LAW 794 Lecture Notes - Lecture 3: Sua Sponte
30 Mar 2020
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Document Summary
Where congress creates a cause of action (preference suits) Non-bk (state law) cause of action if traditionally considered a summary matter. In traditional plenary suits, parties may consent to final judge by bk judge. Magistrate can issue findings of fact and recommendations, but judgments reviewable de novo by art iii judge. Bk judges under code apparently not subject to sufficient control. Subject to very normal, deferential "clearly erroneous" standard of review. Under act, dist courts could w/draw reference sua sponte. Under code, dist court could not remove a case once referred. Changed relationship b/t dist court and referees as defined by act. If d consents, it creates fed jdx and permits referee to enter final judgment in a summary proceeding. One branch increasing its power over another (pres appointing bk judges) Little evidence congress/pres trying to leverage bk judges or improperly interfering, so jdx by consent not really a concern. Judicial independence, not subject to any improper influence.
