Okay, so since several Federal Judges vote to appoint a magistrate judge, could a federal judge remove one or would they have to vote again?
- Tmess2Lv 74 weeks ago
Under 28 U.S.C. Section 531, the duly appointed judges (i.e. nominated by the president and confirmed by the Senate) in each judicial district elect individuals to serve as magistrate judges for that district. (If the judges are unable to agree on a candidate, then the chief judge for the district gets to choose the magistrate judge.) Each magistrate judge serves for an eight-year term. A magistrate may be discharged before the end of his/her term only if the position is eliminated or if a majority of the judges of the district find that the magistrate should be removed for cause. (If there is a tie on a vote to remove a magistrate, the matter then goes to the council for the circuit court.)