How FBA Members Can Support Our U.S. Magistrate Judges

President’s Message published in the Winter 2025 issue of The Federal Lawyer magazine

Dear FBA Members:

By the time you read this message, many of our members will have just celebrated the Thanksgiving holiday. So, in the spirit of Thanksgiving, I want you, the incredible members of the FBA, to know that I am thankful for you and your support of our organization. Nothing we have done, are doing, or will do is possible without your support.

In that vein, I want to highlight a particular segment of our FBA membership and FBA constituency that I am particularly thankful for, federal magistrate judges. In 1991, Justice John Paul Stevens, in Peretz v. United States, 501 U.S. 923, 928 (1991) (quoting Virgin Islands v. Williams, 892 F.2d 305, 308 (3d Cir. 1989)), said it best, “the role of the magistrate [judge] in today’s federal judicial system is nothing less than indispensable.” That sentiment continued when Justice Sonia Sotomayor explained in Wellness Int’l Network, Ltd. v. Sharif, 135 S. Ct. 1932 (2015), “It is no exaggeration to say that without the distinguished service of these judicial colleagues, the work of the federal court system would grind nearly to a halt.” Taking it one step further, I humbly submit that our federal magistrate judges are required for the orderly administration of justice and the preservation of the Rule of Law.

So, as we digest our thanksgiving feasts and begin the steady trod of our return to the work week and continued holidays, let’s take a few moments to raise a glass in appreciation for that group of federal judges that make the United States judicial system the envy of the globe. AND, like any good toast, let’s take a quick moment to understand the role of our federal magistrate judges and the ever-increasing responsibility they continue to carry.

Our reliance on federal magistrate judges continues to grow.

In evaluating the assigned functions of our federal magistrate judges, one should really evaluate those tasks that our federal magistrate judges do not perform. The list is much shorter. The role of a federal magistrate judge is a creature of statute stemming from the 1968 passage of the Federal Magistrates Act. This act was intended to fill the gaps left by the allotment of Article III judges (at that time) in order to lessen the considerable strain on our federal judiciary system. Magistrate judge responsibilities are codified in 18 U.S.C. Section 2511, 18 U.S.C. Section 3401, and 28 U.S.C. Section 636. While these responsibilities certainly differ from district to district, the limited items restricted from federal magistrate judge consideration are customarily trial and sentencing of felony defendants and the issuance of wiretap warrants. See 18 U.S.C. Section 2511.

This is to state, federal magistrate judges carry a heavy load and their responsibilities continue to grow. In fact, the Judiciary Data and Analysis Office of the Administrative Office reported that as of the close of fiscal year 2018, the number of matters heard by federal magistrate judges increased by over 20 percent compared to fiscal year 2000 numbers.3 That is a staggering increase, and our reliance continues to grow. Compounding matters further, our incredible Article III judges continue to be stretched thin, creating a circumstance in which both Article III and federal magistrate judges continue to handle ever increasing caseloads with flat or decreasing resources. While our reliance on our federal magistrate judges (and Article III judges) continues to grow and their jobs become increasingly more difficult, let’s take a moment to recognize that they remain steadfast.

The growth of federal magistrate judgeships outpaces the creation of Article III judgeships.

Many of you are no doubt aware that the United States has not legislatively created additional Article III judgeships since 2003. It is for this very reason that the Judicial Conference of the United States has continued to create new federal magistrate judgeships consistently for nearly 50 years. This chart demonstrates the addition of federal magistrate judgeships as compared to the creation of Article III judgeships from 1968 to 2018. The trend is clear.

What can we do to continue our support our federal magistrate judges?

Well, first and foremost, you can continue to support the important initiatives of the FBA, including our pursuit of appropriations for the Daniel Anderl Judicial Security and Privacy Act. You can also lend support to the JUDGES Act that was recently introduced to Congress and seeks to create 63 new federal judgeships. You can also continue to be a sounding board at the local chapter level. Schedule an appointment with your federal magistrate judges. Ask them how your chapter and the FBA can further support the incredible work they are doing. It is indeed scary to imagine what our judicial system (and country) would look like without our federal magistrate judges. So, when you see your federal magistrate judges at a chapter meeting or at the courthouse, SAY THANK YOU! After all, tis’ the season.

Glen McMurry is a litigation partner in the Dayton, Ohio office of the law firm of Taft, Stetinius & Hollister. He has nearly 20 years of experience serving diverse corporations and individuals resolving a wide variety of issues, including complex commercial disputes and compliance with local, state, and federal laws. McMurry also focuses his practice on employment issues, construction claims, insurance claims/defense, and litigation stemming from mergers and acquisitions.