Miscellaneous Information: Click
on a topic for more information.
Transcripts Conflicts
of Interest Remittal of
Disqualification Notice
Concerning Waiver of Judicial Disqualification
Frequently Asked Questions
The Role of Magistrate Judges
Title and Manner of Addressing a United States Magistrate Judge
Notice of Availability of a U.S.
Magistrate Judge to Exercise Jurisdiction Return
to Judge Proud
Transcripts
Parties who wish to receive daily transcript of testimony
must make their own arrangements. Contact Keefe Reporting at
618-277-0190 for further information. Requests for transcripts
following trial also must be made directly to the court reporter.
It is helpful if, before trial begins, all parties provide to
the court reporter a list of all words, terms, technical terminology,
proper names, acronyms, and case citations that would not be
found in a generic dictionary.
Top of Page Return
to Judge Proud General Information
Pretrial Information Hearing
and Trial Information Miscellaneous Information
Conflicts of Interest
A judge shall disqualify himself in a proceeding in which
the judge’s impartiality might reasonably be questioned,
including where he has a financial interest in the subject matter
in controversy or a disqualifying relationship with a party
to the proceeding.
Any non-governmental corporate party to a proceeding must
file a statement identifying any parent corporations and any
publicly-held corporation that owns 10% or more of its shares.
The case caption must include all parties so that Judge Proud
may assess whether there is cause for disqualification.
Top of Page Return
to Judge Proud General Information
Pretrial Information Hearing
and Trial Information Miscellaneous Information
Remittal of Disqualification
A judge disqualified by the terms of Canon 3C(1), except in
the circumstances specifically set out in subsections (a) through
(e), may, instead of withdrawing from the proceeding, disclose
on the record the basis of disqualification. If the parties
and their lawyers after such disclosure and an opportunity to
confer outside of the presence of the judge, all agree in writing
or on the record that the judge should not be disqualified,
and the judge is then willing to participate, the judge may
participate in the proceeding. The agreement shall be incorporated
in the record of the proceeding. You may access the remittal
form by clicking on the following link: http://jnet.ao.dcn/library/guide/vol2/ch1.html
Top of Page Return
to Judge Proud General Information
Pretrial Information Hearing
and Trial Information Miscellaneous Information
NOTICE CONCERNING WAIVER OF JUDICIAL
DISQUALIFICATION
FROM:
The Clerk
Date_______________
TO:
XXXX (Counsel)
XXXX (Counsel)
XXXX
RE:
ABC v. DEF, Case No.
__________________
Canon 3D of the Code of Conduct provides (with exceptions not
pertinent to this case) that when a judge is disqualified in
a proceeding because "the judge's impartiality might reasonably
be questioned", the judge may participate in the proceeding
if all the parties and lawyers, after notice of the basis for
the disqualification, agree in writing to waive the disqualification
under a procedure independent of the judge's participation.
Unless a waiver is obtained from all parties and all counsel,
Judge ________________ intends to disqualify in this proceeding
because of these circumstances:
If you and your client(s) wish to waive the judge's disqualification,
letters to that effect from you and from your client(s) must
be sent to me within ______ days of the date of this Notice.
The letters should not be sent to the judge and copies should
not be sent to other counsel. If all parties and all counsel
submit such letters, this Notice and all responses will be made
part of the record, as required by Canon 3D, and the judge will
continue participation in the proceeding. If a waiver is not
received from all parties and all counsel, this Notice and any
responses will be kept under seal by the clerk and not shown
to the judge, nor will the judge be informed of the identity
of any party or lawyer who declined to waive the disqualification.
If the disqualification is not waived, the case will be reassigned
to another judge.
Top of Page Return
to Judge Proud General Information
Pretrial Information Hearing
and Trial Information Miscellaneous Information
Frequently Asked Questions
The magistrate judges in this district can try any civil case
upon consent of the parties and order the entry of final judgment.
There is no "magistrate court." Both district judges
and magistrate judges preside in United States district courts
created under Article III of the Constitution.
Answers to Some Commonly Asked Questions
Q. What's the difference between district and magistrate
judges?
A. District judges are life-tenured judges nominated
by the President and confirmed by the Senate. Magistrate judges
are fixed-term judges appointed by district judges for eight-year
renewable terms via a merit selection process.
Q. How do civil litigants request trials before magistrate
judges?
A. All parties must consent in writing and the case must
be officially transferred by the district judge. Forms are available
on line and from the Clerk of Court.
Q. Are a party's rights affected when litigants consent
to have a magistrate judge hear a case?
A. Consenting to jurisdiction of a magistrate judge does
not eliminate substantive or procedural rights litigants would
otherwise have before a district judge. For example, parties
retain their right to a jury trial.
Q. Do magistrate judges handle many civil jury cases?
A. Yes. In 1999, magistrate judges conducted approximately
21 per cent of the civil jury trials in United States district
courts. When all parties consent, magistrate judges may conduct
trials and enter judgments in civil cases of any type or size.
Q. Do magistrate judges handle many criminal cases?
A. Yes. With consent of defendants, magistrate judges
may preside in Class A misdemeanor cases, including conducting
jury trials. In 1999, magistrate judges terminated 10,733 Class
A misdemeanor cases. Although magistrate judges do not preside
at felony trials, they may conduct preliminary and post-conviction
proceedings in felony cases. Magistrate judges may conduct trials
and dispose of all petty offense cases.
The Role of Magistrate Judges
United States Magistrate Judges are generalist judges with a
broad range of responsibilities. While their duties may vary
with the specific needs of each district court, Magistrate Judges
handle a wide array of federal civil and criminal cases nationwide.
A sampling of the judicial functions performed by Magistrate
Judges demonstrates the potential breadth of their authority:
• Presiding at criminal misdemeanor jury trials by consent
of the parties and entering judgments;
• Presiding at criminal misdemeanor jury trials by consent
of the parties and imposing sentences;
• Pretrial case management in complex civil cases;
• Conducting preliminary proceedings in all criminal cases;
• Conducting settlement conferences;
• Hearing and determining pretrial motions;
• Hearing and recommending disposition of summary judgment
and other case-dispositive motions;
• Reviewing prisoner suits collaterally attacking convictions
or complaining of conditions of confinement; and
• Issuing arrest and search warrants.
Title and Manner of Addressing a United States Magistrate
Judge
• The official title of these judges is "United States
Magistrate Judge."
• A United States Magistrate should be addressed orally
and in writing, as
"Judge _______," to be consistent with the position's
judicial role and official title as prescribed by law.
• Although some state courts have a judicial officer called
a "magistrate," that title as applied to a United
States Magistrate Judge is obsolete. To address these judges
simply as "Magistrate" is akin to improperly addressing
a Lieutenant Colonel as "Lieutenant," or a Bankruptcy
Judge as "Bankruptcy."
Top of Page Return
to Judge Proud General Information
Pretrial Information Hearing
and Trial Information Miscellaneous Information
Notice of Availability of a U.S.
Magistrate Judge to Exercise Jurisdiction
Staff:
Courtroom Deputy Clerk: (Scheduling matters) Angie Vehlewald (618)
482-9419
Court Security Officer: Richard Ray (618) 482-9139
Law Clerk: Meg Robertie
(618) 482-9106
Law Clerk: Joan Tanner (618) 482-9006
Address:
Melvin Price Federal Courthouse
750 Missouri Avenue,
Courtroom 4
East St. Louis, IL 62201
Phone: (618) 482-9006 Fax: (618) 482-9010
|
