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D. Ariz. LRCrim 57.6

United States Magistrate Judges

activein force · 2026-09-18 – presentact-effective-date

(a) Duties Prescribed. All Magistrate Judges in the District of Arizona shall

perform the duties prescribed by 28 U.S.C. § 636. The only limitations on the duties and

responsibilities delegated to and performed by a part-time Magistrate Judge are those

limitations specifically set forth in 28 U.S.C. § 636 or other applicable statute or General

Order.

(b) Duty Stations. The Magistrate Judges maintaining official stations at

Grand Canyon National Park, Phoenix, Yuma, Flagstaff, Page, Kingman, and Tucson, are

each specifically designated pursuant to 18 U.S.C. § 3401 to try persons accused of, and

sentence persons convicted of misdemeanors. Any Magistrate Judge may accept a

forfeiture of collateral or may enter judgment in a misdemeanor case based on a plea of

guilty or nolo contendere. A Magistrate Judge trying a defendant charged with a

misdemeanor shall do so in the manner prescribed by Rule 58 of the Federal Rules of

Criminal Procedure.

(c) Consent of Defendant. Upon the transfer, under Rule 20 of the Federal

Rules of Criminal Procedure, of any information, complaint, or indictment charging a

misdemeanor, the case shall be referred without unnecessary delay to a Magistrate Judge

who may take a plea and impose sentence in the manner prescribed by Rule 58 of the

Federal Rules of Criminal Procedure.

(d) Other Duties. Subject to the Constitution and laws of the United States,

the full-time Magistrate Judges in the District of Arizona shall perform the following

duties:

(1) Assist the District Judges in the conduct of pretrial discovery

proceedings in criminal actions. A Magistrate Judge may hear and determine a procedural

or discovery motion or other pretrial matter in a criminal case other than the motions

which are specified in 28 U.S.C. § 636(b)(1)(A). As to such specified motions so

assigned, a Magistrate Judge shall, upon designation by a District Judge, submit to that

District Judge a report containing proposed findings of fact and recommendations for

disposition by the District Judge.

(2) Conduct voir dire examinations and select juries in criminal cases by

express consent of all parties.

(3) Conduct all detention hearings, including juvenile hearings pursuant

to 18 U.S.C. § 5034, and hearings to amend, modify or revoke conditions of release under

the Bail Reform Act of 1984, as amended. All Magistrate Judges are specifically

authorized to conduct detention hearings on alleged probation and supervised release

violations unless the assigned District Judge directs otherwise.

(4) Review and submit recommendations to a District Judge on all

petitions for revocation of probation and supervised release and conduct necessary

proceedings leading to the potential revocation of probation and supervised release and,

upon the express consent of the parties and order of referral from a District Judge, take all

admissions to violations of probation or supervised release conditions.

(5 Conduct arraignments, accept not guilty pleas, and set deadlines for

filing of motions and responses thereto in criminal cases.

(6) Receive the return of indictments by the Grand Jury and issue bench

warrants when necessary for defendants named in the indictments.

(7) Dismiss indictments on motion of the United States Attorney and

with the consent of the defendants.

(8) Enter orders for examination to determine mental competency; hold

hearings and conduct examinations to determine mental competency; and enter orders

determining mental competency except any motion to involuntarily medicate a defendant

in an effort to restore competency.

(9) Conduct preliminary proceedings incident to transfer of cases

pursuant to Rule 20, Federal Rules of Criminal Procedure.

(10) Issue subpoenas and writs of habeas corpus ad prosequendum and

writs of habeas corpus ad testificandum or other orders necessary to obtain the presence

of parties, witnesses, or evidence needed for court proceedings.

(11) Enter orders forfeiting bail where a defendant’s bail conditions are

breached in petty offense cases or Class A misdemeanor cases wherein all parties have

consented to a Magistrate Judge pursuant to Rule 58 of the Federal Rules of Criminal

Procedure.

(12) Hear and adjudge objections to notice of the Government's intention

to destroy all but samples of controlled substance seizures and any hazardous chemical

substance. Such determinations may include ex parte consideration by the Magistrate

Judge if exigent circumstances reasonably require such.

(13) Issue orders upon appropriate application for disclosure of Grand

Jury information pursuant to Rule 6(e)(3)(E) of the Federal Rules of Criminal Procedure.

(14) Make determinations of indigency based upon a signed and

completed financial affidavit or upon oath or affirmation of a defendant pursuant to 18

U.S.C. § 3006A(b).

(15) Conduct extradition proceedings in accordance with 18 U.S.C. §

3184 and 18 U.S.C. § 4108 regarding fugitives or offenders from a foreign country to the

United States.

(16) Direct the probation service of the Court to conduct a presentence

investigation in any misdemeanor case or felony case referred to the Magistrate Judge for

taking of a guilty plea.

(17) Conduct a jury trial in a Class A Misdemeanor case upon the express

written consent of all the parties and any petty offense case where the parties request a

jury trial and are entitled to trial by jury under the Constitution and laws of the United

States.

(18) In cases assigned to the Magistrate Judge, make determinations and

enter appropriate orders pursuant to the Speedy Trial Act, unless otherwise indicated by

the Act.

(19) Conduct pretrial conferences, settlement conferences, and related

pretrial proceedings in criminal cases upon the referral of a District Judge.

(20) Accept waivers of indictment pursuant to Rule 7(b) of the Federal

Rules of Criminal Procedure.

(21) Accept petit jury verdicts in criminal cases with consent of the

parties and upon the referral of a District Judge.

(22) Perform the functions specified in 18 U.S.C. § 4107 and § 4109

regarding the transfer of an offender from the United States to a foreign country, conduct

recorded proceedings for verification of the offender’s voluntary consent to transfer from

the United States and appoint counsel therein pursuant to 18 U.S.C. § 3006A.

(23) Issue orders authorizing the installation and use of a pen register or a

trap and trace device pursuant to 18 U.S.C. §§ 3122-23, and related orders directing the

furnishing of information, facilities and technical assistance necessary to accomplish the

installation of the pen register or trap and trace device as well as orders and search

warrants pursuant to 18 U.S.C. § 2701 through 2710 for subscriber or customer

information and for contents of electronic communications, as provided by law.

(24) Issue orders and search warrants authorizing civil administrative and

other examinations, inspections, searches, and seizures as permitted by law.

(25) Conduct felony guilty plea proceedings pursuant to Rule 11, Federal

Rules of Criminal Procedure upon referral of such proceedings by a District Judge with

the consent of the parties, or upon the filing of an information prior to assignment of a

District Judge after waiver of indictment in open court before a Magistrate Judge in

compliance with Rule 7(b), Federal Rules of Criminal Procedure, with the express written

consent of the parties. The Magistrate Judge shall make findings with respect to the

voluntariness of the plea and the defendant's understanding of other matters as required

by Rule 11(b), Federal Rules of Criminal Procedure, the presence of a factual basis for

the plea, and shall make a recommendation whether the guilty plea should be accepted by

the District Judge.

(26) Issue orders upon appropriate application for access to sealed

records pursuant to LRCrim 49.6.

(27) Perform such additional duties as are not inconsistent with the

Constitution and laws of the United States as may be assigned by the Court pursuant to

28 U.S.C. § 636(b).

(e) Waiver of Appearance. A person who is charged with a misdemeanor, as

defined in 18 U.S.C. 3559(a)(6)-(9), may, in lieu of appearance, post collateral in the

amount indicated by the offense, waive appearance before a Magistrate Judge, and

consent to forfeiture of collateral to the United States.

(f) Amount of Collateral Set. A Schedule of Collateral for all violations

signed by this Court shall be maintained in the office of the Clerk of the Court in Phoenix

and Tucson, and the office of each Magistrate Judge. The Schedule shall be available for

examination by the public upon request. Schedules may be amended from time to time by

order of the Court. The Magistrate Judge may increase or decrease the amount of

collateral, but if increased, the collateral may not exceed the maximum fine which could

be imposed upon conviction.

(g) Violation of Release. Nothing contained in paragraph (e), of this Local

Rule, shall prohibit a law enforcement officer from arresting any person for the

commission of any offense, including any offense for which collateral may be posted and

forfeited. Upon such arrest, a law enforcement officer shall take without unnecessary

delay the arrested person before a Magistrate Judge, or require the person charged to

make a mandatory appearance before a Magistrate Judge. In the event a Magistrate Judge

is not readily available, an arrested person may post bail in the amount set for the offense

in the Schedule of Collateral or if no amount is set then five hundred dollars ($500.00),

unless the person is taken without unnecessary delay before a state or local judicial

officer authorized by the 18 U.S.C. 3041, who may then set bail and/or other conditions

of release, if appropriate, pursuant 18 U.S.C. 3142.

Provenance

Source
www.azd.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-18
Content hash
dd7b77adde41030900046a76f7010afe0a16c31bf2279b4d949933601ae21b8d
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