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D.C.COLO.LCrR 57.1

General Authority and Duties of a Magistrate Judge

activein force · 2026-03-04 – presentact-effective-date

(a) General Authority. Except as restricted by these rules, a magistrate judge may

exercise all powers and duties authorized by federal statutes, regulations, and

the Federal Rules of Criminal Procedure.

(b) Duties. A magistrate judge may:

(1) authorize the installation and use of a pen register or a trap and trace

device under 18 U.S.C. §§ 3122-23, and direct the furnishing of

information, facilities, and technical assistance necessary to accomplish

the installation of the pen register or trap and trace device;

(2) issue search warrants;

(3) accept criminal complaints and issue or quash arrest warrants or

summonses;

(4) accept waivers of indictment under Fed. R. Crim. P. 7(b);

(5) receive the return of indictments by the grand jury and issue arrest

warrants or summonses when necessary for the defendants named in the

indictments;

(6) restrict and grant access to an indictment;

(7) conduct preliminary proceedings incident to transfer cases under Fed. R.

Crim. P. 20;

(8) exercise powers and duties necessary to extradite fugitives under 18

U.S.C. §§ 3181-96;

(9) conduct hearings and issue orders under the Bail Reform Act of 1984, 18

U.S.C. §§ 3141-56;

(10) forfeit bond when a defendant fails to appear in proceedings scheduled

before the magistrate judge;

(11) set bond for material witnesses;

(12) conduct arraignments by taking and entering pleas and when necessary,

make findings affecting speedy trial considerations under the Speedy Trial

Act of 1974, 18 U.S.C. §§ 3161-74;

(13) direct the United States Marshal to arrange for payment of expenses for

basic transportation and subsistence for a defendant financially unable to

bear the costs of travel to required court appearances;

(14) issue subpoenas and writs of habeas corpus ad testificandum and

prosequendum or other orders necessary to obtain the presence of

parties, witnesses, or evidence;

(15) conduct non-jury trials in cases involving petty offenses or misdemeanors;

(16) conduct jury trials in cases involving misdemeanors under 18 U.S.C. §

3401(a);

(17) direct the probation office to conduct presentence investigations in cases

involving misdemeanors;

(18) perform the functions specified in 18 U.S.C. §§ 4107, 4108, and 4109

regarding proceedings for verification of consent by offenders to transfer

to or from the United States, including the appointment of counsel;

(19) appoint counsel for a person subject to revocation of probation, parole, or

supervised release; a person in custody as a material witness; a person

seeking relief under 28 U.S.C. §§ 2241, 2254, or 2255 or 18 U.S.C. §

4245; or a person for whom the Sixth Amendment to the United States

Constitution or federal law requires the appointment of counsel;

(20) conduct preliminary hearings;

(21) exercise contempt authority as authorized by law;

(22) preside over cases involving petty offenses or misdemeanors brought

against juvenile defendants as authorized by law;

(23) act on post judgment matters as authorized by law;

(24) order psychiatric or psychological examinations and reports under 18

U.S.C. §§ 3552(c), 4241(b), 4244(b), 4245(b) and/or 4246(b);

(25) conduct hearings and make recommendations to district judges

concerning competency of defendants to stand trial;

(26) conduct hearings and make recommendations to district judges on

motions to suppress statements or evidence;

(27) issue orders on motions to treat a document as a highly sensitive

document; and

(28) issue other orders as authorized by law.

Provenance

Source
www.cod.uscourts.gov
Retrieved
2026-09-18
Edition
fed-district-2026-09-18
Content hash
9a6491da93b772ad71e32116c0b4aa5892c5feecf675ef2ff62ba6ee910f3902
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