Minimum terms have not been required for military magistrates in the United States, even though they now can in some circumstances decide pre-referral issues, try misdemeanor-level cases with the consent of the accused, and hold individuals in contempt. See R.C.M. 502(c)(3); arts. 19(c), 26a, 30a(c), 48(a)(2)(C), UCMJ. Given these powers, should military magistrates have the protection of minimum terms, as Congress has required for military trial and appellate judges?
In contrast, 28 U.S.C. § 631, which governs federal magistrate judges, provides:
(e) The appointment of any individual as a full-time magistrate judge shall be for a term of eight years, and the appointment of any individuals [sic] as a part-time magistrate judge shall be for a term of four years . . . .
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