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SCOTUS holds that counsel has full authority to consent to a magistrate judge supervising jury selection

By Bill Watkins, Esq.

In Gonzalez v. United States, SCOTUS dealt with the decisionmaking authority of counsel in jury selection. The question presented was whether it suffices for counsel alone to consent to the magistrate judge?s role in presiding over voir dire and jury selection or whether the defendant must give his or her own consent. Petitioner's counsel consented to a magistrate judge supervising jury selection and later Petitioner contended that it was error not to obtain his own consent to the Magistrate Judge's presiding at voir dire. SCOTUS held that there was no error and hold that petitioner?s counsel had full authority to consent to the Magistrate Judge?s role.

Full post as published by South Carolina Appellate Law Blog on May 29, 2008 (boomark / email).