D. Utah DUCrimR 57-9

(a) Authority in Preliminary Matters.

In addition to the duties authorized by statute and the Federal Rules of Criminal

Procedure, and unless the court orders otherwise, magistrate judges are

authorized to:

(1) administer oaths and affirmations;

(2) take acknowledgments, affidavits, and depositions;

(3) upon motion of the government, dismiss complaints in criminal

proceedings before indictment or the filing of an information;

(4) conduct detention hearings;

(5) issue subpoenas, writs of habeas corpus ad testificandum or habeas

corpus ad prosequendum, and other orders necessary to secure the

presence of parties, witnesses, or evidence for court proceedings;

(6) order the forfeiture or exoneration of bonds;

(7) issue warrants of removal;

(8) conduct hearings under Fed. R. Crim. P. 5, 5.1, and 20;

(9) set bail and appoint counsel, if appropriate, for material witnesses;

(10) issue the following investigative orders:

(A) authorizing the installation of devices (for example, a trap and trace

device or a pen register);

(B) directing a communication common carrier, as defined in 47 U.S.C.

§ 153(11), including a telephone company, to provide assistance to

a named federal investigative agency in accomplishing the

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

(C) directing a communication common carrier not to disclose the

existence of a summons or subpoena in a criminal or preliminary

matter;

(11) issue pre-indictment protective orders; and

(12) receive grand jury returns and conduct naturalization ceremonies.

(b) Authority in Pretrial Matters.

After an indictment or felony information has been filed and assigned to a district

judge under DUCrimR 57-2, magistrate judges are authorized to:

(1) conduct arraignments and initial appearances;

(2) accept pleas of not guilty;

(3) order presentence reports;

(4) hear and rule on motions to modify bail and motions to modify conditions

of release;

(5) hear pretrial release and supervision violation petitions, authorize the

issuance of arrest warrants or summonses, and conduct pretrial release

revocation hearings;

(6) conduct scheduling hearings under Fed. R. Crim. P. 17.1; and

(7) accept a plea of guilty after receiving:

(A) an order of reference from the assigned district judge; and

(B) written consent of the parties.

(c) Authority Under Orders of Reference.

(1) After a district judge enters an order of reference under 28 U.S.C.

§ 636(b)(1)(A), magistrate judges are authorized to determine

nondispositive pretrial matters, manage the discovery process, and rule on

motions by attorneys appointed under the Criminal Justice Act for services

under that act, including appointment of experts and investigators.

(2) After a district judge enters an order of reference under 28 U.S.C.

§ 636(b)(1)(B), magistrate judges are authorized to:

(A) hear motions to dismiss or quash an indictment and motions to

suppress evidence; and

(B) file a Report and Recommendation.

(d) Authority in Misdemeanor Criminal Trials.

Magistrate judges may preside over the trial of persons accused of committing

misdemeanors within this district under 18 U.S.C. § 3401 and as otherwise

provided by statute. Magistrate judges may sentence persons convicted of

misdemeanors.

(e) Authority in Extradition Proceedings.

Unless a district judge orders otherwise, magistrate judges are authorized to

issue warrants and conduct extradition proceedings in accordance with 18 U.S.C.

§ 3184.

(f) Authority in Specialized Courts.

After a district judge enters an order of reference, or consistent with a sentencing

order, a magistrate judge may preside over specialized court proceedings. In

specialized courts, magistrate judges may address issues confronting offenders as

they return to their communities, including overseeing services that provide

diagnostic and risk assessments, education and job training, substance abuse

treatment, mental health treatment, and mentoring.