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Magistrate Judges, Article Iii, And The Power To Preside Over Federal Prisoner Section 2255 Proceedings., Ira P. Robbins
Magistrate Judges, Article Iii, And The Power To Preside Over Federal Prisoner Section 2255 Proceedings., Ira P. Robbins
Articles in Law Reviews & Other Academic Journals
In 1968, Congress enacted the Federal Magistrates Act to enhance judicial efficiency in the federal courts. Since then, some judicial functions delegated to magistrate judges have been challenged on constitutional grounds: while federal district judges, appointed pursuant to Article III of the United States Constitution, are protected with life tenure and undiminishable salary, thereby enhancing judicial independence, federal magistrate judges, appointed pursuant to Article I, have no such protection. The most recent major challenge to magistrate judge authority came in 2001, when the United States Court of Appeals for the Fifth Circuit, in United States v. Johnston, decided that referral …