peretz argued april decided june gomez held selection jury felony trial without defendant consent one additional duties magistrates may assigned federal magistrates act decision rested lack express statutory provision de novo review explicit congressional intent permit magistrates conduct voir dire absent parties consent compelled concerns defendant might constitutional right demand article iii judge preside every critical stage felony trial procedure deprived individual important privilege right case petitioner peretz consented assignment magistrate conduct voir dire supervise jury selection felony trial never asked district review magistrate rulings raised objection regarding jury selection trial however appeal conviction contended error assign jury selection magistrate appeals affirmed conviction ground gomez requires reversal cases magistrate acted without defendant consent held act additional duties clause permits magistrate supervise jury selection felony trial provided parties consent fact ambiguous evidence congress intent include jury selection among magistrates additional duties far less important gomez peretz consent eliminates concerns constitutional issue deprivation important right absent concerns act structure purpose evince congressional belief magistrates well qualified handle matters similar importance jury selection reading additional duties clause strikes balance congress intended criminal defendant interests policies undergirding act allows courts litigants consent continue innovative experiments use magistrates improve efficient administration courts dockets thus relieving courts certain subordinate duties often distract important matters time consent requirement protects criminal defendant interest requesting presence trial judge critical stages felony trial pp constitutional infirmity delegation felony trial jury selection magistrate litigants consent defendant constitutional right article iii judge preside jury selection raised objection judge absence cf commodity futures trading schor cf also gagnon addition none article iii structural protections implicated procedure entire process takes place total control jurisdiction district decides subject veto parties whether invoke magistrate assistance whether actually empanel jury selected see raddatz act provide de novo review magistrates decisions jury selection alter result defendant requests review nothing statute precludes providing review required constitution see pp stevens delivered opinion rehnquist kennedy souter joined marshall filed dissenting opinion white blackmun joined post scalia filed dissenting opinion post joel rudin argued cause petitioner briefs richard levitt joel brenner deputy solicitor general bryson argued cause brief solicitor general starr assistant attorney general mueller michael lazerwitz joseph douglas wilson justice stevens delivered opinion federal magistrates act grants district courts authority assign magistrates certain described functions well additional duties inconsistent constitution laws gomez held additional duties encompass selection jury felony trial without defendant consent case consider whether defendant consent warrants different result petitioner codefendant charged importing four kilograms heroin pretrial conference attended petitioner counsel district judge asked ny objection picking jury magistrate app petitioner counsel responded love opportunity ibid immediately jury selection commenced magistrate asked received assurances counsel petitioner counsel codefendant clients consent proceed jury selection proceeded conduct voir dire supervise selection jury neither defendant asked district review ruling made magistrate district judge presided jury trial resulted conviction petitioner acquittal codefendant district petitioner raised objection fact magistrate conducted voir dire appeal however contended error assign jury selection magistrate decision gomez required reversal appeals disagreed relying earlier decision musacchia held explicit consent defendant voir dire waives subsequent challenge grounds affirmed petitioner conviction app pet cert affirmance order musacchia second circuit affirmed conviction case defendant objected jury selection magistrate appeals concluded holding gomez applied cases magistrate acted without defendant consent explained appellants additionally claim gomez magistrate without jurisdiction federal magistrates act conduct voir dire disagree since gomez decided circuits focused without defendant consent language generally ruled either consent failure object magistrate may conduct jury voir dire felony case see vanwort cert denied sub nom chapoteau mang sun wong cert denied plain error permit magistrate preside since objection magistrate must raised waived government virgin islands williams cir absent demand constitutional difficulty delegating jury selection magistrate ford cir en banc harmless error magistrate conduct voir dire defendant failed object cert denied wey cir jury selection magistrate plain error prejudice shown concededly france concluded otherwise ruled defendant failure contemporaneously object magistrate conducting jury selection waive right appellate review holding may explained noted earlier perceived futility defendant raising objection permit magistrate conduct voir dire felony trial defendant consents permits magistrate conduct felony trial voir dire provided defendant consents statute consistent article iii magistrate supervision voir dire petitioner trial error conduct petitioner attorney constitute waiver right raise error appeal see ii holding gomez narrow framed question presented whether presiding selection jury felony trial without defendant consent among additional duties district courts may assign magistrates emphasis added held magistrate exceeds jurisdiction selecting jury despite defendant objection thus holding carefully limited situation parties acquiesced trial magistrate role particular question divided courts appeals see hand courts uniformly rejected challenges magistrate authority conduct voir dire objection performance duty raised trial although concluded role assumed magistrate gomez beyond authority act recognized congress intended magistrates play integral important role federal judicial system see citing recent decisions continued acknowledge importance congress placed magistrate role see mccarthy bronson given bloated dockets district courts come expect ordinary role magistrate today federal judicial system nothing less indispensable government virgin islands williams cognizant importance magistrates efficient federal system nonetheless propelled towards holding gomez several considerations chief among concerns settled policy avoid interpretation federal statute engenders constitutional issues gomez policy implicated gomez substantial question whether defendant constitutional right demand article iii judge preside every critical stage felony trial principle constitutional avoidance led us demand clear evidence congress actually intended permit magistrates take role raised substantial constitutional question cf rust sullivan dissenting requirement congress express intent clearly also appropriate government asking us gomez construe general grant authority authorize procedure deprived individual important privilege right see sands sutherland statutory construction rev ed lack express provision de novo review coupled absence mention statute text legislative history magistrate conducting voir dire without parties consent convinced us congress clearly authorized delegation involved gomez view constitutional issues involved fact broad language construed deprive defendant significant right privilege considered lack clear authorization dispositive see gomez reinforcing conclusion principle ny additional duties performed pursuant general authorization statute reasonably bear relation specified duties statute assigned magistrates carefully reviewing duties magistrates expressly authorized perform see focused fact specified duties comparable jury selection felony trial performed consent litigants noted magistrates empowered try minor offenses exercise jurisdiction specific case conditioned upon defendant express written consent see similarly amendment provided magistrate designated special master civil case consent parties congress enlarged magistrate criminal jurisdiction encompass misdemeanors exercise authority subject defendant consent explained critical limitation expanded jurisdiction consent amended act neither district judge magistrate shall attempt persuade induce party consent reference civil matter magistrate stat criminal cases government may petition trial district judge defendants charged misdemeanors refuse consent magistrate thus effect removal magistrate criminal trial jurisdiction depends defendant specific written consent omitted iii case differs critically gomez petitioner counsel rather objecting magistrate role affirmatively welcomed see supra considerations led holding gomez lead conclusion magistrate additional duties may include supervision jury selection defendant consented notably defendant consent significantly changes constitutional analysis explain part iv infra trouble concluding article iii problem district judge permits magistrate conduct voir dire accordance defendant consent absence constitutional difficulty removes one concern motivated us gomez require unambiguous evidence congress intent include jury selection among magistrate additional duties petitioner consent also eliminates concern general authorization lightly read deprive defendant important privilege therefore attach far less importance case fact congress focus jury selection possible additional duty magistrates generality category additional duties indicates congress intended give federal judges significant leeway experiment possible improvements efficiency judicial process already tried even foreseen congress intended strictly limit additional duties functions considered committee hearings debates presumably included statute bill particulars rather broad residuary clause construing residuary clause absent concerns raising constitutional issue depriving defendant important right foreclose constructive experiments acceptable participants trial process consistent basic purposes statute course still reluctant gomez construe additional duties clause include responsibilities far greater importance specified duties assigned magistrates litigants consent makes crucial difference score well explained part ii supra duties magistrate may perform parties objections generally subsidiary matters comparable supervision jury selection however parties consent district judge may delegate magistrate supervision entire civil misdemeanor trials duties comparable responsibility importance presiding voir dire felony trial therefore conclude act additional duties clause permits magistrate supervise jury selection felony trial provided parties consent reaching result assisted reasoning courts appeals second third seventh circuits following decision gomez concluded rationale opinion apply defendant objected magistrate conduct voir dire see musacchia wey government virgin islands williams share confidence expressed third circuit williams reading additional duties clause strikes balance congress intended interests criminal defendant policies undergird federal magistrates act id act designed relieve district courts certain subordinate duties often distract courts important matters reading additional duties clause permit courts litigants consent continue innovative experimentations use magistrates improve efficient administration courts dockets see time requirement criminal defendant consent additional duty jury selection protects defendant interest requesting presence judge critical stages felony trial criminal defendant together attorney believes presence judge best serves interests selection jury gomez preserves right object use magistrate hand defendant indifferent whether magistrate judge preside makes little sense deny district opportunity delegate function magistrate particularly delegation sensibly advances interest efficient regulation docket government virgin islands williams iv constitutional infirmity delegation felony trial jury selection magistrate litigants consent already noted arguable defendant criminal trial constitutional right demand presence article iii judge voir dire need resolve question however determine defendant constitutional right article iii judge preside jury selection defendant raised objection judge absence previously held litigants may waive personal right article iii judge preside civil trial see commodity futures trading schor basic rights criminal defendants similarly subject waiver see gagnon absence objection constitutes waiver right present stages criminal trial levine failure object closing courtroom waiver right public trial segurola failure object constitutes waiver fourth amendment right unlawful search seizure figueroa failure object results forfeiture claim unlawful postarrest delay bascaro absence objection waiver double jeopardy defense cert denied sub nom hobson coleman failure object constitutes waiver fifth amendment claim cert denied see generally yakus procedural principle familiar constitutional right may forfeited criminal well civil cases failure make timely assertion right constitution affords protection defendant waives fundamental rights gives assistance defendant fails demand presence article iii judge selection jury even assuming litigant may waive structural protections provided article iii see schor convinced structural protections implicated procedure followed case magistrates appointed subject removal article iii judges see ultimate decision whether invoke magistrate assistance made district subject veto parties see raddatz decision whether empanel jury whose selection magistrate supervised also remains entirely district entire process takes place district total control jurisdiction danger use magistrate involves congressional attemp transfer jurisdiction iii tribunals purpose emasculating constitutional courts national insurance tidewater vinson dissenting schor raddatz held constitution violated reference magistrate motion suppress evidence felony trial principal constitutional argument advanced rejected raddatz omission requirement trial judge must hear testimony witnesses whenever question credibility arises violated due process clause fifth amendment petitioner advanced similar argument case doubt plainly foreclosed holding raddatz case also disposes article iii argument petitioner raise reasoning justice blackmun concurring opinion controlling observes handling suppression motions invariably remains completely control federal district judge may initially decline refer matter magistrate matter referred judge may freely reject magistrate recommendation may rehear evidence whole part may call additional findings otherwise recommit matter magistrate instructions see moreover magistrate subject act iii judge control magistrates appointed district judges subject removal addition district judges retain plenary authority many pretrial matters assigned magistrates ach district shall establish rules pursuant magistrates shall discharge duties also significant magistrates act imposes significant requirements ensure competency impartiality ed supp ii including rule generally barring reduction salaries magistrates even assuming despite protections controversial matter might delegated magistrate susceptible outside pressures district judge insulated life tenure irreducible salary waiting wings fully able correct errors circumstances simply perceive threat judicial power independence judicial decisionmaking underlies art iii face procedure congress delegate iii judge authority make final determinations issues fact post dissenting opinion rather confront procedure congress vested art iii judges discretionary power delegate certain functions competent impartial assistants ensuring judges retain complete supervisory control assistants activities disposition statutory constitutional questions makes unnecessary discuss third question asked parties brief argue note however solicitor general conceded error make reference magistrate case relied entirely argument error waived although concession deprived us benefit adversary presentation course prevent us adopting legal analysis courts appeals share interpretation statute construed gomez agree view majority circuit judges considered issue decision gomez permitting magistrate conduct voir dire felony trial defendant raises objection entirely faithful congressional purpose enacting amending federal magistrates act judgment appeals affirmed ordered footnotes breitbart consent client proceed jury selection breitbart yes honor lopez consent client proceed lopez yes honor app third circuit recognized however reach question presented case whether federal magistrates act permits magistrate preside selection jury defendant consents gomez framed issue whether presiding selection jury felony trial without defendant consent additional duty within meaning federal magistrates act emphasis added see also id rejecting government harmless error analysis grounds apply felony case despite defendant objection without meaningful review district judge officer exceeds jurisdiction selecting jury gomez thus left open question whether defendant consent makes difference whether district may assign voir dire magistrate government virgin islands williams see ford en banc cert denied defiore cert denied sub nom coppola haith hardly denied system created federal magistrates act exceeded highest expectations legislators conceived modern federal practice federal magistrates account staggering volume judicial work example magistrates presided nearly half million judicial proceedings see sess reprinted code cong admin news recent state report noted particular magistrates conducted preliminary proceedings felony cases handled references civil criminal pretrial matters reviewed social security appeals prisoner filings tried misdemeanors civil cases consent parties id government virgin islands williams gomez cited opinion commodity futures trading schor emphasized importance personal right article iii adjudicator article iii serves protect role independent judiciary within constitutional scheme tripartite government thomas union carbide agricultural products safeguard litigants right claims decided judges free potential domination branches government see also thomas supra northern pipeline although cases provided us little occasion discuss nature significance latter safeguard prior discussions article iii guarantee independent impartial adjudication federal judiciary matters within judicial power intimated guarantee serves protect primarily personal rather structural interests see rehnquist concurring judgment noting lack consent iii jurisdiction white dissenting see also currie bankruptcy judges independent judiciary creighton rev article iii designed protection parties risk legislative executive pressure judicial decision cf crowell benson brandeis dissenting federal magistrates act provides magistrate may assigned additional duties inconsistent constitution laws read literally without reference context appear words might encompass assignment explicitly prohibited statute constitution statute creates office assigns specific duties duties outline attributes office additional duties performed pursuant general authorization statute reasonably bear relation specified duties thus raddatz mathews weber wingo wedding interpreted federal magistrates act light structure purpose gomez legislative history statute also emphasizes crucial nature presence absence litigants consent see consent requirement magistrates used bench bar litigants desire cases felt participants competent see magistrate assist district judge variety pretrial preliminary matters thereby facilitating ultimate final exercise adjudicatory function trial case magistrates render valuable assistance judges district courts thereby freeing time judges actual trial cases purpose act cull workload district courts matters desirably performed lower tier judicial officers see peacock kennedy may sound reasons allow magistrate assist voir dire done case ach circuits federal system instructed improve efficiency juror utilization practice delegating voir dire magistrate may assist district courts accomplishing objective cert denied noted gomez legislative history act nowhere listed supervision without defendant consent felony trial voir dire potential magistrate responsibility call attention however committee report referred letter suggest ing magistrate selected juries consent parties gomez emphasis added citing qualify portion opinion gomez explained jury selection important function performance may difficult judge review infallible accuracy see confident however defense counsel sensibly balance considerations concerns deciding whether object magistrate supervision voir dire stress regard defendants may waive right judicial performance important functions including conduct trial misdemeanor civil proceedings like jury selection duties require magistrate observe witnesses make credibility determinations weigh contradictory evidence therefore present equivalent problems judicial oversight see alvarado government virgin islands williams ford jolly concurring cf wey may defendant consent authorize judge designate magistrate preside jury selection ford failure object constitutes waiver error defiore cert denied sub nom coppola see en banc france justice marshall justice white justice blackmun join dissenting gomez held federal magistrates act authorize magistrates conduct jury selection felony trial amazing display interpretive gymnastics majority twists bends contorts logic gomez attempting demonstrate consideration critical holding case defendant refusal consent magistrate jury selection find gomez considerably less flexible reasoning gomez makes clear absence presence consent entirely irrelevant federal magistrates act prohibition upon magistrate jury selection felony trial majority reconstruction gomez unsound also unwise discarding gomez categorical prohibition magistrate felony jury selection majority unnecessarily raises troubling question whether practice consistent article iii constitution compound error majority resolves constitutional question manner entirely inconsistent controlling precedents dissent majority purports locate source magistrate authority conduct felony jury selection act additional duties clause magistrate may assigned additional duties inconsistent constitution laws whether additional duties clause authorizes magistrate conduct jury selection felony trial conventional issue statutory interpretation gomez held absence specific reference jury selection statute indeed legislative history persuades us congress intend additional duties clause embrace function omitted view existence defendant consent absolutely effect conclusion gomez rejected literal reading additional duties clause authorized magistrates exercise power expressly prohibited federal statute constitution see relying precedent legislative history emphasized additional duties clause read according congress intention magistrates handle subsidiary matters thereby enabl ing district judges concentrate trying cases district judges willing experiment assignment magistrates functions aid business courts increased time available judges careful unhurried performance vital traditional adjudicatory duties consequent benefit efficiency quality justice federal courts emphasis added amendments federal magistrates act accord federal magistrates act view structural inference affected defendant consent act consent parties necessary condition magistrate statutory authority preside civil misdemeanor trial see hold majority magistrate may likewise conduct jury selection felony trial long defendant consents treat magistrate authority part felony trial perfectly coextensive authority civil misdemeanor trials reading act gomez categorically rejected second basis conclusion gomez congress intended felony jury selection nondelegable congress failure expressly provide judicial review magistrate jury selection felony cases federal magistrates act provides two separate standards judicial review clearly erroneous contrary law magistrate resolution nondispositive matters see de novo magistrate resolution dispositive matters see deemed congress failure identify standard judicial review jury selection felony trials persuasive evidence congress intent magistrates perform function gomez supra fail see defendant consent magistrate exercise authority alter inference congress said standard review magistrate jury selection standard magistrate jury selection majority identify anything statute indicate appropriate standard magistrate jury selection majority opines nothing statute precludes judicial review ante however fails explain review may achieved majority silence regrettable gomez recognized jury selection similar functions identified dispositive matters act prescribes de novo review standard expressed serious doubts however whether review meaningfully conducted likewise concluded reexamination individual jurors district judge feasible practical matter second interrogation might place jurors defensive engendering prejudices irrelevant facts adduced trial difficulties providing effective review magistrate jury selection central construction act gomez yet essentially ignored today gomez found confirmation inferences drew statutory text absence specific reference jury selection legislative history see ante legislative history act offers support magistrate felony jury selection response paucity support construction majority notes gomez call ed attention house committee report referred letter district judge mentioning jury selection duty assigned magistrates ante majority observes letter suggest ed magistrate selected juries consent parties quoting gomez emphasis added majority neglects record salient facts noted letter particular letter lone reference entire legislative history authority ibid emphasis added moreover letter suggested magistrate jury selection took place perhaps civil trials emphasis added finally pointed gomez letter displays little concern validity assignments necessary find authority black white give something magistrate sure might get shot appellate ibid citation omitted clear considerations motivated holding gomez compel conclusion federal magistrates act permit magistrate felony jury selection even defendant consents find majority arguments contrary wholly unpersuasive according majority case differs critically gomez petitioner counsel consented delegation jury selection magistrate ante although asserts factor essential analysis majority fails explain consent bearing statutory power magistrate conduct felony jury selection already indicated reasoning behind conclusion gomez congress endow magistrates jurisdiction preside felony jury selection nothing defendant refusal consent jurisdiction unable support revisionist construction act said gomez majority seeks bolster construction noting provided parties consent magistrates may conduct civil misdemeanor trials hese duties comparable responsibility importance presiding voir dire felony trial ante majority analogy misses point fact congress imposed condition consent magistrates exercise authority prove congress also authorized magistrates conduct trial duties expressly enumerated federal magistrates act supervision felony jury selection specifically enumerated grants trial authority suggest congress intended confer magistrates authority conduct felony jury selection predicated authority parties consent however already discussed see supra construing act authorizing magistrates conduct jury selection felony cases merely act authorizes jurisdiction civil misdemeanor cases draw inference congress silence precisely opposite inference drew gomez finally majority defends construction additional duties clause stating permit continue innovative experimentations use magistrates improve efficient administration district courts ante taken literally rationale admits limits reason function legitimate basis construing scope magistrate permissible additional duties gomez must give content additional duties clause looking congress intention magistrates delegated administrative tasks order free article iii judges conduct trials particularly felony trials see supra creating authority magistrates preside critical stage felony trial see gomez supra merely defendant fails request judge majority completely misapprehends congress conception appropriate role played magistrates analysis gomez ii outlined believe defensible construction federal magistrates act jury selection felony trial never one magistrate additional duties regardless whether defendant consents even believed mine one two reasonable interpretations still reject majority construction act needlessly raises serious constitutional question whether jury selection magistrate even defendant consents consistent article iii well established avoid interpretation federal statute engenders constitutional issues reasonable alternative interpretation poses constitutional question gomez accord edward debartolo florida gulf coast building construction trades council commodity futures trading schor ashwander tva brandeis concurring given inherent complexity article iii questions canon constitutional avoidance apply particular force article iii issue stake cf northern pipeline construction marathon pipe line rehnquist concurring judgment particularly area constitutional law art iii courts frequently arcane distinctions confusing precedents rigorous adherence principle decide constitutional question absolutely necessary accords decided cases sound judicial policy although principle guided analysis gomez see forgotten today majority simply dismisses altogether seriousness underlying constitutional question trouble concluding article iii problem district judge permits magistrate conduct voir dire accordance defendant consent ante majority unfounded unacceptably manipulating article iii teachings majority succeeds avoiding difficulty attends construction act explained schor article iii protections two distinct dimensions first article iii safeguard litigants right claims decided judges free potential domination branches government schor supra quoting second article iii serves inseparable element constitutional system checks balances preserving role judicial branch tripartite system government schor supra quoting northern pipeline supra although parties may waive personal guarantee independent article iii adjudicator schor supra parties may waive article iii structural guarantee article iii safeguards role judicial branch tripartite system barring congressional attempts transfer jurisdiction iii tribunals purpose emasculating constitutional courts extent structural principle implicated given case parties consent cure constitutional difficulty reason parties consent confer federal courts jurisdiction beyond limitations imposed article iii article iii limitations issue notions consent waiver dispositive limitations serve institutional interests parties expected protect emphasis added citations omitted indeed problem admits easy solution decision raddatz suggests delegation article iii powers magistrate permissible ultimate determinations merits delegated matters made district judge see lthough federal magistrates act permits district give magistrate proposed findings fact recommendations weight merit commands sound discretion judge warrants delegation violate art iii long ultimate decision made district emphasis added citation omitted schor likewise emphasized availability de novo judicial review upholding performance core article iii powers article tribunal see means satisfying constitution available noted supra federal magistrates act expressly provide judicial review felony jury selection gomez expressed serious doubts whether review even possible see majority contends magistrate jury selection raises article iii structural difficulties entire process takes place district total control jurisdiction ante quoting raddatz supra however raddatz schor underscore requirement district total control jurisdiction must include availability meaningful judicial review magistrate actual rulings jury selection majority observation nothing statute precludes district providing review constitution requires ante equally unavailing critical question article iii purposes whether meaningful judicial review magistrate felony jury selection accomplished majority answer question gomez strongly suggests ignores teachings raddatz schor majority analysis article iii difficulty posed construction federal magistrates act raises question whether decisions remain good law consequence particularly unfortunate set forth coherent reading federal magistrates act avoids problems entirely dissent theme pervades act legislative history see amendments federal magistrates act enacting federal magistrates act congress clearly intended magistrate judicial officer whose purpose assist district judge end judge time preside trial cases amendments federal magistrates act without assistance furnished magistrates judges district courts devote substantial portion available time various procedural steps rather trial see also federal magistrates act intended cull workload district courts matters desirably performed lower tier judicial officers observed indictment felony trial commences least time work empanelling jury begins gomez quoting lewis quoting hopt utah moreover ury selection primary means may enforce defendant right tried jury free ethnic racial political prejudice predisposition defendant culpability gomez supra citations omitted discerned congress recognition understanding passage speedy trial act placement rules relating juries jury selection chapter federal rules criminal procedure entitled trial see gomez supra citing fed rules crim proc detect prejudices examiner often federal system must elicit prospective jurors candid answers intimate details lives must scrutinize spoken words also gestures attitudes participants ensure jury impartiality words preserved review transcript recapture atmosphere voir dire may persist throughout trial gomez supra citations omitted majority concedes magistrate jury selection may difficult judge review infallible accuracy ante dismisses concerns respect difficulty effective judicial review stating defendant eliminate need judicial review altogether simply declining consent magistrate jury selection ante rationalization misses point insofar federal magistrates act insists magistrate functions subject judicial review impossibility effective review reason construe additional duties clause authorizing magistrates conduct felony jury selection regardless whether parties consent see gomez supra gomez noted committee reports accompanying amendments magistrates act contained charts cataloging magistrate functions determining congress understanding permissible scope magistrate duties found relevant one charts mentioned jury selection see gomez citing pp needless say charts also contain mention jury selection parties consented magistrate supervision even accept majority conclusion scope magistrate authority additional duties clause turns litigant consent still accept majority assumption effective consent case additional duties clause contains language predicating delegation additional duty upon litigant consent likewise contains nothing indicating constitutes consent delegation additional duty think however standard governing party consent delegation portion felony trial additional duties clause least strict governing delegation misdemeanor trial magistrate act magistrate conduct misdemeanor trial magistrate must explain defendant right trial district judge defendant elects proceed magistrate defendant must consent writing see see also incorporating requirements federal magistrates act procedural safeguard written consent defendant show statutory intent preserve trial district judge principal rather elective alternative mode proceeding minor offense cases gomez supra quoting cong rec remarks poff case defendant consent writing fact defendant proffer consent form instead majority accepts sufficient consent merely verbal remarks made defense counsel pretrial conference jury selection see app majority seeks evade difficulty pronouncing justice blackmun concurring opinion raddatz control constitutional analysis delegation article iii duties magistrate ante justice blackmun opinion raddatz however offers little repose majority justice blackmun likewise identifies availability judicial review necessary predicate constitutionality delegation article iii duties magistrate see raddatz blackmun concurring justice scalia dissenting pretrial conference district judge assigned case asked petitioner counsel petitioner presence whether ny objection picking jury magistrate counsel responded love opportunity app conducting voir dire magistrate asked counsel consent client proceed jury selection counsel answered yes honor jury selected magistrate supervision sworn parties met district judge discuss unresolved pretrial matters neither petitioner counsel raised objection time point trial magistrate role jury selection two significant events transpired thereafter first jury convicted petitioner counts second conviction prior sentencing announced gomez holding federal magistrates act authorize magistrates conduct felony voir dire case defendant objected appeal petitioner sought raise gomez claim appeals held consent precluded raising newly discovered objection magistrate role general matter course litigant must raise issues objections trial see freytag commissioner ante scalia concurring judgment criminal proceedings federal courts principle embodied federal rule criminal procedure requires party time ruling order trial made sought mak known action party desires take party objection action grounds therefor rule command however absolute one hoariest precepts federal judicial system claim going jurisdiction may raised point litigation party see freytag ante scalia concurring judgment petitioner seeks invoke exception relying statement gomez magistrate lacked jurisdiction preside voir dire case judge easterbrook aptly observed jurisdiction term wey cert denied used gomez synonym authority technical sense involving jurisdiction judgment judgment district relevant question whether jurisdiction doubt fact may improperly delegated magistrate function performed personally goes lawfulness manner acted jurisdiction act venerable exception rule inapplicable petitioner plainly forfeited right advance current challenges magistrate role certain narrow contexts however appellate courts discretion overlook trial forfeiture important described federal rule criminal procedure criminal cases appellate may notice errors defects brought attention trial plain affec substantial rights see young petitioner contention case falls exception comes admonition rule applies errors obvious well significantly prejudicial see frady nn error alleged anything obvious time case tried second circuit held magistrate authorized conduct felony voir dire even defendant objected see garcia rev sub nom gomez circuit held error magistrate conduct voir dire defendant consented perhaps best indication plain error course five justices today hold error even error plain extraordinary circumstances exercised discretion consider claims forfeited see glidden zdanok opinion harlan grosso hormel helvering view course appropriate petitioner principal claims federal magistrates act allow district assign felony voir dire magistrate even defendant consent event consent ineffective given orally counsel writing defendant definition claims advanced litigant ordinary rules applied deemed forfeited defendant objects assigned magistrate thus invariably dismissed claims nature ground forfeiture district courts never know whether act authorizes defendant consent refer felony voir dire magistrate form consent must take cf defendant consent magistrate misdemeanor trial must writing given impediments proper assertion claims believe justified reaching statutory issue today guide district courts future performance duties must address claims legal questions require judicial answers cf valley forge christian college americans separation church state webster doe scalia dissenting simply relevant rules statutes governing forfeiture long construed recognize limited discretion eminently sensible exercise turning merits statutory claim general agreement justice marshall view gomez driven primarily constitutional problems associated forcing litigant adjudicate federal claim magistrate ordinary principles statutory interpretation specifically authorizing magistrates perform duties civil misdemeanor trials specifying manner parties express consent situations statute suggested absence authority preside felony trials unspecified mode consent canon ejusdem generis keeps additional duties clause swallowing rest statute see gomez supra therefore conclude respondent fact conceded district courts authorized federal magistrates act delegate felony voir dire magistrates reached conclusion need answer serious difficult constitutional questions raised contrary construction note however may persuasive reasons use magistrate circumstances constitutional provide today analysis turns fact courts control decision whether extent magistrates used ante constitution guarantees merely branch forced one branches let someone else exercise assigned powers none branches alienate assigned powers otherwise doctrine unconstitutional delegation legislative power delegation plausibly compelled one branches dead letter decisions schechter poultry panama refining ryan inexplicable conclude alleged error plain occasion assess prejudicial impact assuming possible cf gomez arizona fulminante