Central District of California and end up in a Riverside court docket room.

As Tom Cruise’s legal professional, you might be doing every thing in your energy to enable Tom Cruise to have his “day in court docket.” Sadly due to COVID associated restrictions, the case towards YouTube is probably not heard for a number of years—and even longer. With Tom Cruise calling you on a each day foundation asking you to “present him the cash” you notice you will have one card up your sleeve. Offered that YouTube and Tom Cruise each agree, the case may be heard in simply a few months if you happen to consent to place it within the arms of a United States Magistrate Choose.

A SHORT HISTORY OF U.S. MAGISTRATE JUDGES
Magistrate Choose Sallie Kim of the US District Courtroom for the Northern District of California
Congress licensed the creation of a new federal judicial officer, the U.S. Justice of the Peace, in 1968 to Help scale back delays within the U.S. District Courts. These “inferior” federal officers had been to conduct a wide selection of judicial proceedings as set out by statute and as assigned by the District Courtroom Judges underneath whom they served. In 1979, Congress gave U.S. Magistrate Judges consent jurisdiction, which licensed them to conduct all civil trials so long as the events consented. At present, Justice of the Peace judges get rid of over a million civil and legal district court docket issues, which embrace motions and hearings.

Magistrate (now Federal) Choose Sanket Bulsara
THE SELECTION AND QUALITY OF MAGISTRATE JUDGES
Federal District Courtroom Judges are nominated by the president, confirmed by the Senate, and appointed for all times. In distinction, U.S. Magistrate Judges are chosen by Federal District Courtroom Judges within the district primarily based on the suggestions of a screening committee. Magistrate Judges serve an eight-year time period (which may be renewed).

By statute, Magistrate Judges should be chosen via a benefit choice course of. Candidates are interviewed by a screening committee of attorneys and others from the district wherein the place will likely be stuffed. The committee isn’t allowed to contemplate an applicant’s political get together affiliation.

A wide range of skilled attorneys, administrative legislation judges, state court docket judges, and others apply for Justice of the Peace choose positions. A typical opening receives about a hundred candidates (and is growing). The benefit choice panel selects the 5 most certified, who’re then voted on by the District Courtroom Judges.

As a result of the choice course of for a Magistrate Choose isn’t the identical as for a District Choose, some critics have expressed issues concerning the high quality of Magistrate Judges. Some teams, equivalent to Individuals for the American Means, are usually not in favor of permitting Magistrate Judges the ability to determine instances. These critics imagine that due to their restricted phrases, they don’t seem to be utterly immune from exterior strain.

QUESTIONS PRESENTED
Since you might be representing Tom Cruise on this vital authorized motion, do you advocate to Tom Cruise that he consent to using a Magistrate Choose to preside over the case towards YouTube? Why or why not?
Assume for the second that you really want to advocate to Tom Cruise to consent to using a Magistrate Choose, what sort of info would you need to analysis concerning the Magistrate Choose earlier than discussing the matter with Tom Cruise?

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