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Home > Blogs > Dayton Courts: Legal and crime news > Archives > 2010 > August > 06 > Entry
Federal magistrate Merz will retire, then work for free
DAYTON — They’ve posted his job, he’s selected a retirement date, but U.S. Chief Magistrate Judge Michael R. Merz isn’t going anywhere yet.
“I’m not ready to hang it up yet,” said Merz, who will work for free while he collects his pension.
Call it single-dipping, but Merz said laughing “I call it volunteering.”
Merz, has been a magistrate since 1984. His retirement date will be March 29, which will be his 66th birthday. But Merz has been approved for “recall status,” by the district court and appeals court judges for the year until March 29, 2012.
Magistrates are appointed by the judges. They conduct most preliminary proceedings in criminal cases and handle most federal misdemeanor cases up to final disposition. Merz, a Republican who previous served as a Dayton Municipal Judge, was appointed by U.S. Senior Judge Walter H. Rice, a Democrat.
Under recall status, Merz can cut back his workload, though he said he still plans to work full-time, and the government will continue to fund his current staff. However, he will not be paid, meaning that his job can be posted, and the magistrate work in Dayton can be shared among three magistrates instead of the current two, Merz and Sharon L. Ovington.
Merz said he plans to focus more on habeas corpus issues, particularly capital cases. In recent years, he has served as the court’s coordinator for death penalty appeals for both Cincinnati and Dayton.
The posting for the magistrate’s position has a closing date of Sept. 24. The salary will be $160,080.
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