 Welcome, and congratulations on your new appointment. Like most new magistrate judges, you've probably got a lot of questions, not only about your new judicial responsibilities, but about your administrative duties as well. You may be wondering when you'll be able to hire a secretary or law clerk, how you and your staff will be compensated, when you'll be able to order office equipment and supplies, or whether you can attend an upcoming judicial training seminar. Well these and other administrative questions will be answered in this program. We recognize that the particular duties you'll assume may vary from other districts. However, you should find the topics we'll discuss of interest and concern to you, regardless of whether your work concentrates on criminal or civil matters, or a mixture of both. Before we begin our discussion, I'd like to acquaint you with two federal agencies you'll come to know very well. They are the Federal Judicial Center and the Administrative Office of the United States Courts. Both agencies have a wealth of resources available to magistrate judges. The Federal Judicial Center's Judicial Education Division conducts periodic training programs and seminars for both full-time and part-time magistrate judges. The Center also has a substantial number of publications, recordings, and other materials available to magistrate judges in the performance of their duties. The Administrative Office's Magistrate Judges Division is the main source of information on the magistrate judge's system. The division provides advice and assistance to magistrate judges, oversees the day-to-day administration of the federal magistrate system, and administers the appointment, reappointment, and recall of full and part-time magistrate judges. It also provides recommendations concerning the number of magistrate judge positions, their respective salaries and locations, and other educational training and administrative assistance. We'd like to remind you that most of the information covered in this program is contained in Volume 9 of the Guide to Judiciary Policies and Procedures, also referred to as the Magistrate Judges Manual, and in the Legal Manual for United States Magistrate Judges, both of which you'll receive from the AO. Also, many of the topics we'll cover are not only subject to budgetary constraints, but technological improvements as well. Therefore, we recommend that you consult the manuals or contact the AO's Magistrate Judges Division if you have any additional questions or need guidance in these or other areas. With me today to talk about the administrative issues that pertain to you and your staffs are Charles F. Hicks, Chief of the Administrative Branch of the Administrative Office's Magistrate Judges Division, Judge Nancy Stein Novak, United States Magistrate Judge for the Western District of Texas, and Thomas C. Natowski, Chief of the Administrative Office's Magistrate Judge Division. Thank you all for joining us. Let's begin by talking about a topic most magistrate judges will be concerned with following their appointment, training. This program is one example of the training put on by the Federal Judicial Center. To assist the Center in planning its educational programs for magistrate judges, a committee composed of full-time and part-time magistrate judges was established. In addition to the videos, there is a week-long in-person orientation and training session for new magistrate judges and annually a three-day regional workshop for both full-time and part-time magistrate judges. Also the committee has developed a checklist of recommended operating procedures for part-time magistrate judges. Tom, can you tell us about some of the materials and services that are available from the AO? Well, one of the functions of the Magistrate Judges Division is to serve as a clearing house of information for magistrate judges. We are available to assist new magistrate judges with the administrative details of setting up their offices. We also provide all magistrate judges with various materials to assist them with their responsibilities. You've mentioned a few of these, the legal manual, which is basically a resource tool that will assist magistrate judges with their judicial responsibilities, the Magistrate Judges Manual, which deals with the administrative aspects of being a magistrate judge. The Magistrate Judges Manual is a volume of the Guide to Judiciary Policies and Procedures, which is a multi-volume set dealing with all aspects of federal judicial administration. The Magistrate Judges are provided with the Magistrate Judges Manual and other volumes of the Guide to Judiciary Policies and Procedures. We also provide new Magistrate Judges with a pamphlet dealing with retirement benefits for Magistrate Judges and bankruptcy judges, and this is very helpful to them in trying to make decisions on their future and for making timely decisions on judicial survivor annuities. We also provide various other information to advise Magistrate Judges of recent articles and cases, and we provide a duty attorney who is available, is on call for all Magistrate Judges, to respond to any question, whether it be legal or administrative. For the new Magistrate Judges, how soon after their appointment will they be receiving some of these materials? Well, what we try to do is actually send the material as soon as they are selected by the court while they are undergoing the background investigation. We try to mail that material to them then so it's in advance of their appointment date. We all come to the bench under different circumstances. Unfortunately, some of us must take the bench immediately after our appointment, having had very little time to review the AO materials that Tom has mentioned. Nancy, what advice can you give to Magistrate Judges who have to start off in this position? Well, I would recommend to new Magistrate Judges that they focus in on the procedures that are applicable to the initial presentation of criminal matters, whether they be felony or misdemeanor or petty offense type cases, as well as the procedures and the law that's applicable to the presentation and approval of search warrants and seizure warrants. Good resources to consult in this regard would be the Federal Rules of Criminal Procedure, of course, as well as the Magistrate Judges' legal manual that Tom mentioned earlier. I also found that reviewing the Administrative Office's form manual helped me become familiar with the kinds of documents that I would be seeing immediately upon taking office. Now, part-time Magistrate Judges are going to have to become familiar not only with this body of material, but I would also suggest that they take a look very early on at the general expectations for part-time Magistrate Judges that were adopted by the Judicial Conference of the United States. These expectations address such matters such as attendance at training seminars sponsored by the Federal Judicial Center, as well as responsibilities of part-time Magistrates to keep abreast of changes in the law and procedure and administrative matters as they come to their attention. Those expectations also address the matter of backup duty. I note that these expectations apply only to the part-time Magistrate Judges who are in the higher salary levels. However, all part-time Magistrate Judges are encouraged to comply with those expectations to the extent that's practicable in their situation. Judicial training programs often require us to travel to distant locations or training sites, at least someplace not at our duty station. Charles, why don't you review some of the guidelines for travel with us? Magistrate Judges travel generally under the same rules that apply to Article 3 judges and those procedures are outlined exhaustively in the Judges Manual, Volume 3 of the Guide to Judiciary Policy and Procedures. The Clerk of Court maintains an account of funds to reimburse judges for their travel. In addition, generally a person on the staff will manage travel for the Judicial Officer. It is not necessary that they obtain advance approval for travel to court sessions or to hearings, or there are certain local procedures in courts that require advance approval of travel by the Chief Judge. One thing that they need to bear in mind with respect to travel to FJC sponsored sessions and that is that advance approval of travel is required from the FJC before beginning travel. Nancy, you mentioned the Judicial Conferences list of expectations and within that was this phrase referred to as backup duty for part-time magistrate judges. And I know this would vary from district to district, but how did this operate in your district? Well, the concept of backup duty has to do with one magistrate judge being available when another magistrate judge is away from their duty station either because of attendance at Federal Judicial Center functions, training seminars, possibly judicial conferences and even personal vacations. And within our district, a part-time magistrate judge would agree to become available or be available for the inevitable and the unexpected criminal matters that come up when another is away from their duty station. But the concept would apply to both full-timers as well as part-timers. In other judicial districts, backup duty is coordinated with either the Chief Judge of the district or the Chief or Presiding Magistrate Judge for that district. Returning to my point that you had asked me about earlier, Erin, and having to do with the matters that a new magistrate judge needs to focus on very early, I would suggest that new magistrate judges right away contact the various Federal agencies with whom they'll be dealing. Those would include the United States Attorney's Office, the United States Marshals Office, the Probation Office for their district, certainly the clerk of court for that district, as well as the deputy in charge of the divisional office in which they sit if they're located at a court point away from the main court point for that district. Also the Pretrial Services Office and the Federal Public Defender's Office. Section 635 and 638 of Title 28 state that full-time magistrate judges are to be provided with necessary secretarial and research staff. What personnel resources are considered necessary for full-time magistrate judges and how do they differ for part-time magistrate judges? Who wants to handle that one? I'll take that, Judge. Full-time magistrate judges are allotted secretary and either a law clerk or a clerical assistant. Usually a law clerk is assigned because of the nature of that particular magistrate judge's duty. In addition, the staff of the clerk of court is given one clerical assistant position and one fractional credit for an electronic court recorder operator. What about training for staff people for the magistrate judges? Is there any training available? For the staff of the magistrate judge, training can be obtained through the office of the clerk of court because they are court personnel and generally that is managed by the training coordinator in the district clerk's office. So Tom, then the courtroom deputy that we've heard referred to is really not a part of the magistrate judge's staff? Right, that person would work directly for the clerk of court and the clerk is responsible for providing courtroom deputy support to the magistrate judge. But the magistrate has chamber of staff consisting of just the law clerk and secretary. And the training for courtroom deputy would be handled by the clerk of court and any other training might be provided locally through a law clerk training program that might be available generally throughout the court. Erin, I would just add that part-timers are allowed to hire and be reimbursed for secretarial and courtroom deputy assistants. They're not authorized reimbursement for hiring of a law clerk. And these reimbursement questions are addressed in some of the manuals that we've talked about earlier and questions concerning what reimbursement possibilities are available can always be addressed to the administrative office. Can a member of a part-time judge's staff be sworn in then as a deputy clerk or at least assume that function and be able to swear in witnesses at a hearing or accept pleadings? There is a procedure to do that, but since there are questions of liability involved for either the court or for the federal government, we recommend that anyone contemplating that action be sure to contact the magistrate judge's division before embarking on it. And there is also as far as a new part-time magistrate judge, it's very helpful and funds can be made available to have a part-time magistrate judge's staff visit the clerk's office to receive some training from the clerk of court on proper paperwork procedures. And there is money available for that purpose. And do they contact the administrative office to find out about that? Yes. And I think it's very helpful for the court because that way it gets them familiar with all the forms that are necessary and what has to be reported to the administrative office and what is reported to the clerk's office. That's a good point. And speaking of staff, it's inevitable that at one time or another a magistrate judge will require temporary assistance. For instance, the court may have a tremendous backlog of cases or a staff member may become ill. I'm wondering what type of emergency assistance is available in a situation like this. Can the judge just pick up the telephone, call the temporary help agency and say, send over a secretary? What about that, Charles? Probably not. But generally that is managed differently from court to court. For short-term absences, I would expect that the court might cover that by temporary assignment from the staffs of other magistrate judges or article three judges in the court or from the staff of the clerk's office. For longer-term absences, particularly that of a law clerk, in the instance that you describe where additional help might be needed because of an increased workload, the circuit executive maintains a fund for temporary emergency law clerk assistance. And the circuit executive should be contacted for that kind of help. I know that I've found when I change law clerk positions, when one law clerk leaves and another comes in, there is a provision for an overlapping of law clerks. I think it's for a short-term period, but at least then the new law clerk can learn from the old. Yes, that is correct. A period of up to two weeks of overlap is allowed. In order to do that, the magistrate judge needs to contact the magistrate judges division and we'll take care of the necessary paperwork for that. For any term, longer than two weeks, it would be necessary to contact the circuit executive and see if funds are available for a longer term. Nancy, I'd like to return to the point you made earlier regarding the new magistrate judges immediately should familiarize themselves with certain procedures. I find this is true no matter how long you've been on board that I develop certain checklists for procedures, even though I've done it a thousand times. Would you recommend that this is a good idea? Absolutely. I would recommend that a new magistrate judge accumulate whatever scripts and checklists might be used by the other magistrate judges in their district and their division. I would also recommend that if they have the time and it's possible to sit in on some proceedings, initial criminal proceedings that are being conducted by other magistrate judges in the district. I think that scripts are particularly helpful for the kinds of routine proceedings that magistrate judges are going to be handling. The criminal matters such as initial appearances, various forms of initial appearances, especially important in the rule 11, that is when a magistrate judge takes a guilty plea in a misdemeanor or petty offense case. You want to have a script in front of you so that you don't forget any of the necessary advisories and warnings and waivers that you need to obtain from the defendants. Yes, it's so very crucial I've found in developing a script, for example, in a conflict of interest inquiry under rule 44C. Tom, some of these scripts or checklists can be found in the manual, can't they? Yes, each chapter of the legal manual that deals with the type of magistrate judge proceeding has a checklist for the magistrate judge to follow, and that's a good starting point. Many magistrate judges will use that and maybe work in some local procedures into the checklist provided by the administrative office. Let's talk for a minute about some of the reporting requirements for magistrate judges. For those that are becoming full-time and have left private practice, you're no longer going to have to keep your time sheets, but don't worry, we've got some reporting requirements for you known as the JS43 report. That summarizes your official proceedings and cases completed during the proceeding month. Tom, when we fill out these sheets we'd like to think or like to believe that they serve some useful information, useful purpose, and I'm sure they do. Why don't you tell us what that is? Well first of all I guess we use the JS43 monthly report to compile statistics that are published annually in the report of the director. In addition to that, the magistrate judge statistics are used to assess the utilization of magistrate judges in each individual district court. In addition, for part-time magistrate judges, the statistics are used to determine the salary and other arrangements for the part-time magistrate judge. Erin, I would just note that a part-time magistrate judge is not going to be able to escape the kinds of billing requirements that they might have used in private practice in that a part-timer is going to be asked to account not only for the activities that they're performing on behalf of the government every month, but also to report the amount of time that their judicial and governmental responsibilities are taking up. And they're going to need to segregate the time that's taken up for administrative matters separate from the time that they devote to the cases that are before them. I found it very helpful upon assuming office to coordinate with my secretary who also served as my courtroom deputy while I was a part-time magistrate judge as far as what she would do every month to keep track of the daily activities that we were performing and what I would be keeping track of. And certainly a full-timer needs to coordinate with the clerk of court and what responsibilities the courtroom deputy will be assuming in that regard. I would also suggest to an incoming magistrate judge whether they're full-time or part-time that they keep chronological files of all their criminal and their civil work. I found that to be very helpful to go back and double-check at the end of every month what kinds of activities I'd been performing on behalf of the government during that reporting period. I think awareness of what's required on the JS 43 form and advance planning is the key. I found that true in my office that we all have our assigned duties of who's going to keep what record so that when the time comes for filling out the report they're all there and we don't have to start ripping our hair out or going through calendars and saying well what did we do this month I know I've been busy but where's the record of it. Right. We mentioned earlier the electronic court recording equipment that magistrate judges use. Occasionally there's a request to transcribe court proceedings. Now for a full-timer this should be relatively easy. I'm not so sure what happens when a part-timer with very limited resources is asked to transcribe a hearing. What does the judge do in such a situation? The judge should contact the clerk of the district court and arrange for transcription services. If there's any question about that the court administration division at the administrative office is the point of contact for all matters involving court recording and court reporters. Nancy do you find that almost all of your hearings are now done or recorded electronically? That's correct. In our district we have very few full-time live court reporters and certainly all the magistrate judges in our district rely on electronic recording equipment to record our proceedings in court and occasionally we do have transcript requests for our detention hearings and other matters that we would be holding for the district court. I'd like to return to a point you made earlier about developing a good relationship with federal agents and local bar and others because I know that depending on the magistrate judge's location here she may come into quite a deal of contact with FBI, park rangers, coast guard officials or what have you. What would you recommend or what advice can you give on developing this relationship? Well I would emphasize that first of all for part-timers part-timers are not going to be provided necessarily with courtroom space to conduct their proceedings, their hearings. They're going to have to locate space with the help of their clerk of court that's suitable for hearings and sometimes it becomes necessary to call upon the good graces of the state court officials in your locale and use either county court or municipal court facilities. Part-timers might also find that there are facilities available at local military installations or at national park service installations. Also some part-timers use facilities that have been made available to the bankruptcy court on an occasional basis so keeping good relations with all of these different agencies and entities is very important so that you have a place to hold court. But beyond that whether you're full or part-time I would suggest that a new magistrate judge have good relations first of all with United States Marshall. They're not only going to be providing security for you but they're going to be holding the prisoners that you remand to their custody at the conclusion of initial criminal proceedings and so it's very important to find out where those detention facilities are and what kinds of procedures are in place for processing someone who posts bond should you be setting bond in an initial criminal case. I would also suggest that a new magistrate judge find out from the clerk of court whether there is a list of defense counsel that's available for appointment as attorneys to indigent criminals under the criminal justice act that's a very important list to obtain or else to accumulate immediately upon taking office. And I would also emphasize that a new magistrate judge should always remember that they're working in conjunction with a number of other federal agencies and stay in touch with and keep federal agencies that you're working with apprised of your operating procedures. How you want things done in court or solicit their opinions about the best way to hold your proceedings about time or procedures. These agencies would include the pretrial services office, your local law enforcement, federal law enforcement agencies as well as the U.S. attorney's office and the probation office. We're talking about those operating procedures in the other videos in this series on issuing of a criminal complaint, arrest warrant and search warrant and even the one on the detention hearings and initial appearances. One of the things that was stressed is that the magistrate judge should develop operating procedures and that agencies like the FBI and other law enforcement agencies and the U.S. attorney's office is well aware of those procedures so that everything works efficiently and is coordinated. That's right. I think most problems come about because of the lack of communication and assumptions that we all make that the various law enforcement agencies that are going to be bringing work our way know what our procedures are and whenever we change them and it's a good idea to all the men bring them in together once every while and certainly if a problem develops and make sure everyone understands what you're expecting of them. Let's now turn to another important topic, a very important topic, compensation for magistrate judges. I know we usually do this job because we love it but compensation doesn't hurt. Tom, why don't you tell us how our salaries are determined? Yes, the salary for full-time magistrate judges are said at a level not to exceed 92% of the salary of a district court judge. By standing resolution of the Judicial Conference they have determined to set the magistrate judge's salary at the maximum salary level. Part-time magistrate judges can receive a salary up to a maximum level of one half the salary payable to a full-time magistrate judge. Under these provisions the Judicial Conference has established an eight-level salary structure for part-time magistrate judges. Each part-time magistrate judge is reviewed individually to determine where it will be placed in the salary structure. The Judicial Conference takes into account the workload of the position, both the volume and the nature of the duties performed by the magistrate judge in setting the salary level. Now the reason for the importance of that JS 43 form. Yes it is, very much so. What about the staffs of the full-time magistrate judge? If you have a secretary and a law clerk, can I pay him whatever I want or how are their salaries set? I know you can't. There's a salary structure established by the Judicial Conference and there are certain limits and various grade levels for both secretaries and law clerks. Now before a magistrate judge would offer a job to the position to either a secretary or a law clerk they should consult with the human resources division of the administrative office to determine based on the qualifications of the individual where they would be placed in the salary structure. Another matter of concern to all magistrate judges is courtroom, office space and furnishings. Part-time magistrate judges make their own arrangements for office space and furnishings. Charles for full-timers, how is office space determined and how do we go about getting our furniture? The clerk of court is the point of contact within the court for arranging for office space and for furniture for the incoming magistrate judge. The standards for courtrooms in office space are set forth in the U.S. court's design guide and that is approved by the Judicial Conference. There are contact points at the administrative office. The space and facilities division will address any alteration that is necessary to court space. But again, the clerk of court is the best contact point for space for the new magistrate judge. How about the other things that we need to run in office like word processors, computers, copiers and the like? Yes. An allocation is made for this kind of equipment to provide that for the staff of the magistrate judge with respect to purchase of copiers or other kinds of specialized equipment. It may be necessary to contact the administrative office because there are certain standards that have to be adhered to prior to purchase of that kind of equipment. Nancy, what does a part-timer go through or what process for getting the computers and that type of equipment? Well, first of all, addressing the space issues, part-time magistrate judges, as you said earlier, have to make their own arrangements for their office space, both for their chambers and where they're going to be holding court. I was fortunate enough in my situation to have space provided for me at the federal courthouse. And I had both the chambers as well as a small courtroom. I was also able to inherit a typewriter, a desk, a couple of desks, and some chairs. However, it was necessary for me to purchase and we're processing equipment or computer equipment. And I was able to purchase that equipment myself and then request reimbursement from the government over a term of years for that equipment. For this reimbursement and equipment, is there any problem arises for a part-timer who might use, say, the computer just for judicial activities as opposed to the part-timer that uses it for judicial activities and also for the regular office work? There's a schedule in Volume 9 of the Guide to Judiciary Policies and Procedures that explains in detail just how that is to be done. But in short, it is possible to obtain reimbursement for the fractional portion of the time that that equipment is used by the part-time magistrate judge for completion of his official duties. Tom, what about the part-timer in purchasing equipment? Is he or she able to take advantage of government purchases and contracts and avoid sales tax? No, the part-time magistrate judge is not because they are not purchasing the equipment for the government. So they have to pay the sales tax. It is a private purchase. For the full-timers, though, the equipment is purchased, as we've just mentioned. And I know that the computers and the automation really makes our job more efficient. But how do you meet the needs of the individual magistrate judge? Well, generally speaking, each magistrate judge is provided with a personal computer for the magistrate judge, for the secretary, and for the law clerk. And there are a number of initiatives under way in which we're trying to determine and address the automation needs of magistrate judges, basically trying to use automation to make their job easier, particularly with the administrative aspects of the job. Along these lines, the administrative office, the magistrate judge's division in particular, periodically visits district courts and has an opportunity to sit down with magistrate judges and their staff to find out what they're doing with automation, what their needs are. We have a clearinghouse in the administrative office to share various automation ideas. And that's available to, by dial-in access, we get to share information that's been proven and used in other courts. And then nationwide, the administrative office has established a formal mechanism to involve users in the planning and implementation of automation. What about training? Can the magistrate judge or any member of his or her staff be trained in the use of the computers and the computer-assisted legal research? Well, locally, there should be programs available, maybe through the clerk's office, to provide for computer-assisted legal research, which is really through the librarian, either the district or the circuit, and for things like word-perfect training. Beyond that, there is a training program that is designed for judges. However, the limited availability of funds may really, in the future, preclude the use of that program for training for judges. So I think basically what you should do as a magistrate judge is contact your clerk of court to find out what is available locally. I think it also helps, at least for those of you that are the school that I am, that when computers are something out of science fiction, and have to be spoon-fed, it does help to have a law clerk that is familiar with the computer-assisted legal research. Have you found that to be true, Nancy? I believe that is true, and if, in the rare instance, you have a law clerk who isn't up to speed on West Law or Lexis, or any of the other computer-assisted legal research programs, training can be provided, both to the new magistrate judge as well as to the law clerk by contacting your local librarian, your courthouse librarian, or your circuit librarian, if one's not available there at your court point. And part-time magistrate judges also may participate in computer-assisted legal research. We do not provide any automation equipment for that purpose, but if they have their own computers, then they just need to contact the circuit librarian to set up procedures for them gaining access to computer-assisted legal research that is paid for by the judiciary for their official duties. Well, even though there's computers for this and computers for that, there's still something known as law books, law books, and slip opinions, and caliphones, and fax machines. Charles, we didn't mention that. How does the magistrate judge go about getting those items? For full-time magistrate judges in court space, telephones are provided as a matter, of course. As are fax machines, copiers, and other kinds of necessary office equipment. I think we touched on earlier the fact that that kind of equipment is not purchased for part-time magistrate judges, but there are means that they can get that and get some of the costs compensated. Tom mentioned that computer-assisted legal research is now available to part-time magistrate judges who have the equipment, and that is a change from our past procedure. Tom, would it just be a good suggestion for the magistrate judge to look at the magistrate's manual to see what's permissible and what isn't, what you're allowed and what you're not? Yes, that's certainly the case, and all these things that we're talking about are provided for in the various manuals. Sometimes I think, though, that the magistrate judge's division is a good guide to the manuals and to direct your attention to certain provisions, but it is all there, and really, I think if you can take the time to go through that, you can learn an awful lot. We were talking about part-time magistrates being reimbursed. Does it ever happen that a part-time magistrate will overrun his or her budget before the year is over? Yes, that does happen, and there are provisions for that. Part-time magistrate judge should not overspend the budget provided to them, but if they are in danger of doing that because of workload increases, then they just need to contact the clerk of court, and the clerk of court will write to the administrative office setting forth a justification for a supplemental allocation. And it might be useful to note also for the new part-timer that they will be assigned a budget for both their salary expenses and a separate budget for their consumable items at the beginning of every fiscal year. That budget will either come through the clerk of court or through the administrative office. The consumable budget, the budget that's attributable to the office supplies, the paper, the pencils, the telephone expenses, the copying charges, that budget is going to be limited to 10% of the part-time magistrate's annual salary. All of us have to make decisions that are unfavorable to one party or another or unpopular with a certain segment of society. And in the wake of growing threats by disgruntled litigants and others, I think we have to take into consideration the safety of ourselves and our staffs. I thought the catch word early was, speak softly and carry a big gavel, but I hope that there is more security than that available. Well, there definitely is, especially to the magistrate judge that's in a location where there is an established United States Marshall. Most locations, the United States Marshall is going to be providing security either through the deputy U.S. Marshals or through court security officers. A new magistrate judge, whether they're full-time or part-time, I would recommend sit down with their United States Marshall very early on and determine what kinds of security is going to be provided to them in their chambers and in the courtroom. A part-time magistrate judge that's in a location away from an established U.S. Marshall point may have to rely on local law enforcement officials or other federal agencies to provide security for them for their courtrooms. But I have found that the U.S. Marshall is the best point of contact in order to make sure that all of these matters are coordinated far in advance of there being any problem. Another thing we should be sure to recommend to new magistrate judges is to review the requirements of the Code of Conduct and the Ethics Reform Act. Now, Nancy, what advice do you have for new magistrates coming on board so they can familiarize themselves with these acts? Well, I would suggest that at their earliest opportunity that they review the volumes that you've just mentioned in detail, as well as a chapter of the magistrate judges manual. It also addresses this problem of this issue of conduct. Issues such as gift-giving, acceptance of honoraria, political activity, these kinds of things are going to be discussed and in the Guide to Judiciary Policies, there is a section that is almost a question and answer. It's extremely helpful to someone coming on board as far as deciding what kind of conduct is now permissible of them now that they're a judicial officer. Can you give any examples of these things you've just mentioned? Well, for instance, on the subject of gift-giving, one you will find, a new magistrate judge will find upon examination of these Codes of Conduct that while gift-giving among staff and friends and associates at traditional gift-giving times is permissible, that gift-giving in other times is not permitted and certainly gift-giving among parties who are currently appearing in your court or for whom there is an expectation of appearance, these kinds of things are prohibited. It's also prohibited for a magistrate judge to obtain a loan on other than normal terms. Political activity of magistrate judges is precluded. That is that a magistrate judge cannot assume a leadership role in a political organization nor can they attend functions, gatherings or speak at these gatherings nor can they solicit contributions or even offer contributions themselves to political organizations. The Code of Conduct also addresses the subject of the permissible use of office space for non-judicial functions as well as the length of time a magistrate judge must wait before they can hear matters involving their prior law partners and associates. It also addresses the subject of an assisted United States attorney and how long that person must wait before they can handle matters involving the United States attorney's office. I know that there are these many situations that can be a trap for the unwary. So the key thing here is to review that Code of Conduct in the Ethics Act to make sure that some things which you might think are perfectly innocuous could get you into a difficult situation if you aren't aware of it. Absolutely. Let's talk for a moment about the reappointment process. Gee, you've just come on board and we're talking about reappointment. We know you'll love this job so much you'll wanna continue. As you near the end of your first term you have to decide whether or not you wanna be considered for reappointment. Tom, why don't you tell us something about that reappointment process? Well, the magistrate judge's division will notify the district court about a year prior to the expiration of the term of office of every magistrate judge. Let them know that the term is due to expire and to set off the procedures for the reappointment of the magistrate judge. The first thing that happens is the district judges are supposed to get together and decide among themselves whether or not they wish to consider the reappointment of the incumbent. If they decide not to reappoint then they would notify the incumbent and then proceed with the advertising for a new magistrate judge. In most cases, however, they would decide to reappoint the incumbent and then it would under the regulations provided by the judicial conference they would advertise that they are considering the reappointment of the incumbent. They invite public comment and they set up a merit selection panel that would review the comments received and also consider the past performance of the incumbent and make a recommendation to the district judges as to the reappointment of the incumbent. Then the judges would be free to reappoint the incumbent at that point and the new term starts the next day. And Erin, I might also note that there is a possibility of a magistrate judge upon retirement being recalled for performing additional judicial responsibilities on behalf of their court. Listen to us talking about retirement and you've just come on board. I guess that means we must have reached the end of our program. Unfortunately, we weren't able to address all of the administrative matters that pertain to magistrate judges and their staff. However, I believe we've covered some of the most important ones. Before we close, are there any other matters that you might have that would be helpful to magistrate judges coming on board? I would just like to repeat the availability of the magistrate judges division to handle any aspect, any question on any aspect of the magistrate judges system. We're there to respond to questions from the magistrate judge and from members of the magistrate judges staff as well as the clerk of court and district judges. We are the guide to the, we are a magistrate judges guide to the guide to judiciary policies and procedures. And we're also a point of contact for anyone in the administrative office. You've heard some other divisions mentioned here and really what we do, we pride ourselves on being a resource for magistrate judges and all you need to do as a judge is to contact us and we can see that your questions are answered by the, or directed to the proper people for an answer. And I would emphasize to a new magistrate judge that they contact right away that presiding magistrate judge or chief magistrate judge for their district if there is one. And if not contact the other experience magistrate judges in your district. Get a feel for how they're handling procedures and the kinds of problems that you can expect to come up early on upon assuming office. And I would also emphasize just what Tom has said. I have always found the administrative office to be extremely helpful to a magistrate judge that maybe finds that their particular problems in their division are unique. The administrative office can always put a new magistrate judge in touch with other magistrate judges from across the country that share similar kinds of dockets and similar kinds of problems. I would also suggest to a new magistrate judge that they not forget that they're still a member of the legal profession, continue to participate in bar related functions, participate in the training seminars that may be sponsored by the local law enforcement agencies. Emphasizing of course that part-time magistrate judges need to be careful that whatever kinds of activities that they're involved in that they not suggest that their private practice is being promoted by their involvement in these bar related functions. This brings our discussion to a close and I would like to thank our panel of experts, Charles Hicks, Judge Nancy Steinowak, and Tom Natowski. I know that we have not answered all of your questions such as where do you get a robe and is a gavel necessary? But remember that the staffs of the Magistrate Judges Division and the Federal Judicial Center are available to answer any inquiry you may have. At least they will try. Finally, let me say that during my years on the bench, I can attest to the fact that there is a great deal of collegiality within the ranks of the magistrate judges on an individual basis and through the Federal Magistrate Judges Association. This gives you another valuable source of information and experience. All you have to do is pick up the phone and call. We wish you much satisfaction and success in your new career as a Magistrate Judge.