,,,Consent Cannot Control: Peretz v. United States and Federal Magistrate Judge Jurisdiction in Felony Cases

Abstract

In Peretz v. United States, a bare majority of the Supreme Court held that the “additional duties” clause of the Federal Magistrates Act permits a magistrate judge—with a defendant’s consent—to preside over voir dire at a felony trial. The majority also did not perceive any constitutional danger arising from the exercise of the “judicial Power of the United States” by an Article I officer. At first glance, the result appears to be a common-sense victory for efficiency, and the vast majority of citations to Peretz do not involve reflection upon proper statutory interpretation, structural analysis, or the significance of certain judicial functions. Rather, Peretz has been cited ad nauseum for the