[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR52.02]

[Page 100-101]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 52--PROCEEDINGS BEFORE U.S. MAGISTRATE JUDGES--Table of Contents
 
Sec. 52.02  Criminal proceedings: Pretrial, trial.

    (a) A judge of the district court, without the parties' consent, may 
designate a magistrate judge to hear and determine criminal pretrial 
matters pending before the court, except for two named classes of 
motions; as to the latter, the magistrate judge may conduct a hearing 
and recommend a decision to the judge. 28 U.S.C. 636(b)(1) (A), (B).
    (b) When specially designated by the court to exercise such 
jurisdiction, a magistrate judge may try, and impose sentence for, any 
misdemeanor if he has properly and fully advised the defendant that he 
has a right to elect ``trial, judgment, and sentencing by a judge of the 
district court and * * * may have a right to trial by jury before a 
district judge or magistrate judge,'' and has obtained the defendant's 
written consent to be tried by the magistrate judge. 18 U.S.C. 3401 (a), 
(b). The court may order that proceedings be conducted before a district 
judge rather than a magistrate judge upon its own motion or, for good 
cause shown upon petition by the attorney for the government. The 
petition should note ``the novelty, importance, or complexity of the 
case, or other pertinent factors * * * ''. 18 U.S.C. 3401(f).
    (1) If the attorney for the government determines that the public 
interest is better served by trial before a district judge, the attorney 
may petition the district court for such an order after consulting with 
the appropriate Assistant Attorney General as provided in paragraph 
(b)(2) of this section. In making this determination, the attorney shall 
consider all relevant factors including--

[[Page 101]]

    (i) The novelty of the case with respect to the facts, the statute 
being enforced, and the application of the statute to the facts;
    (ii) The importance of the case in light of the nature and 
seriousness of the offense charged;
    (iii) The defendant's history of criminal activity, the potential 
penalty upon conviction, and the purposes to be served by prosecution, 
including punishment, deterrence, rehabilitation, and incapacitation;
    (iv) The factual and legal complexity of the case and the amount and 
nature of the evidence to be presented;
    (v) The desirability of prompt disposition of the case; and
    (vi) The experience and qualifications of the magistrate judge, and 
the possibility of the magistrate judge's actual or apparent bias or 
conflict of interest.
    (2) The attorney for the government shall consult with the Assistant 
Attorney General having supervisory authority over the subject matter in 
determining whether to petition for trial before a district judge in a 
case involving a violation of 2 U.S.C. 192, 441j(a); 18 U.S.C. 210, 211, 
242, 245, 594, 597, 599, 600, 601, 1304, 1504, 1508, 1509, 2234, 2235, 
2236; or 42 U.S.C. 3631.
    (3) In a case in which the government petitions for trial before a 
district judge, the attorney for the government shall forward a copy of 
the petition to the Assistant Attorney General having supervisory 
authority over the subject matter and, if the petition is denied, shall 
promptly notify the Assistant Attorney General.

(5 U.S.C. 301, 18 U.S.C. 3401(f))

[Order No. 903-80, 45 FR 50564, July 30, 1980, as amended by Order No. 
2012-96, 61 FR 8473, Mar. 5, 1996]