How many jury questions can a magistrate judge answer if a district judge assigns the MJ to receive a jury verdict and neither party timely objects to that assignment? According to the 11th Circuit, 0. The court just reversed a $4.95 million jury verdict where a district judge assigned a magistrate judge to receive a verdict and the magistrate judge, while presiding, answered jury questions.
It all started with a district judge trying to catch a plane. The court asked the parties if they were o.k. having the paired magistrate judge "take my place in terms of receiving the verdict from the jury." Neither party objected. If the story ended there, we wouldn't be here. The "mere acceptance of a jury verdict and the polling of a jury constitute no more than ministerial tasks that a magistrate judge may properly perform" (and that's true whether or not the parties consent). But this jury was inquisitive. Questions and notes. Six of them. And, as the Eleventh Circuit explained, responding to jury questions is a "critical stage" of a trial that requires either a presiding Article III judge OR the parties consenting to the MJ performing such a task. This case had neither, so reversal was required.
Not a fun way to lose a verdict after a 16-day trial!
PB Legacy by John Byrne on Scribd
3 comments:
Can the plaintiffs ask for a full panel to decide instead of just three judges?
Heaven forbid the Judge change the reservation! They don't get paid much, ya know?
--Yes they can ask and with Jordan's concurrence they at least have a chance that the court takes it en banc, but still unlikely
--Judge Steele did move his flight back a few hours once but said he couldn't push it back any later. What weirdness. Must have been a holiday weekend or something because Judge Chappell wasn't around to cover for him.
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