Magistrate

A magistrate is a judicial officer with limited authority to administer and enforce the law. A magistrate's court may have jurisdiction in civil or criminal cases, or both.

In the United States

Magistrates are somewhat less common in the United States than in Europe, but the position does exist in some jurisdictions.

Related Topics:
United States - Europe

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The term "magistrate" is also used (chiefly in judicial opinions) as a generic term for any independent judge who is capable of issuing warrants, reviewing arrests, etc. When used in this way it does not denote a judge with a particular office. Instead, it denotes (somewhat circularly) a judge or judicial officer who is capable of hearing and deciding a particular matter. That capability is defined by statute or by common law.

Related Topics:
Judge - Warrant - Arrest - Statute - Common law

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Federal judicial system

In the United States federal court system, magistrate judges are appointed by the life-term federal district judges of a particular court, serving terms of eight years if full-time, or four years if part-time, and may be reappointed. Magistrate judges handle lesser criminal cases, arraignments, and certain kinds of civil cases. Felonies are typically handled by district judges, as are civil jury trials unless all of the parties to a case agree that the magistrate judge may preside over it. All decisions of a magistrate judge are subject to review and approval, modification or reversal by a district judge of that court, except in civil cases where the parties consent in advance to allow the magistrate judge to exercise the jurisdiction of the district judge.

Related Topics:
United States - District judges

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Magistrates didn't exist in U.S. federal courts until 1968, when the office of "United States commissioner" was restructured and renamed to allow district judges to focus on major cases, with lesser matters handled by magistrates. Magistrates' titles changed again in 1990, when they became "magistrate judges," symbolizing the ever-increasing importance of their work. The system has worked relatively well in the last 30 years, and has tended to shift the Federal courts' caseload to the desired balance. Some legal observers have criticized the increasing powers of magistrate judges, who are neither appointed by the President of the United States nor confirmed by the United States Senate. Nevertheless, with the caseload of the Federal courts increasing steadily, it is likely that magistrate judges will continue to wield considerable authority.

Related Topics:
President of the United States - United States Senate

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State judicial systems

In many state judicial systems in the United States, magistrate courts are the successor to Justice of the Peace courts, and frequently have authority to handle the trials of civil cases up to a certain dollar amount at issue, applications for bail, arrest and search warrants, and the adjudication of petty or misdemeanor criminal offenses.

Related Topics:
United States - Justice of the Peace - Bail

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In Ohio, for instance, magistrates are appointed by the judges of many larger municipal, domestic relations and juvenile courts, and some common pleas courts. Such magistrates do virtually everything judges do. As in the federal courts, their actions are subject to review and approval, modification or reversal by judges of their court.

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In Georgia, on the other hand, each county has a chief magistrate, elected by the voters of the county, who has the authority to hold preliminary hearings in criminal cases, grant bail (except as to very serious felony charges), and preside over a small claims court for cases where the amount in controversy does not exceed $15,000. In some counties the chief magistrate may be authorized to appoint one or more additional magistrates to assist in carrying out the chief magistrate's duties. Magistrates in Georgia are not required to be licensed attorneys, but they often are. Some counties have both attorneys and non-attorneys on the magistrate court bench.

Related Topics:
Georgia - County - Small claims court

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