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Monday, March 25, 2019

Did Congress overlook military magistrates when requiring minimum terms of judicial office?

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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