(a) Sections 636 (b) and (c) of title 28 of the United States Code governpretrial and case-dispositive civil jurisdiction of magistrate judges, as wellas service by magistrate judges as special masters.

(b) It is the policy of the Department of Justice to encourage the use ofmagistrate judges, as set forth in this paragraph, to assist the district courtsin resolving civil disputes. In conformity with this policy, the attorney forthe government is encouraged to accede to a referral of an entire civil actionfor disposition by a magistrate judge, or to consent to designation of amagistrate judge as special master, if the attorney, with the concurrence of hisor her supervisor, determines that such a referral or designation is in theinterest of the United States. In making this determination, the attorney shallconsider all relevant factors, including—

(1) The complexity of the matter, including involvement of significant rightsof large numbers of persons;

(2) The relief sought;

(3) The amount in controversy;

(4) The novelty, importance, and nature of the issues raised;

(5) The likelihood that referral to or designation of the magistrate judgewill expedite resolution of the litigation;

(6) The experience and qualifications of the magistrate judge; and

(7) The possibility of the magistrate judge's actual or apparent bias orconflict of interest.

(c)(1) In determining whether to consent to having an appeal taken to the district court rather than to the court of appeals, the attorney for thegovernment should consider all relevant factors including—

(i) The amount in controversy;

(ii) The importance of the questions of law involved;

(iii) The desirability of expeditious review of the magistrate judge'sjudgment.

(2) In making a determination under paragraph (c)(1) of this section theattorney shall, except in those cases in which delegation authority has beenexercised under 28 CFR 0.168, consult with the Assistant Attorney General havingsupervisory authority over the subject matter.

(a) A judge of the district court, without the parties' consent, maydesignate a magistrate judge to hear and determine criminal pretrial matterspending before the court, except for two named classes of motions; as to thelatter, the magistrate judge may conduct a hearing and recommend a decision tothe judge. 28 U.S.C. 636(b)(1) (A), (B).

(b) When specially designated by the court to exercise such jurisdiction, amagistrate judge may try, and impose sentence for, any misdemeanor if he hasproperly 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 ormagistrate judge,” and has obtained the defendant's written consent to betried by the magistrate judge. 18 U.S.C. 3401 (a), (b). The court may order thatproceedings be conducted before a district judge rather than a magistrate judgeupon its own motion or, for good cause shown upon petition by the attorney forthe government. The petition should note “the novelty, importance, orcomplexity of the case, or other pertinentfactors * * * ”. 18 U.S.C. 3401(f).

(1) If the attorney for the government determines that the public interest isbetter served by trial before a district judge, the attorney may petition thedistrict court for such an order after consulting with the appropriate AssistantAttorney General as provided in paragraph (b)(2) of this section. In making thisdetermination, the attorney shall consider all relevant factors including—

(i) The novelty of the case with respect to the facts, the statute beingenforced, and the application of the statute to the facts;

(ii) The importance of the case in light of the nature and seriousness of theoffense charged;

(iii) The defendant's history of criminal activity, the potential penaltyupon conviction, and the purposes to be served by prosecution, includingpunishment, deterrence, rehabilitation, and incapacitation;

(iv) The factual and legal complexity of the case and the amount and natureof 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 thepossibility of the magistrate judge's actual or apparent bias or conflict ofinterest.

(2) The attorney for the government shall consult with the Assistant AttorneyGeneral having supervisory authority over the subject matter in determiningwhether to petition for trial before a district judge in a case involving aviolation 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 districtjudge, the attorney for the government shall forward a copy of the petition tothe Assistant Attorney General having supervisory authority over the subjectmatter and, if the petition is denied, shall promptly notify the AssistantAttorney General.