On the recordMarch 18, 1998
I strongly opposed the measure based upon one section of the bill: Section 202. This section would grant magistrate judges contempt authority. I am adamantly opposed to granting such power to these judges on constitutional grounds. I am not alone in this. In fact, the Justice Department in its comments printed in the committee report argues that giving such power to non Article III judges raises constitutional concerns. Magistrates do not go through the normal nomination process. As the Supreme Court stated in a recent opinion, the power to hold persons in criminal contempt is not only awesome, but is also an inherent power of Article III judges. Magistrate judges are not Article III judges. The Legislative Branch has much to lose if it continues to grant increased powers to those who are unelected. In my congressional district, a Federal magistrate has taken control of a local school district. To put it simply, he single handedly ordered the school board to raise taxes. Out of fear of contempt orders from the magistrate, school board members who were opposed to the tax increase switched their votes to support the tax increase.
Source
govinfo.gov




