A Brief History of the U.S. Magistrates and Their Powers Any
understanding of the development of the role of United States
magistrates requires familiarity with the historical, statutory,
and case law elements underlying the establishment and evolution
of the magistrate system. Although the office of United States
Magistrate has a relatively brief history, the historical
antecedents and political factors underlying the creation of the
magistrate system have had a profound effect upon the design of
that system and, consequently, the evolution of the magistrate
role. In addition, a series of legislative and judicial
decisions regarding the appropriate authority for these
subordinate judges has further defined the roles of magistrates
in the district courts. The predecessors to the federal
magistrates were the United States Commissioners. In an act
passed in 1793, Congress provided that certain individuals
"learned in law" could have responsibility for taking bail in
federal criminal cases. 1 These individuals w