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- Subject: PERETZ v. UNITED STATES, Syllabus
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-
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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as
- is being done in connection with this case, at the time the opinion is
- issued. The syllabus constitutes no part of the opinion of the Court but
- has been prepared by the Reporter of Decisions for the convenience of the
- reader. See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
- SUPREME COURT OF THE UNITED STATES
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- Syllabus
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- PERETZ v. UNITED STATES
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- certiorari to the united states court of appeals for the second circuit
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- No. 90-615. Argued April 23, 1991 -- Decided June 27, 1991
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- Gomez v. United States, 490 U. S. 858, held that the selection of a jury in
- a felony trial without a defendant's consent is not one of the "additional
- duties" that magistrates may be assigned under the Federal Magistrates Act.
- That decision rested on the lack of both an express statutory provision for
- de novo review and an explicit congressional intent to permit magistrates
- to conduct voir dire absent the parties' consent. And it was compelled by
- concerns that a defendant might have a constitutional right to demand that
- an Article III judge preside at every critical stage of a felony trial and
- that the procedure deprived an individual of an important privilege, if not
- a right. In this case, petitioner Peretz consented to the assignment of a
- Magistrate to conduct the voir dire and supervise the jury selection for
- his felony trial, never asked the District Court to review the Magistrate's
- rulings, and raised no objection regarding jury selection at trial.
- However, on appeal from his conviction, he contended that it was error to
- assign the jury selection to the Magistrate. The Court of Appeals affirmed
- the conviction on the ground that Gomez requires reversal only in cases in
- which the magistrate has acted without the defendant's consent.
-
- Held:
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- 1. The Act's "additional duties" clause permits a magistrate to
- supervise jury selection in a felony trial provided that the parties
- consent. The fact that there is only ambiguous evidence of Congress'
- intent to include jury selection among magistrates' additional duties is
- far less important here than it was in Gomez, for Peretz' consent
- eliminates the concerns about a constitutional issue and the deprivation of
- an important right. Absent these concerns, the Act's structure and purpose
- evince a congressional belief that magistrates are well qualified to handle
- matters of similar importance to jury selection. This reading of the
- additional duties clause strikes the balance Congress intended between a
- criminal defendant's interests and the polices undergirding the Act. It
- allows courts, with the litigants' consent, to continue innovative
- experiments in the use of magistrates to improve the efficient
- administration of the courts' dockets, thus relieving the courts of certain
- subordinate duties that often distract them from more important matters.
- At the same time, the consent requirement protects a criminal defendant's
- interest in requesting the presence of a trial judge at all critical stages
- of his felony trial. Pp. 8-12.
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- 2. There is no constitutional infirmity in the delegation of felony
- trial jury selection to a magistrate when the litigants consent. A
- defendant has no constitutional right to have an Article III judge preside
- at jury selection if he has raised no objection to the judge's absence.
- Cf. Commodity Futures Trading Comm'n v. Schor, 478 U. S. 833, 848. Cf.
- also, e. g., United States v. Gagnon, 470 U. S. 522, 528. In addition,
- none of Article III's structural protections are implicated by this pro
- cedure. The entire process takes place under the total control and ju
- risdiction of the district court, which decides, subject to veto by the
- parties, whether to invoke a magistrate's assistance and whether to
- actually empanel the jury selected. See United States v. Raddatz, 447 U.
- S. 667. That the Act does not provide for a de novo review of magistrates'
- decisions during jury selection does not alter this result, for, if a
- defendant requests review, nothing in the statute precludes a court from
- providing the review required by the Constitution. See id., at 681, n. 7.
- Pp. 12-16.
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- 904 F. 2d 34, affirmed.
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- Stevens, J., delivered the opinion of the Court, in which Rehnquist, C.
- J., and O'Connor, Kennedy, and Souter, JJ., joined. Marshall, J., filed a
- dissenting opinion, in which White and Blackmun, JJ., joined. Scalia, J.,
- filed a dissenting opinion.
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