magistrate

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Magistrate

Any individual who has the power of a public civil officer or inferior judicial officer, such as a Justice of the Peace.

The various state judicial systems provide for judicial officers who are often called magistrates, justices of the peace, or police justices. The authority of these officials is restricted by statute, and jurisdiction is commonly limited to the county in which the official presides. The position may be elected or appointed, depending on the governing state statute. The exact role of the official varies by state; it may include handling hearings regarding violations of motor vehicle codes or breaches of the peace, presiding over criminal preliminary hearings, officiating marriages, and dispensing civil actions involving small sums of money.

U.S. magistrates are judicial officers appointed by the judges of federal district courts pursuant to the United States Magistrates Act (28 U.S.C.A. §§ 631 et seq.), enacted in 1968. This act was designed to reduce the workload of federal courts by replacing the old system of U.S. commissioners with a new system of U.S. magistrates. U.S. magistrates can perform more judicial functions than could U.S. commissioners. Federal magistrates may be assigned some, but not all, of the duties of a federal judge. They may serve as special masters (persons appointed by the court to carry out a particular judicial function on behalf of the court), supervise pretrial or discovery proceedings, and provide preliminary consideration of petitions for postconviction relief. U.S. magistrates generally may not decide motions to dismiss or motions for Summary Judgment, because these motions involve ultimate decision making, a responsibility and duty of the federal courts. However, if all the parties to a case agree, a federal magistrate may decide such motions and may even conduct a civil or misdemeanor criminal trial. Federal magistrates are not permitted to preside over felony trials or over jury selection in felony cases.

magistrate

n. 1) a generic term for any judge of a court, or anyone officially performing a judge's functions. 2) In a few states, an officer of the court at the lowest level which hears small claims lawsuits, serves as a judge for charges of minor crimes, and/or conducts preliminary hearings in criminal cases to determine if there is enough evidence presented by the prosecution to hold the accused for trial. 3) in Federal Courts, an official who conducts routine hearings assigned by the federal judges, including preliminary hearings in criminal cases. (See: judge, justice of the peace, preliminary hearing)

magistrate

an inferior judge. In England and Scotland, they are primarily lay posts filled by ordinary members of the public. Stipendiary magistrates are qualified lawyers who hold the post in the busiest courts.

MAGISTRATE, mun. law. A public civil officer, invested with some part of the legislative, executive, or judicial power given by the constitution. In a narrower sense this term includes only inferior judicial officers, as justices of the peace.
     2. The president of the United States is the chief magistrate of this nation; the governors are the chief magistrates of their respective states.
     3. It is the duty of all magistrates to exercise the power, vested in them for the good of the people, according to law, and with zeal and fidelity. A neglect on the part of a magistrate to exercise the functions of his office, when required by law, is a misdemeanor. Vide 15 Vin. Ab. 144; Ayl. Pand. tit. 22; Dig. 30, 16, 57; Merl. Rep. h.t.; 13 Pick. R. 523.

References in periodicals archive ?
The author (at [10.15], p 298) notes that in Phillips v Australian Girls' Choir Pty Ltd [2001] FMCA 109 the then Federal Magistrates Court applied a modified version of the test enunciated by Wilcox J in the Hunter Valley Developments case in relation to an application under s 44(2A)(a) of the AAT Act for an extension of time in which to seek an extension of time for judicial review of a decision.
(AP) -- A federal magistrate has denied former state Rep.
The experts included: Honorable Supreme Court Justice Nizamidin Azimjanov from Kyrgyzstan; Judge Nikita Kolokolov, retired Supreme Court judge from Russia; Judge Ellen Best, a Criminal Court Judge from Germany; Judge Justo Arenas, Federal Magistrate Judge from Puerto Rico, USA.The workshop was intended as a hands-on training on newly-enacted amendments to the Criminal Procedure Code of Kyrgyzstan, which are compliant with the United Nations International Covenant on Civil and Political Rights (ICCPR).
Jurors reached their decision following five days of testimony before Federal Magistrate Jeff Kaplan.
Proceedings in state court in Minnesota have been stayed because of the expanded settlement, reached in mediation conducted before a federal magistrate judge in Minneapolis.
Among its acclaimed locals are poet Nikki Giovanni and William Henry Hastie, the first African American federal magistrate judge and governor of the U.S.
Steven Green, a 21-year-old former private who was discharged from the Army, appeared in a federal magistrate's courtroom in Charlotte.
Crawford's lawyer Barbara Van Gelder told a federal magistrate in a court hearing conducted by phone that she would tell him to invoke his Fifth Amendment rights against compelled self-incrimination if asked to respond to questions about his actions as FDA commissioner, the New York Times reported.
The man was convicted by a federal magistrate of violating an FAA order and was fined USD500.
A federal magistrate recommended that summary judgment be entered for the defendants and the inmate filed objections.
During sentencing in Charleston, W.Va., federal Magistrate Judge Mary E.

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