Ernie on the use of magistrate judges and summary judgment motions

Ernie the Attorney has this post regarding the use of magistrate judges in his ongoing "law clerk" chronicles.

Ernie asks: "But why would a district judge routinely refer dispositive motions to a magistrate for decision? Whoever loses the motion before the magistrate is probably going to appeal to the district judge, who will have to conduct de novo review of the merits of the motion. This practice seems like a complete waste of everyone's time: the litigants, the lawyers, and the magistrate."

Ernie goes on to say that his judge would not grant motions for partial summary judgment unless they were sure-fire winners or unless they would save time at trial. Of course, all of my motions meet that standard.

Then again, maybe not. One time I filed for summary judgment on some issue about 10 years ago and when the judge wouldn't rule I told him I needed to at least know which way the wind was blowing, a figure of speech which was very poorly received. On the top 10 list of stupidest things I've said or done as a lawyer, that would make the list.