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

noun arbitrator, assessor, judge, jurist, justice, legist, moderator, officer, official
See also: bench, caretaker, judge, jurist

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 ?
Based in part on the results of the thermal scan, a federal magistrate issued a warrant to search Kyllo's home.
An editor and a former reporter for The Cincinnati Enquirer aren't obligated to reveal the identities of the confidential sources used in stories about the Chiquita banana company that the paper later retracted, a federal magistrate ruled in early August.
FBI spokesman Matt McLaughlin said he was expected to appear before a federal magistrate.
1) a Federal magistrate judge orders the person to be removed to the United States to be present at a detention hearing held pursuant to [18 U.
Attorney Robert Stickney asked a federal magistrate to drop the charges.
At one point, the group was hit with sanctions by a federal magistrate over its reluctance to comply.
34) Three years later, Congress passed the Federal Magistrate Act of 1979, which authorized magistrates, upon written consent of the parties, to conduct civil trials and to enter final judgments.
The attorneys recently obtained federal magistrate approval for the 800 number, and have received "several hundred" calls, according to Jollee Faber, with the law firm.
Instead, they can expect to pay a fine or appear before a federal magistrate who will be asked to give them the maximum penalty, which for most misdemeanor offenses can be a fine of up to $500 and / or six months in jail.
After looking into exactly who had jurisdiction over the crimes, the BIA eventually decided that the woman could file a complaint with the federal magistrate in Flagstaff, almost 200 dusty miles from her home.
as he entered the Hartford courthouse, taken before a Federal magistrate and belatedly charged with resisting arrest in 1985.
A federal magistrate judge in Tennessee told Chevron yesterday that he would sharply limit any further discovery of a scientific consultant for the Amazonian communities suing for the clean-up of what is believed to be the world's worst oil-related disaster, according to court papers in the case.

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