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Topic: Magistrate

In the News (Wed 22 May 13)

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	Magistrate Information Pamplet
		Magistrates are given the authority to accept prepayments for certain traffic and minor misdemeanor violations such as speeding and unlawful swearing and cursing.
		Magistrates or judges may issue this order if they find reasonable grounds to believe that a person has committed an assault and battery or an act of family abuse against a family or household member and there is probable danger of further acts of family abuse.
		In this order, the magistrate may: prohibit the abuser from committing further acts of assault and battery; grant possession of the residence to the victim to the exclusion of the abuser; and prohibit all contact between the abuser and the victim.
	www.courts.state.va.us /mag/page1.htm (2007 words)

	West Virginia's Magistrate Courts - Courts of Limited Jurisdiction (Site not responding. Last check: 2007-10-26)
		There are 158 magistrates statewide, with at least two in every county and 10 in the largest county.
		Magistrates issue arrest and search warrants, hear misdemeanor cases, conduct preliminary examinations in felony cases, and hear civil cases with $5,000 or less in dispute.
		Magistrates run for four-year terms in partisan elections.
	www.state.wv.us /wvsca/magistrate.htm (102 words)

	Judicial Branch of Georgia :: Magistrate Courts
		Magistrates may grant bail in cases where the setting of bail is not exclusively reserved to a judge of another court.
		The chief magistrate of each county assigns cases, sets court sessions, appoints other magistrates (with the consent of the superior court judges) and sets policy for the magistrate court.
		To qualify as a magistrate, an individual must reside in the county for at least one year preceding his or her term of office, be 25 years of age, and have a high school diploma or its equivalent.
	www.georgiacourts.org /magistrate.html (261 words)

	Federal Judicial History \| Magistrate Judges: a brief history (Site not responding. Last check: 2007-10-26)
		Magistrate judges serve as judicial officers of the U.S. district courts and exercise the jurisdiction delegated to them by law and assigned by the district judges.
		Magistrates were also allowed to preside over all misdemeanor trials as long as the defendants waived their right to a trial before a district judge.
		The number of magistrate judgeships is determined by the Judicial Conference of the United States, on the advice of district judges, the circuit councils, and the Administrative Office of the U.S. Courts, and is subject to congressional funding of the requested positions.
	www.fjc.gov /history/home.nsf/page/magistrate_judges (580 words)

	BBC - The Law Essential Guides - Becoming a Magistrate (Site not responding. Last check: 2007-10-26)
		Magistrates, otherwise known as justices of the peace (JPs) sit in the magistrates' court, hearing mainly criminal cases.
		While the stereotype of a magistrate is of a middle-class, middle-aged person, the government is keen to broaden the pool of experience from which magistrates are drawn, and wants to recruit people from more diverse backgrounds.
		The Lord Chancellor appoints magistrates on behalf of the Queen, except in Lancashire, Greater Manchester and Merseyside where, for historical reasons, appointments are made by the Chancellor of the Duchy of Lancaster.
	www.bbc.co.uk /crime/law/becomingamagistrate.shtml (1150 words)

	Marshall University Student Affairs
		The magistrate court is the first of three levels of courts in West Virginia; the second level is the Circuit Court and the highest level is the Supreme Court of Appeals.
		Magistrates are not required to be attorneys or have either a law degree or a college degree.
		Magistrates may hear almost all civil actions in which someone sues for money, damages or the return of personal property where the amount involved is $5,000 or less.
	www.marshall.edu /student-affairs/sections/handbook/magistrate.html (2067 words)

	Municipal Court of Seattle Magistrates
		Magistrates are expected to perform their assigned duties and responsibilities in a timely and efficient manner, consistent with law, and with appropriate judicial demeanor and respect for the rights of court participants and court personnel.
		Magistrates are further expected adhere to the Code of Judicial Conduct and to the Code of Conduct for Employees of Municipal Court.
		Failure to magistrate to fulfill any of his or her duties or responsibilities, as determined in the judgement and discretion of presiding judge, may result in disciplinary action including termination of employment.
	www.seattle.gov /courts/judmag/magistrate.htm (193 words)

	Romney magistrate candidate withdraws - Local News Updates - The Boston Globe
		Governor Mitt Romney's nominee for a top magistrate's position in the Housing Court abruptly withdrew his name from consideration today, amid revelations that he had been reprimanded for sexually harassing a female coworker six years ago.
		Romney had been under increasing pressure to withdraw the nomination since last week, when Carreiro acknowledged that as an assistant clerk magistrate in the Southeast Division of the Housing Court, he had been reprimanded for telling a female coworker that he wanted her to give him a lap dance.
		Governor's councilors said they were angry that he had not disclosed the reprimand on questionairres they had sent him prior to his confirmation hearing.
	www.boston.com /news/globe/city_region/breaking_news/2006/12/romney_magistra.html (327 words)

	The Office of Magistrate (Site not responding. Last check: 2007-10-26)
		If, after examination of these facts, magistrates are not reasonably sure that the accused will appear for trial, the magistrates, in their discretion, will requite the execution of a bail bond with surety in a reasonable amount and may impose such other conditions deemed reasonably necessary to insure appearance at trial.
		Magistrates have the authority to issue emergency custody orders upon a finding of probable cause that a person is mentally ill and in need of hospitalization.
		Magistrates or judges may issue this order if they find reasonable grounds to believe that a person has committed an assault and battery against a family or household member, and that there is probable danger of a further offense.
	www.loudoun.gov /government/magistrate.htm (1880 words)

	An Interview with Magistrate Judge Joel B. Rosen
		He was appointed a magistrate judge in the U.S. District Court for the District of New Jersey in 1987.
		In certain districts, magistrate judges are on the “wheel” for direct assignment of civil cases to dispose of with the consent of the parties.
		Magistrate judges’ duties have evolved and changed in large part as a function of the changing volume and contours of work in the district courts.
	www.uscourts.gov /ttb/aug99ttb/interview.html (1442 words)

	Cobb County Magistrate Court - Judge Frank R. Cox, Chief Magistrate
		Cobb County has one of the largest Magistrate Courts in Georgia and is one of the very few courts in the United States that operates 24 hours a day.
		One of the primary responsibilities of this court is to issue arrest warrants followed by the determination of probable cause in criminal cases.
		The Magistrate Court does not determine guilt or innocence except in county ordinance violations and small claim cases.
	magistrate.cobbcountyga.gov /index.htm (148 words)

	Civil & Magistrate Court
		Office of the Clerk of Civil and Magistrate Court serves both the court system and the general public by overseeing the filing and handling of civil claims and pleadings, garnishment payouts, county ordinance violations, warrant application and issuance, and all manner of thing incident to the operation of the court.
		Magistrate Court is a court of limited jurisdiction in which suits addressing an amount in controversy of $15,000 or less are heard.
		Although Magistrate Court was designed for unrepresented (pre se) litigants, and the rules of civil procedure do not apply, that body of law known as the rules of evidence does apply.
	www.augustaga.gov /departments/civil_magistrate/home.asp (406 words)

	Magistrate Court
		Magistrate's Court cases are heard and decided by a judge without a jury.
		The plaintiff must file a sworn statement with the Clerk of the appropriate Magistrate's Court describing the charges made by the plaintiff against the defendant.
		The Clerk of the Magistrate's Court can help the plaintiff complete the necessary forms, but cannot give the plaintiff any legal advice, such as whom to sue or whether or not the plaintiff will win.
	www2.state.ga.us /GaOCA/magistra1.htm (1442 words)

	Interview—Committee Chair is Link to Magistrate Judges' System
		With circuit council approval, a magistrate judge is recalled for a specified interval, receiving for that period the difference between his or her annuity and the current salary of a magistrate judge position.
		The magistrate judge has the authority, the knowledge of the case, the judgment and neutrality, without the complication of being the ultimate decision-maker, to be extremely effective in bringing civil cases to amicable resolution.
		A: Magistrate judges now serve on 15 Judicial Conference committees, and the Judicial Conference at its March session approved the recommendation of the Magistrate Judges Committee and the Bankruptcy Committee that a magistrate judge and a bankruptcy judge be invited to attend future sessions in a non-voting capacity.
	www.uscourts.gov /ttb/may04ttb/interview (1325 words)

	Magistrate - Wikipedia, the free encyclopedia
		This was partly to recognise the increasing role magistrates play in the administration of justice, but also to recognise the archaic nature of "Your Worship" and the tendency for witnesses and defendants to incorrectly use "Your Honour" in any event.
		In South Carolina, magistrates are appointed to four-year terms by the Governor upon the advice and consent of the Senate.
		Magistrates are referred to by the litigants and lawyers that appear before them as "Judge" or "Your Honor." The South Carolina Constitution guarantees defendants the right to a trial by jury on all criminal charges.
	en.wikipedia.org /wiki/Magistrate (3042 words)

	Cobb County Magistrate Court - Judge Frank R. Cox, Chief Magistrate
		If your claim exceeds $15,000.00 principal, the Magistrate Court does not have jurisdiction (the legal authority) to hear your case, and it must be filed in another court; such as, State Court or Superior Court.
		Certain types of cases cannot be filed in Magistrate Court, regardless of the amount in recovery being sought, such as, divorce and family matters and any case in which the Court would be called upon to decide who is the legal owner of real estate.
		If you file a case in Magistrate Court over which the Court does not have jurisdiction or where venue is improper, the case will be transferred to a court that does have jurisdiction.
	magistrate.cobbcountyga.gov /smallclaims.htm (3283 words)

	MAGISTRATE
		Magistrate Richard A. Bernat is the only magistrate serving the Hamilton County Court of Common Pleas, General Division, pursuant to Local Rule 23.
		All general orders of reference refer cases to the magistrate until judgment, including a magistrate's decision on all cases wherein a jury demand has not been made and in those cases where a jury demand has been made and the parties consent to a trial by jury with the magistrate presiding.
		The magistrate handles arraignment and extraditions pursuant to Local Rule 7.
	www.hamilton-co.org /Common_Pleas/magistrate.htm (258 words)

	Lee County, Georgia \| Departments \| Magistrate Court
		The Chief Magistrate of the Magistrate Court is elected by the voters for four year terms.
		The Constitution mandated the Magistrate Court to replace the Justice Courts and a variety of small claims courts or limited jurisdiction courts that were known by a variety of different names.
		The only cases in which the Magistrate Court adjudicates guilt or innocence is in misdemeanor bad check cases (checks in the amount of $499.99 or less), failure to attach and display a county tax decal on mobile homes and county ordinance violations.
	www.lee.ga.us /departments/e_magistrate.html (1219 words)

	Code Enforcement - Rules of Special Magistrate Hearings
		Additionally, where provided and authorized in the Brevard County Code, the Special Magistrate may authorize the County to repair the violation and the cost of repairs may also be included along with the fine.
		If the County prevails in enforcing the case before the Special Magistrate, it shall be entitled to recover all costs incurred in enforcing the case before the Special Magistrate and in any appeals from the Special Magistrate's order.
		The Respondent must be in compliance for the Special Magistrate to consider a reduction in the fine or recommendation for reduction of the lien.
	www.brevardcounty.us /codeenforcement/specialmagistrate_hearings.cfm (2233 words)

	Clayton County, GA - Magistrate Court
		The Clayton County Magistrate Court is the fourth busiest magistrate court in the State of Georgia.
		Magistrate court jurisdiction includes: civil disputes involving $15,000.00 or less, certain misdemeanor criminal offenses, landlord/tenant disputes, county ordinance violations, preliminary hearings in felony and misdemeanor criminal cases and the consideration and issuance of arrest warrants and search warrants.
		The Clayton County Magistrate Court also serves in an assisting role to the Superior Court of Clayton County by handling Family Violence Protective Order Petitions and conducting bond hearings in certain felony cases.
	www.co.clayton.ga.us /magistrate_court/index.htm (160 words)

	Gellman: History of Virtual Magistrate
		Also, to provide direction to magistrates, a Magistrates Handbook was prepared that described complaint and decision handling procedures; training requirements; and a suggested format for decisions.
		When the magistrate reaches a decision, it will be mailed to the same address, and everyone will receive it at the same time.
		Finally, the jurisdiction of the Virtual Magistrate is the same as that of the Net, and the Net does not map neatly onto the jurisdiction of any existing sovereign entity.
	www.umass.edu /dispute/ncair/gellman.htm (2414 words)

	Legal Definition of Magistrate
		The president of the United States is the chief magistrate of this nation; the governors are the chief magistrates of their respective states.
		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.
	www.lectlaw.com /def2/m065.htm (149 words)

	Questions and Answers About Magistrate Judges
		A U.S. magistrate judge is a judicial officer of the district court and is appointed by majority vote of the active district judges of the court.
		Magistrate judges perform a wide range of duties in civil and criminal cases.
		Magistrate judges also handle appeals from social security decisions and most petitions by prisoners for review of their convictions, and conditions of confinement.
	www.utd.uscourts.gov /judges/qa_magjudge.html (747 words)

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