Legal Definitions - United States Commissioner

A United States Commissioner was a judicial officer who served in the federal court system of the United States, primarily before 1968. These commissioners were responsible for performing various preliminary judicial functions in federal criminal cases. Their role was to assist federal district judges by handling many of the initial procedural steps, such as issuing arrest warrants, setting bail, conducting initial appearances, and holding preliminary hearings. This helped to streamline the judicial process. The functions previously performed by United States Commissioners are now largely carried out by United States Magistrate Judges.

Here are some examples illustrating the role of a United States Commissioner:

• Issuing an Arrest Warrant: In the 1950s, if federal agents investigating a case of mail fraud gathered sufficient evidence to believe a specific individual had committed the crime, they would present this evidence, often in the form of a sworn affidavit, to a United States Commissioner. The Commissioner would then review the evidence to determine if there was probable cause to believe a federal crime had occurred and that the named individual committed it. If satisfied, the Commissioner would issue an arrest warrant, legally authorizing law enforcement to take the suspect into custody.

• Setting Bail Conditions: Imagine a scenario in the early 1960s where an individual was arrested by federal marshals for a federal drug trafficking offense. Following their arrest, the defendant would be brought before a judicial officer for an initial appearance. A United States Commissioner would preside over this proceeding and determine whether the defendant could be released from custody pending trial. The Commissioner would assess factors such as the severity of the alleged crime, the defendant's ties to the community, and their potential flight risk, then set an appropriate bail amount or other conditions for release.

• Conducting a Preliminary Hearing: Consider a situation in the late 1940s where a person was arrested on suspicion of espionage, a serious federal crime. Before the case could proceed to a grand jury indictment or a full trial, a preliminary review of the evidence was often required. A United States Commissioner would conduct a preliminary hearing. During this hearing, the Commissioner would hear testimony and review evidence presented by the prosecution to determine if there was sufficient probable cause to believe that a federal crime had been committed and that the arrested individual committed it. This hearing was a critical step to ensure a legal basis for continuing the prosecution.