The Constitutionality of New Contempt Powers for Federal Magistrate-Judges

Hastings L.J., Vol. 53, p. 567, 2002

30 Pages Posted: 24 Jan 2010

See all articles by Mark Kende

Mark Kende

Drake University Law School

Date Written: March 31, 2002

Abstract

U.S. magistrate-judges have obtained increasing responsibilities in the federal judiciary. The Federal Courts Improvement Act of 2000 gave magistrate-judges certain kinds of contempt powers that are more often associated with Article III federal judges. This paper analyzes these contempt powers and shows that at least one part of the Act may be unconstitutional.

Keywords: magistrates, courts, U.S. Constitution, Article III, contempt

Suggested Citation

Kende, Mark, The Constitutionality of New Contempt Powers for Federal Magistrate-Judges (March 31, 2002). Hastings L.J., Vol. 53, p. 567, 2002, Available at SSRN: https://ssrn.com/abstract=1540695

Mark Kende (Contact Author)

Drake University Law School ( email )

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HOME PAGE: http://www.drake.edu/law/clinics-centers/conlaw/

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