Also known as: special master · special master's
Written by attorneys · grounded in primary & secondary sources — see below
A court-appointed individual who assists the court by performing specific tasks such as conducting hearings, making findings of fact, resolving fee disputes, or managing ancillary proceedings. The appointment occurs under statutes or rules that authorize referral of discrete matters without transferring core judicial power. Compensation and procedures follow the governing rule or order of appointment.
Simon Stern contributed the maximum amount to the attorney general's campaign one week before the office issued an RFP for outside counsel in a major enforcement action. Stern's firm then submitted a proposal and was selected to serve as special master in related proceedings. The timing and amount of the contribution support an inference that the funds were given to obtain the appointment.
The Senate appointed a special master to take testimony from witnesses and compile a factual record in an impeachment proceeding against a federal judge. The master submitted findings and recommendations but did not vote on removal. The Senate used the report to structure its deliberations while retaining final authority over the outcome.
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A district judge designated a magistrate judge to serve as special master in a civil suit brought by residents against a state institution after the parties consented. The master conducted hearings on compliance issues and recommended remedial measures. The court reviewed the recommendations de novo before entering any order.
After a jury found infringement, the district court referred the post-trial accounting of damages and royalties to a special master. The master held evidentiary hearings and issued a report calculating past losses and a running royalty rate. The court adopted the report after reviewing objections from both parties.
A bankruptcy court referred a contract dispute that formed the heart of the debtor's reorganization to a special master for proposed findings. The master conducted a trial and submitted recommendations on liability and damages. The district court reviewed the recommendations before entering final judgment.
A district court appointed a special master to oversee development of a plan to remedy unconstitutional school segregation after liability was established. The master collected evidence from the parties and proposed boundary changes and transportation measures. The court reviewed and modified the proposals before issuing an injunction.
Federal Rule of Civil Procedure 54(d)(2)(D) permits referral of attorney's fee issues to a special master under Rule 53 without the usual limitations of Rule 53(a)(1). The court may also refer the amount of a fee award to a special master or magistrate judge under Rule 23(h)(4).
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Rule 7.6 prohibits a lawyer from accepting appointment by a judge if the lawyer or firm made or solicited political contributions for the purpose of obtaining or being considered for that appointment. Purpose is determined by examining whether the contributions would have been made but for the desire to obtain the position.
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28 U.S.C. § 1605A(e)(1) allows federal courts to appoint special masters to hear damage claims under that section. The Attorney General must transfer funds to cover the costs of any such appointments under § 1605A(e)(2).
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28 U.S.C. § 636(b)(2) permits designation of a magistrate judge to serve as special master in any civil case upon consent of the parties without regard to the limitations of Rule 53(b). Absent consent, the usual Rule 53 requirements apply.
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…compensatory damages for some 9,541 class members were calculated by selecting 137 claims at random, referring those claims to a special master for valuation, and then extrapolating the validity and value of the untested claims from the sample set. See 603 F. 3d, at 625–626. The Court of Appeals “s[aw] no reason why a similar…