Looking for clerks from federal MJs around the country. How do your DJs use MJs? Just for discovery? Pro se? Tell me generally the breakdown I’m curious to see. Also how many clerks does each MJ get in every district? Is it always 2? Or do certain districts who use their MJs to the fullest capacity get more clerks?

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In ND Cal magistrates are put on the same civil assignment wheel as DJs. The culture of the district is that it is assumed parties will consent to MJ jdx if they are assigned an MJ the very large majority of the time. Once that happens, the MJs authority is the exact same as the DJs.

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Our MJs handle everything up to the pretrial order being entered for both civil and crim matters, with the understanding that any dispositive motion needs to be by R&R. For crim this means initial appearance/arraignment, preliminary/detention hearings, motions to suppress, motions to continue. For civil this means scheduling orders, discovery disputes, other pre-trial motions. Also, social security appeals, IFP screening, etc. Of course, if it is a consent case the MJ handles it all the way through.

As for staffing, my understanding is that every MJ gets two staff members (I’m sure there are exceptions but none I’m aware of). Those staff can be any combo of career clerks, term clerks, or a judicial assistant. Unfortunately, workload does not seem to play a role in how many staff are allotted.

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In ED MO, MJs are also on the same civil wheel as DJs, and parties generally consent to the MJs’ jurisdiction, except in the case of patent or some other complex matters. Most of our MJs have one full-time career clerk and then share a JA and term clerk with another MJ. My understanding is that we use our MJs to the fullest capacity, which the AO rewards by authorizing more MJ positions. Still, MJs only get two clerks if they choose not to have a JA.

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I clerked for a federal magistrate judge in a busy district. Obviously discovery was our bread and butter but we had a fair bit of complex, substantive, and sometimes dispositive motions referred to us for our R&R.

As far as clerks, my chambers had one and it was only me! Typically mags will get 2 but longer tenured ones may keep on a JA that they’re fond of which results in there only being budget left for one law clerk.

I was lucky in that I really only dealt with civil matters. My judge got a good bit of social security work but she handled that on her own.

In busy patent dockets like EDTX, WDTX, DEL & NDCA, MJs take on more responsibilities in patent litigation like Markman hearings and other pre-trial matters for patent cases and are also encouraged to have their own consent cases which they handle entirely on their own. These responsibilities also seem to make them more like DJs compared to other districts where they have more limited duties.

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