US · rules
W.D. Mich. LCrR 11.1
Taking of guilty pleas in felony prosecutions; magistrate judge consent
With the consent
of the district judge to whom the case is assigned, a magistrate judge may preside over the taking
of guilty pleas in felony matters pursuant to Rule 11 of the Federal Rules of Criminal Procedure
in the circumstances below.
(a) The magistrate judge shall explain to the defendant that he or she has the right to
have all proceedings, including the plea hearing, conducted by a district judge. The
magistrate judge shall not proceed unless the defendant, defendant's attorney, and
the attorney for the government all consent in writing and on the record to allow
the magistrate judge to preside over the guilty plea proceedings.
(b) If the parties consent to allow the magistrate judge to preside over the guilty plea
proceeding, the magistrate judge shall conduct guilty plea proceedings, personally
and in open court, following the procedures set forth in Rule 11 of the Federal Rules
of Criminal Procedure. The magistrate judge shall set forth on the record findings
concerning the knowing and voluntary nature of the guilty plea, the adequacy of
the factual basis for the plea, and any other relevant matter. If satisfied that all
requirements of law have been met, the magistrate judge shall recommend to the
district judge that the plea be accepted and order the preparation of a presentence
investigation report. The magistrate judge shall inquire concerning the existence of
a plea agreement but shall not accept or reject any such agreement, but shall
specifically reserve acceptance of the plea agreement to the district judge.
Provenance
- Source
- www.miwd.uscourts.gov
- Retrieved
- 2026-09-18
- Edition
- fed-district-2026-09-19
- Content hash
e20248fbd587c5104da912df75d81a2049a51e3253c65f01875ba654d7e7c96f
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