A magistrate is a judicial officer. In common law systems a magistrate usually has limited authority to administer and enforce the law. In civil law systems a magistrate magistate may be a judge of a superior court. In some jurisdictions, such as majistrate magistrate Australia, the term has become blurred as both Federal Magistrates and state magistrates have jurisdiction similar to a judge. A magistrate's court may have jurisdiction magistrates in civil cases, criminal cases, or ohio franklin county magistrates both.
- 1 Etymology
- 2 Original magistrate jackson kenhardt meaning
- 3 Continental Europe and its former colonies
- 4 Former magistrate court date wilson British Empire common law tradition
- 4.1 United magistrate ted klein Kingdom
- 4.2 Australia
- 4.2.1 Federal Magistrate
- 4.2.2 State magistrate court of muscogee county Magistrate
- 4.3 India
- 4.4 New judge susan r. walker magistrate Zealand
- 4.5 United States
- 4.5.1 Federal judicial system
- 4.5.2 State judicial systems
- 5 Other magistrate court date wilson nc traditions
- 5.1 People's Republic of magistrate robert freeman fremont county colorado China
- 5.2 Taiwan
- 6 In popular culture
- 7 Sources and references
- 8 See magistrate denied arrest warrant for abuse also
Derived from Middle ohio franklin county domestic magistrates English word "magistrat" known since c.1374, "civil officer in charge of administering laws," from Old roman magistrates French magistrat, from Latin "magistratus", from magister "master," itself from contrastive adj. from the adverbmagis "more," forest hills magistrate itself a comparative degree of magnus ("great").
In Roman antiquity, the word magistratus was created to indicate the highest offices of state, ft hood magistrate court and analogous offices magistrate office in south carolina in the local authorities such as municipium, which were subordinate only to the legislature of which they generally were marshall county magistrate office wv members, often even ex officio), and powers of magistrates in criminal cases often combined judicial and executive power, together constituting one jurisdiction. In Rome itself, the ted klein magistrate highest magustrates were members of the so-called cursus honorum -'career of honors'.
The term was maintained in most feudal successor states to the western Roman georgia magistrate court Empire, mainly Germanic kingdoms, libra magistrates courts system especially in city-states, where the term magistrate was also used as an abstract generic term, denoting the highest office, magistrate title beaufort, sc regardless of the formal titles (e.g. Consul, Mayor, Doge), even when that was actually a council. The melbourne magistrates court term "chief magistrate" applied to the highest official, in sovereign entities federal magistrate judge douglas frazier florida the head of state and/or head of government.
Continental Europe and its former magistrate court rules colonies
Under the civil law systems magistrate judge william b. dillion of European countries such as Italy, Spain, Belgium and France, "magistrate" is a generic term which comprises both prosecutors and judges (distinguished michigan magistrate as 'standing' versus 'sitting' magistrature). It should be noted that the us magistrate application legal systems of these countries us magistrate interview questions are not identical, and thus show some relevant differences in the judiciary organization.
As for Italy, the role of prosecutors and the role of appointment of us magistrate judges is radically different; they have different powers and different fulton county magistrate court responsibilities. It is true that a prosecutor can become a judge and jefferson county wv magistrate court vice versa; but this can only happen in las cruces magistrate court different stages of one's career, and never in the same trial. Anti-corruption magistrates (they actually magistrate berkely county west virginia were, or are, public prosecutors) in Italy magistrate court have in recent years played a key role in fighting criminal organizations such as the Mafia. Antonio di Pietro, Paolo Borsellino and Gherardo Colombo magistrate court hobart are among the most famous, as was Giovanni Falcone, magistrate iannuzzi who was murdered in 1992 by a Mafia bomb in Palermo. The bomb also killed magistrate theodore klein his wife and three bodyguards, and galvanized ohio magistrates Italian public opinion against the Mafia.
In Finland, a magistrate is a state-appointed local administrative officern whose pennsylvania magistrates reponsibilities include population information, public registers, enacting trade marks act 1994 section 97 complaint to magistrates as public notary and conducting civil marriages and same-sex unions.
In Mexico a Magistrado, or magistrate, is a superior judge just below the united states magistrate judge illinois Supreme Court Justices (Ministros de what is a magistrate la Suprema Corte in Mexico) in the Federal Law System and the highest ranking judge of any State. They review the cases dawson county georgia magistrate court records seen by a judge in a dekalb county magistrate court second term if any of the parties does not forest hills magistrate phone number agree with the verdict. In some special cases, there are Superior Magistrates, forest hills pa magistrate that review the verdicts of other magistrates in special Courts or Tribunals.
Former British Empire common law tradition
In the courts of England haralson county ga magistrate court docket and judge susan walker magistrate Wales, magistrates hear prosecutions for and dispose of summary offences, by making orders in magistrate diane cagle regard to and placing additional requirements on offenders. Magistrates' sentencing powers are limited, but extend to shorter periods of custody (maximum of twelve magistrate thompson franklin court months), fines, community orders which can magistrates in alabama include requirements to perform unpaid work up to 300 hours or supervision up to 3 years and or a miscellany magistrates lackawanna county of other options. Magistrates hear committal proceedings for certain offences, and establish scranton pa magistrates whether sufficient evidence exists to south carolina magistrate court rules pass the case to a higher court for trial and sentencing. Magistrates have power to pass summary offenders to higher the magistrates in charge of ?policing? ancient rome courts for sentencing when, in west virginia magistrate the opinion of the magistrate, a penalty greater than can be given in becoming a magistrate magistrates court is warranted. A wide range of other legal matters are within the remit of magistrates. In the cobb magistrate court past, magistrates have been responsible for granting licences to sell collection of fines at magistrates courts new powers alcohol, for instance, but this function is now exercised by definition of magistrate local councils though there is a right of appeal to the magistrates court. Magistrates are also district magistrate dehra dun responsible for granting search warrants to the police, therefore email for alyce farrell magistrate it is usually a requirement that they live within a certain distance of the area they preside over federal magistrate court in case they are needed to sign a warrant out of hours. (However see section 9 of the Official form 98 magistrates court Secrets Act 1911.)
There are franklin county ohio magistrate two types of magistrate in England and Wales: lay magistrates and legal professionals permanently haskell and district magistrate employed by the Department for Constitutional Affairs. The first group, known as lay Justices henry county magistrate court of the Peace, sit voluntarily (though they may receive money for costs incurred) on local benches (a colloquial and how to become a magistrate in ohio legal term for the local court), hearing lesser matters, jackson county magistrate court and are provided with advice, especially on sentencing, by a legally qualified Court Legal Adviser. However, before they jeffco magistrate john livingston can hear cases they must undergo a period of training.
The second group, julie lynch magistrate columbus professional magistrates, are nowadays known as District kinsan the magistrate Judges, although hitherto they were known as Stipendiary Magistrates lackawanna county magistrates (which is to say, magistrates who received a stipend or payment). District Judges have the authority to sit in any magistrates' court.
In Scotland, lowndes county magistrate the lowest level of law-court is presided over by a Justice of the magistrate court cases in south carolina Peace.
A Federal Magistrate occupies an office created in 1999. The Federal Magistrates' Court of Australia deals with more minor Commonwealth magistrate judge ted klein law matters which had previously been heard by the Federal Court (administrative law, magistrate mark c. english bankruptcy, consumer protection, trade practices, human rights magistrate scranton pa and copyright) or the Family Court (divorce, residence (or custody) and contact (or access) of the children, property division upon divorce, magistrates court decisions register victoria maintenance and child support). The court's name is misleading, magistrates kings rulers in that it exercises a jurisdiction well in excess of that of the state natchez ms magistrate magistrates' courts, and similar to that of the District and County courts of the nc magistrate system Australian states.
The Federal and Family Courts continue, but the oxford city magistrates court Federal Magistrates hear shorter or less complex matters or matters in which the monetary sum in disputes does not public court records magistrates court exceed given amounts. For instance property divisions where role of a magistrate in alabama the total assets are AUD $700,000 or less and consumer law matters (trade practices) where roman magistrate the amount claimed is less ron roberts magistrate than $750,000. However, in some areas, such as bankruptcy and copyright, the court south carolina magistrate has unlimited jurisdiction.
The Federal Magistrates’ Court has assumed a significant part of the walthamstow magistrates court work load of the two superior courts. By 2004/05 the court was dealing with 73% west virginia magistrate court of the total number of applications made in the three courts (see the Annual Report of the westmoreland magistrates Federal Magistrates' Court 2004/2005).
The State what is a magistrates court Magistrates in Australia derive from the English Magistrates. All Magistrates are salaried officers, and must be legally qualified and experienced to activities for kids on magistrate court be eligible to be appointed.
The jurisdiction of the affidavit federal magistrates court Magistrates varies from State to State. They preside over courts which are, allegheny county magistrates depending on the State, called Magistrates’ Courts, Local Courts anglo-saxon magistrate or Courts of Petty Sessions.
Magistrates hear bail applications, motor licensing applications, applications for orders restraining a given individual from approaching a specific person (“intervention barking magistrates court orders” or “apprehended violence barnwell county sc magistrate orders”), summary criminal matters, the least serious indictable criminal matters, and civil matters where the disputed amount does not berkley springs magistrate exceed AUD $40,000 to AUD $100,000 (depending on the State).
In some states such as brisbane magistrates court Queensland and NSW, the Magistrate may appear robed, although some Magistrates are known to prefer a business carol fouty, county magistrate cherokee county magistrate court suit. Magistrates presiding in the Murri Court (which deals with Aboriginal defendants) were originally of a mind not to appear robed; however elders within chesterfield magistrates court the Indigenous community urged Magistrates to continue wearing robes to mark child support magistrate the solemnity of the court process to defendants. Robing is being considered for Magistrates in clerkenwell magistrates court other states; however, neither Counsel nor solicitors appear robed in any Australian Magistrates' court. Robing cobb county magistrate in summary courts is unlikely to court magistrate jobs in the state of alabama extend to the legal profession.
Historically Magistrates in Australia have been referred to as “Your Worship”. court rulings by magistrate john livingston jr. (From Old English weorthscipe, meaning being worthy of district magistrate respect.) However the practice of referring to members of the magistracy as "Your Honour" federal magistrate judge frazier florida is becoming increasingly common. In many states this was to recognise the form 98 magistrates court forfeiture increasing role magistrates play in the administration of justice.
There are four categories of magistrates in India. This classification is given in forsyth county magistrate the gwinnett magistrate court calendar Criminal Procedure Code, 1973. It stipulates that in each sessions district, there shall be
- A Chief Judicial Magistrate
- Judicial Magistrates First Class;
- Judicial Magistrates homestead magistrate torkowsky Second Class; and
- Executive Magistrates
"Chief Judicial Magistrate" includes Additional Chief Judicial magistrates also. There is a Sub in latin a roman magistrate dealing with finance Divisional Judicial magistrte in every Sub Division (SDJM) although judge susan walker magistrate appointment he is technically only a Judicial Mgistrate First Class (JMFC). kanawha county wv magistrate offices Judicial Magistrates can try criminal cases. A judicial magistrate first class can sentence a person to jail for up to three magistrate court defence lawyers years and impose a fine of up to Rs 5,000. magistrate court of polk county georgia A judicial magistrate second class can sentence a person magistrate in colorado to jail for up to one year and impose a magistrate john s. bryant fine of up to Rs 3,000.
An Executive Magistrate is an officer of the magistrate judge patty shwartz Executive branch (as opposed to the Judicial branch) who is invested with specific powers under both the CrPC magistrate judge smith and the Indian Penal Code (IPC). These powers are conferred in the main by the following sections of magistrate office homestead pa. the CrPC: sections 107-110 and the relevant provisions; sec magistrate pat o'shea 133 and sec 144 and the relevant provisions, sec 145& 147 and the relevant provisions. These officers magistrate paul heaney perth cannot try any accused nor pass verdicts. A person arrested on the orders magistrate roseann hilow cuyahoga county ohio of a court located outside the magistrate thompson franklin county ohio local jurisdiction should be produced before an Executive Magistrate magistrate trevor black who can also set the bail amount for the arrested individual to avoid police custody, depending on the terms magistrate william trijille of the warrant. The Executive Magistrate magistrates association also can pass orders restraining persons from committing a particualr act or preventing magistrates court dandenong persons from entering an area (Sec 144 CrPC). There is no specific provision to order a "curfew" The Executive Magistrates magistrates court results alone are authorized to use force against people. In plain language, they alone can disperse an "unlawful magistrates courts assembly"; technically, the police is to assist the Executive Magistrate. They can magistrates in moore county nc direct the police about the manner of force mark blair uniontown pa magistrate (baton charge/ tear gas/blank fire/ firing) and also how much force should be used. They can also take the meaning of magistrate assistance of the Armed Forces melbourne magistrate court to quell a riot.
There are, in each Revenue District michael graham magistrate bedford co. virginia (as opposed to a Sessions District) the following kinds of Executive Magistrates:
- one District Magistrate (DM)
- one or national enforcement service magistrates courts more Additional District Magistrates (ADM)
- one or more Subdivisional District Magistrates (SDM)and
- Executive Magistrates
All the Executive Magistrates of the district, except palm beach county magistrate the ADM, are under the control of pennsylvania district magistrates in allegheny county the DM; for magisterial duties, the ADM reports directly to the government roles of officers of australian magistrates court and not to the DM.
These magistracies are normally conferred on the officers of the Revenue Department, although an officer can be salem magistrates appointed exclusively as an Executive Magistrate. Normally, the Collector of the district is appointed as the southport magistrates stipendiary magistrates DM. Similarly, the Sub-Collectors are appointed as the SDMs. Tahsildars and Deputy/Additional Tahsldars are appointed as Executive Magistrates.
Under the u.s. magistrates old CrPC, there was no distinction between the Executive and Judicial uniform rules state magistrate superior georgia Magistrates; some states still follow the old CrPC, eg. Nagaland; there, the Collector is also the head of the judicial branch of us magistrate charles t cunningham west virginia the waltham district court magistrate district and can pass sentences, including capital punishment, under IPC.
The position of stipendary magistrate in New Zealand was renamed walthamstow magistrates court address in 1980 to that of york county sc magistrate court district court judge. The position was often known simply as magistrate, or the postnominal initials SM after aiken county magistrate court a magistrate's name in newspapers' court reports.
In the late 1990s, a position anglo saxon magistrate of community magistrate was created for district courts on a application for forfeiture to magistrates trial basis; two community magistrates were initially required to sit to application to become a magistrate consider a case. Some of these community magistrates are still serving.
Magistrates are somewhat less common beaufort county magistrate in the United States than in Europe, but the position bernalillo magistrate curt does exist in some jurisdictions.
The term "magistrate" is often used (chiefly in judicial opinions) as a generic bethel park distrcit magistrate term for any independent judge who is capable of issuing warrants, reviewing arrests, etc. biography magistrate judge patricia schwartz When used in this way it does not denote a judge with a particular office. Instead, bruce rutland magistrate it denotes (somewhat circularly) a judge or judicial officer who is cairns magistrate court hearings capable of hearing and deciding a particular matter. That capability is defined by statute cannock magistrates court or by common law.
As noted above, the terms "magistrate" cases in the magistrates court or "chief magistrate" was sometimes used in the early days of the republic to refer chief magistrate judge, eastern district california to the President of the United States, as in President John Adams's city of wesminister magistrates court message to the U.S. Senate upon the death of George Washington: "His example is now complete, and it city of westminster magistrates court will teach wisdom and virtue to magistrates, citizens, cobb county magistrate court and men, not only in the present age, but in future generations, as long as our history complaint to magistrates procedure shall be read" (December 19, 1799).
Federal judicial system
In the United States federal complaint to magistrates procedure england court system, a magistrate is a judicial officer authorized by court case summaries lyndhurst magistrates 28 USCS §§ 631 et seq. Magistrate judges are appointed court of common pleas julie lynch magistrate thompson by the life-term federal district judges of a coweta county magistrate court particular court, serving terms of eight years if full-time, or four years if part-time, and may be reappointed. Magistrate judges issue warrants, handle criminal cases heard in the magistrate court lesser criminal cases, arraignments, sentencing, cumberland county north carolina magistrates habeas corpus cases not involving death sentences, social security appeals, and curry county magistrate court records new mexico marriage certain kinds of civil cases where the parties have consented to a magistrate handling the case. The Supreme Court has also held that dawson county georgia magistrate court federal magistrate judges may supervise the selection of a jury dc magistrate court in a felony trial if the parties consent. All decisions defence lawyers role in the magistrates court of a magistrate judge are subject to review and either approval, modification or reversal by a district judge of defence lawyers role in the magistrates court in auatralia that court, except in civil cases where the parties consent in advance disqualifying a magistrate florida to allow the magistrate district magistrate scranton pa judge to exercise the jurisdiction of the district judge.
Magistrates did not exist in U.S. federal courts until 1968, when the office of "United States commissioner" was district magistrates perry county, pa restructured duties of a magistrate and renamed to allow district judges to focus on major cases, relegating lesser matters and "minor offenses" to fayette county georgia magistrate be handled by magistrates. In 1979, Congress expanded federal magistrates court act federal magistrates' authority to include all misdemeanors recognized by the federal criminal code. fingleton magistrate Magistrates' titles changed again in 1990, when they became "magistrate judges," symbolizing the ever-increasing importance of their work. The system has worked relatively free legal advice for magistrates courts uk well in the last 30 fulton county magistrate judges years, and has tended to shift the federal courts' caseload to the desired balance. Some legal observers have ga magistrate court rules criticized the increasing powers of magistrate judges, who are ga magistrate judge by county neither appointed by the President nor confirmed by the Senate. Nevertheless, with the caseload of the federal courts increasing steadily, it is gary childers magistrate likely that magistrate graham county arizona magistrate court judges will continue to wield considerable authority.
State judicial systems
In many state judicial systems in the United States, magistrate courts are the hancock county magistrate successor to Justice of the hawaii federal magistrate and dwayne chapman Peace courts, and frequently have authority to handle the trials of civil cases up to a certain dollar amount hillsboro county magistrate court at issue, applications for bail, arrest and search hillsborough county magistrate court florida warrants, and the adjudication of petty or misdemeanor criminal history of magistrates court in victoria offenses.
In Ohio, for instance, magistrates are appointed by the judges of many municipal courts, how long can a magistrate court delay my case georgia domestic relations and juvenile courts, and some courts of appeals and common how to become a magistrate pleas courts. In addition, to avoid any conflict of interest, most idaho magistrate judge william b. dillion communities with mayor's courts have magistrates preside over sessions, rather than the mayors themselves. Ohio magistrates do virtually everything judges do. As in the federal jefferson county magistrate court west virginia courts, however, their actions are subject to review and judges and magistrates in michigan either approval, modification or reversal by kanawha county magistrate court judges of their court. The exception is mayor's court magistrates, whose decisions are reviewed by either the county or municipal court kentucky county magistrate duties of the county in which the community is located.
In Georgia, on the other hand, each kuala lumpur magistrate court county has a las cruces magistrate court schedule chief magistrate, elected by the voters of the county, who has the authority to hold preliminary hearings in las cruces nm magistrate court phone criminal cases, grant bail (except as to very serious felony charges), and law of magistrate preside over a small claims court for cases where the amount in controversy luzerne county magistrates does not exceed $15,000. In some counties the chief magistrate luzerne county, pa magistrate forms may be authorized to appoint one or more additional magistrates to assist magistrate altenburger in carrying out the chief magistrate's duties. Magistrates in Georgia are not required to be licensed attorneys, but magistrate charles t cunningham they often are. Some counties have both attorneys magistrate citizen times.com barking dogs can result in fine and non-attorneys on the magistrate court bench.
People's Republic of magistrate civil protection order ohio China
Magistrate, or chief magistrate, is also a common Chinese translation of xianzhang (縣長 "county leader") the political head of a county. The translation magistrate court aiken county south carolina dates from imperial China magistrate court fulton county georgia in which the county magistrate was the lowest official in the imperial Chinese bureaucracy magistrate court jefferson county west virginia and had judicial in addition to administrative functions.
In Mainland China, the county magistrate is technically elected by the magistrate court master texas duties local people's congress but in fact is appointed by the magistrate court of fulton county Communist Party. Although there have been some elections at the lower township level, these elections (with one exception, which was magistrate courts greenville sc magistrate cout of appeals considered irregular and illegal) have not extended up to the county level. Although not an important official, county magistrates, magistrate damon dawson ohio particular in rural areas, can sometimes have a strong impact magistrate david mieier on the lives of ordinary people by enforcing central government regulations, or by turning a blind eye to their violation.
On Taiwan, magistrate gourt , georgia the county magistrate elections are heavily and sometimes bitterly contested, and magistrate herschel mullins are often magistrate hodges a stepping-stone to higher office. County magistrate elections were first open to election in the 1960s and, before magistrate humphrey and wv the end of martial law in 1991, were magistrate indianapolis the highest elected position of any real power and hence the focus of election campaigns by the magistrate john livingston Tangwai movement.
In popular culture
- British humorist P.G. Wodehouse wrote in one of his Jeeves and Wooster stories, magistrate judge mike reardon "Jeeves and the Feudal magistrate judge nancy johnson Spirit" (1955), "Well, you know what magistrates are. The lowest form of pond life. When magistrate judge roger cosbey a fellow hasn't the brains and initiative to sell jellied eels, they make him magistrate judge william b dillion boise idaho a magistrate." Bertie Wooster often appeared before magistrates when he was magistrate judicial misconduct violation civil rights arrested for minor offenses.
- A plump and foolish magistrate is a key character in Amy Tan's children's book (and the related PBS television show) Sagwa, the magistrate kleckner summit county magistrate listing in penn hill pa Chinese Siamese Cat.
- Black-armored Magistrates represent forces of brutal repression in the Outlanders series by Mark magistrate negi magi Ellis aka James Axler.
- In the popular online realtime strategy game StarCraft, players in the Terran magistrate office in hawaii campaigns are often referred to as "Magistrates."
Sources and references
- Chief magistrate
- Police magistrate
- Resident magistrate
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