A magistrate is a judicial officer; in ancient Rome Ancient Rome was a civilization that grew out of a small agricultural community founded on the Italian Peninsula as early as the 10th century BC. Located along the Mediterranean Sea, it became one of the largest empires in the ancient world, the word magistratus The Roman Magistrates were elected officials in Ancient Rome. During the period of the Roman Kingdom, the King of Rome was the principal executive magistrate. His power, in practice, was absolute. He was the chief priest, lawgiver, judge, and the sole commander of the army. When the king died, his power reverted back to the Roman Senate, which denoted one of the highest government officers with judicial and executive powers. Today, in common law Common law is law developed by judges through decisions of courts and similar tribunals , rather than through legislative statutes or executive branch action. A "common law system" is a legal system that gives great precedential weight to common law, on the principle that it is unfair to treat similar facts differently on different systems, a magistrate has limited law Law is a system of rules, usually enforced through a set of institutions. Laws can shape or reflect politics, economics and society in numerous ways and serves as a primary social mediator of relations between people. Contract law regulates everything from buying a bus ticket to trading on derivatives markets. Property law defines rights and enforcement and administration authority. In civil law Civil law is a legal system inspired by Roman law, the primary feature of which is that laws are written into a collection, codified, and not determined by judges. Conceptually, it is the group of legal ideas and systems ultimately derived from the Code of Justinian, but heavily overlaid by Germanic, ecclesiastical, feudal, and local practices, as systems, a magistrate might be a judge in a superior court; the magistrate's court might have jurisdiction over civil Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals and/or organizations, in which compensation may be awarded to the victim. For instance, if a car crash victim claims damages against the driver for loss or injury sustained in an accident, this will be a civil law case cases and criminal Criminal law, or penal law, is the bodies of rules with the potential for severe impositions as punishment for failure to comply. Criminal punishment, depending on the offense and jurisdiction, may include execution, loss of liberty, government supervision , or fines. There are some archetypal crimes, like murder, but the acts that are forbidden cases. A related, but not always equivalent, term is Chief Magistrate Chief Magistrate is a generic designation for a public official whose office—individual or collegial—is the highest in his or her class, in either of the fundamental meanings of Magistrate : as a major political and administrative office (in a republican form of government, at state or lower level), and/or as a judge (in a given jurisdiction,, which can (historically) denote political and administrative officers.

Etymology

Magistrate derives from the Middle English Middle English is the name given by historical linguists to the diverse forms of the English language in use between the late 11th century and about 1470, when the Chancery Standard, a form of London-based English, began to become widespread, a process aided by the introduction of the printing press into England by William Caxton in the late 1470s word magistrat, denoting a "civil officer in charge of administrating laws" (c.1374); from the Old French Old French was the Romance dialect continuum spoken in territories that span roughly the northern half of modern France and parts of modern Belgium and Switzerland from the 9th century to the 14th century. It is a direct descendent of Old Gallo-Romance. It was then known as the langue d'oïl to distinguish it from the langue d'oc (Occitan language, magistrat; from the Latin magistratus, which derives from magister (master), from the root of magnus (great).

Original meaning

In ancient Rome, the word magistratus The Roman Magistrates were elected officials in Ancient Rome. During the period of the Roman Kingdom, the King of Rome was the principal executive magistrate. His power, in practice, was absolute. He was the chief priest, lawgiver, judge, and the sole commander of the army. When the king died, his power reverted back to the Roman Senate, which referred to one of the highest offices of state, and analogous offices in the local authorities such as municipium, which were subordinate only to the legislature of which they generally were members, often even ex officio, and often combined judicial and executive power, together constituting one jurisdiction. In Rome itself, the highest magistrates were members of the so-called cursus honorum The cursus honorum was the sequential order of public offices held by aspiring politicians in both the Roman Republic and the early Empire. It was designed for men of senatorial rank. The cursus honorum comprised a mixture of military and political administration posts. Each office had a minimum age for election. There were minimum intervals -'career of honors'. They held both judicial The judiciary is the system of courts which interprets and applies the law in the name of the sovereign or state. The judiciary also provides a mechanism for the resolution of disputes. Under the doctrine of the separation of powers, the judiciary generally does not make law (that is, in a plenary fashion, which is the responsibility of the and executive On the study of political science the executive branch of government has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the republican idea of the separation of powers power within their sphere of responsibility (hence the modern use of the term "magistrate" to denote both judicial and executive officers), and also had the power to issue ius honorarium, or magisterial law. The Praetor Praetor was a title granted by the government of Ancient Rome to men acting in one of two official capacities: The commander of an army, usually in the field, or the named commander before mustering the army; and an elected magistratus assigned varied duties (per the historical period). The functions of the magistracy, the praetura (praetorship), (the office was later divided into two, the Urban and Peregrine Praetors) was the highest judge in matters of private law Private law is that part of a legal system that involves relationships between individuals. This includes the law of contracts or torts and the law of obligations. It is distinguished from public law, which deals with law involving the state, including regulatory statutes, penal law and other law of public order between individual citizens, while the Curule Aediles Aedile was an office of the Roman Republic. Based in Rome, the aediles were responsible for maintenance of public buildings and regulation of public festivals. They also had powers to enforce public order. There were two pair of aediles. Two aediles were from the ranks of plebeians and the other were called curule aediles (aediles curules). The, who supervised public works "Public works" is a concept in economics and politics. The term public infrastructure refers only to the infrastructural capital involved in these activities in the city, exercised a limited civil jurisdiction in relation to the market A market is any one of a variety of different systems, institutions, procedures, social relations and infrastructures whereby persons trade, and goods and services are exchanged, forming part of the economy. It is an arrangement that allows buyers and sellers to exchange things. Competition is essential in markets, and separates market from trade.^[1] Roman magistrates were not lawyers, but were advised by jurists JURIST is an online legal news service hosted by the University of Pittsburgh School of Law, powered by a staff of more than 40 law students working in Pittsburgh and other US locations under the direction of founding Publisher & Editor-in-Chief Professor Bernard Hibbitts, Executive Director Abigail Salisbury, Research Director Jaclyn Belczyk, who were experts in the law.

The term was maintained in most feudal successor states to the western Roman Empire The Roman Empire was the post-Republican phase of the ancient Roman civilization, characterised by an autocratic form of government and large territorial holdings in Europe and around the Mediterranean. The term is used to describe the Roman state during and after the time of the first emperor, Augustus, mainly Germanic kingdoms, especially in city-states, where the term magistrate was also used as an abstract generic term, denoting the highest office, regardless of the formal titles (e.g. Consul, Mayor, Doge), even when that was actually a council. The term "chief magistrate Chief Magistrate is a generic designation for a public official whose office—individual or collegial—is the highest in his or her class, in either of the fundamental meanings of Magistrate : as a major political and administrative office (in a republican form of government, at state or lower level), and/or as a judge (in a given jurisdiction," applied to the highest official, in sovereign entities the head of state Head of state is the generic term for the individual or collective office that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes personifying the continuity and legitimacy of the state and exercising the political powers, functions and duties and/or head of government Head of government is the chief officer of the executive branch of a government, often presiding over a cabinet. In a parliamentary system, the head of government is often styled Prime Minister, President of the Government, Premier, etc. In presidential republics or absolute monarchies, the head of government may be the same person as the head of.

Continental Europe and its former colonies

Under the civil law systems of European countries such as Italy Italy (pronounced /ˈɪtəli/ ; Italian: Italia [iˈtaːlja]), officially the Italian Republic (Italian: Repubblica italiana), is a country located partly on the European Continent and partly on the Italian Peninsula in Southern Europe and on the two largest islands in the Mediterranean Sea, Sicily and Sardinia. Italy shares its northern, Alpine, Belgium Belgium (pronounced /ˈbɛldʒəm/ , BEL-jəm), officially the Kingdom of Belgium, is a country in northwest Europe. It is a founding member of the European Union and hosts its headquarters, as well as those of other major international organizations, including NATO. Belgium covers an area of 30,528 square kilometres (11,787 sq mi), and it has a and France France (pronounced /ˈfrænts/ frantss or /ˈfrɑːnts/ frahnts; French pronunciation (help·info): [fʁɑ̃s]), officially the French Republic (French: République française, pronounced: [ʁepyblik fʁɑ̃sɛz]), is a state in Western Europe with several of its overseas territories and islands located on other continents and in the Indian,, "magistrate" is a generic term which comprises both prosecutors and judges (distinguished as 'standing' versus 'sitting' magistrature). It should be noted that the legal systems of these countries are not identical, and thus show some relevant differences in the judiciary organization.

As for Italy, the role of prosecutors and the role of judges is radically different; they have different powers and different responsibilities. It is true that a prosecutor can become a judge and vice versa; but this can only happen in different stages of one's career, and never in the same trial. Anti-corruption magistrates (they actually were, or are, public prosecutors) in Italy have in recent years played key roles in uncovering political corruption (the Mani pulite Mani pulite was a nationwide Italian judicial investigation into political corruption held in the 1990s. Mani pulite led to the demise of the so-called First Republic, resulting in the disappearance of many parties. Some politicians and industry leaders committed suicide after their crimes were exposed. The corruption system that was uncovered by investigations of the 1990s brought about a radical transformation of the Italian party system) and in fighting criminal organizations such as the Mafia The Mafia is a criminal society which emerged in mid 19th century Sicily. It is a loose association of criminal groups that share a common organizational structure and code of conduct. Each group, known as a "family", "association", "clan" or "cosca", claims sovereignty over a territory in which it operates. Antonio di Pietro Antonio Di Pietro is an Italian politician. He also was a Member of the European Parliament, and formerly Italian Senator, and Minister of the Prodi Government. He was a prosecutor in the team known in Italy as Mani Pulite (Clean Hands) in the early 1990s, Paolo Borsellino and Gherardo Colombo are among the most famous, as was Giovanni Falcone, who was murdered in 1992 by a Mafia bomb in Palermo Palermo listen (Italian pronunciation: [paˈlɛrmo], Sicilian: Palermu, Latin: Panormus, from Greek: Πάνορμος, Panormos, Arabic: بلرم‎, Balharm) is a historic city in Southern Italy, the capital of both the autonomous region of Sicily and the Province of Palermo. The city is noted for its rich history, culture, architecture and. The bomb also killed his wife and three bodyguards, and galvanized Italian public opinion against the Mafia.

In Finland Finland (pronounced /ˈfɪnlənd/ ), officially the Republic of Finland Finnish: Suomi; Swedish: Finland (help·info), is a Nordic country situated in the Fennoscandian region of Northern Europe. It is bordered by Sweden on the west, Norway on the north and Russia on the east, while Estonia lies to its south across the Gulf of Finland, a magistrate is a state-appointed local administrative officer whose responsibilities include population information, public registers, acting as a public notary and conducting civil marriages and same-sex unions.

Mexico

In Mexico In Pre-Columbian Mesoamerica many cultures matured into advanced civilizations such as the Olmec, the Toltec, the Teotihuacan, the Zapotec, the Maya and the Aztec before the first contact with Europeans. In 1521, Spain conquered and colonized the territory, which was administered as the viceroyalty of New Spain which would eventually become Mexico a Magistrado (magistrate), is a superior judge (and the highest-ranking State judge) hierarchically beneath the Supreme Court Justices (Ministros de la Corte Suprema) in the Federal Law System. The magistrado reviews the cases seen by a judge in a second term, if any of the parties disputes the verdict. For special cases, there are magistrados superiores (superior magistrates) who review the verdicts of special court and tribunal magistrates.

English common law tradition

United Kingdom

England and Wales

In the courts of England and Wales Her Majesty's Courts of Justice of England and Wales are the civil and criminal courts responsible for the administration of justice in England and Wales; they apply the law of England and Wales and are established under Acts of the Parliament of the United Kingdom, magistrates—also known as Justices of the Peace A Justice of the Peace is a puisne judicial officer appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice and deal with local administrative applications in common law jurisdictions. Justices of the Peace are appointed or elected from the citizens of the jurisdiction in which they (JPs)—hear prosecutions for and dispose of 'summary offences A summary offence, also known as a petty crime, is a criminal act in some common law jurisdictions that can be proceeded with summarily, without the right to a jury trial and/or indictment' and some 'triable-either-way offences A hybrid offence, dual offence, Crown option offence, dual procedure offence, or wobbler are the special class offences in the common law jurisdictions where the case may be prosecuted either summarily or as indictment. In the United States, an alternative misdemeanor/felony offense lists both county jail (misdemeanor sentence) and state prison (' by making orders in regard to and placing additional requirements on offenders. Magistrates' sentencing powers extend to shorter periods of custody (a maximum of twelve months, or fifteen months for consecutive sentences) N.B.: Previously Magistrates could only sentence for six months for one offence and twelve months consecutively, though due to high public interest and media pressure on the courts, this was changed because many^[who?] thought that certain offences that are heard at the Magistrates' court get given too lenient a sentence.^[2], fines (maximum £15,000, previously £5,000), community orders which can include curfews, electronic tagging, requirements to perform unpaid work up to 300 hours or supervision up to 3 years and or variousother options. Magistrates hear committal proceedings for certain offences, and can establish whether sufficient evidence exists to pass the case to a higher court for trial and sentencing. In more serious cases, Magistrates have power to pass 'either-way' offenders to the Crown Court for sentencing when, in the opinion of the magistrates, a penalty greater than can be given in the Magistrates' court is warranted. A wide range of other legal matters are within the remit of magistrates. In the past, magistrates have been responsible for granting licences to sell alcohol, for instance,^[3] but this function is now exercised by local councils though there is a right of appeal to the Magistrates' court. Magistrates are also responsible for granting search warrants to the police and some other authorities, therefore it used to be a requirement that they live within a 15-mile (24 km) radius of the area they preside over (the commission area) in case they are needed to sign a warrant out-of-hours. However, commission areas were replaced with Local Justice Areas by the Courts Act 2003, meaning magistrates no longer need to live within 15 miles (24 km), although, in practice, many still do. Section 7 of the Courts Act 2003 states that "There shall be a commission of the peace for England and Wales— . . . b) addressed generally, and not by name, to all such persons as may from time to time hold office as justices of the peace for England and Wales". Thus every Magistrate in England and Wales may act as a magistrate anywhere in England or Wales. (But see section 9 of the Official Secrets Act 1911.)

There are two types of magistrate in England The area now called England has been settled by people of various cultures for about 35,000 years, but it takes its name from the Angles, one of the Germanic tribes who settled during the 5th and 6th centuries. England became a unified state in AD 927, and since the Age of Discovery, which began during the 15th century, has had a significant and Wales Wales ( /ˈweɪlz/ Welsh: Cymru; pronounced [ˈkəmrɨ] (help·info)) is a country that is part of the United Kingdom, bordered by England to its east, and the Atlantic Ocean and Irish Sea to its west. Wales has a population estimated at three million and is officially bilingual; Welsh and English have equal status, and bilingual signs are the: magistrates and district judges (formerly known as stipendiary magistrates) permanently employed by the Ministry of Justice (United Kingdom) The Ministry is responsible for courts, prisons, and probation in England and Wales (until May 2007, the Department for Constitutional Affairs). The first group (about 30,000 people), known as Justices of the Peace, sit voluntarily. According to requirements, around 50% of them are women, although the majority are seen as "middle class, middle aged and middle minded" and over 41% of Magistrates retired from employment while others may be self-employed or able to arrange leave from their employment.^{[citation needed]} That said, there are those who recognise^[who?] that three de facto jurors from the community may well have a more realistic understanding of local life than a single district judge whose background is in law rather than working in the wider community.^{[citation needed]}

No formal qualifications are required but magistrates need intelligence, common sense, integrity and the capacity to act fairly. Membership is widely spread throughout the area covered and drawn from all walks of life. Police officers, traffic wardens and members of the armed forces The armed forces of a country are its government-sponsored defense, fighting forces, and organizations. They exist to further the foreign and domestic policies of their governing body, and to defend that body and the nation it represents from external aggressors. In some countries paramilitary forces are included in a nation's armed forces. Armed, as well as their close relatives will not be appointed, nor will those convicted of certain criminal offences including recent minor offences. All magistrates receive training over a period of three months before sitting, carried out in conjunction with a mentoring program (mentors are magistrates with approximately 5 years service),^[4] which covers basic law and procedure and then continue to receive training throughout the first two years of their service and subsequently attend annual 'refresher courses.' Additional training is given to magistrates in the Youth Court, or those dealing with family matters. New magistrates sit with mentors on at least six occasions during their first year.

Magistrates are unpaid appointees but they may receive allowances to cover traveling expenses, subsistence and loss of earnings for those not paid by their employer whilst sitting as a magistrate. They are appointed to their local bench, (a colloquial and legal term for the local court), and are provided with advice, especially on sentencing, by a legally qualified Clerk to the Justices. They will normally sit as a panel of three with two as a minimum. Most are members of the Magistrates' Association, which provides advice, training and represents the approximately 30,000 magistrates to the Government. The Association also represents magistrates on the Sentencing Guidelines Council.^{[citation needed]}

The second group are known as District Judges (Magistrates' Court), although hitherto they were known as Stipendiary Magistrates (which is to say, magistrates who received a stipend or payment). Unlike magistrates, District Judges (Magistrates' Court) sit alone and have the authority to sit in any magistrates' court. District Judges have tended to be appointed from the ranks of legal advisors to the magistrate's court and will be qualified solicitors or barristers. Questions have been raised^[where?] as to the legal safeguards of a District Judge allowed to hear a case, decide the outcome and pass sentence without reference to another party.^{[citation needed]}

Scotland

In Scotland Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the southwest. In addition to the mainland, Scotland, the lowest level of law-court, the District Court, is presided over by a Justice of the Peace A justice of the peace is a puisne judicial officer elected or appointed by means of a commission to keep the peace. Depending on the jurisdiction, they might dispense summary justice or merely deal with local administrative applications in common law jurisdictions. Justices of the peace are appointed or elected from the citizens of the. The District Courts were replaced with Justice of the Peace Courts beginning in Lothian and Borders Sheriffdom in December 2007.

Australia

Federal Magistrate

A Federal Magistrate occupies an office created in 1999. The Federal Magistrates' Court of Australia deals with more minor Commonwealth The English noun commonwealth in the sense meaning "public welfare; general good or advantage" dates from the fifteenth century. The original phrase "the common-wealth" or "the common weal" comes from the old meaning of "wealth," which is "well-being." The term literally meant "common well- law matters which had previously been heard by the Federal Court The Federal Court of Australia is an Australian superior court of record which has jurisdiction to deal with most civil disputes governed by federal law , along with some summary criminal matters. Cases are heard at first instance by single Judges. The Court includes an appeal division referred to as the Full Court comprising three Judges, the (administrative law Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law. As a body of law, administrative law deals with the decision-making, bankruptcy Bankruptcy is a legally declared inability or impairment of ability of an individual or organization to pay its creditors. Creditors may file a bankruptcy petition against a business or corporate debtor in an effort to recoup a portion of what they are owed or initiate a restructuring. In the majority of cases, however, bankruptcy is initiated by, consumer protection Consumer protection laws are designed to ensure fair competition and the free flow of truthful information in the marketplace. The laws are designed to prevent businesses that engage in fraud or specified unfair practices from gaining an advantage over competitors and may provide additional protection for the weak and those unable to take care of, trade practices, human rights Human rights are "rights and freedoms to which all humans are entitled." Proponents of the concept usually assert that everyone is endowed with certain entitlements merely by reason of being human and copyright Copyright is the set of exclusive rights granted to the author or creator of an original work, including the right to copy, distribute and adapt the work. These rights can be licensed, transferred and/or assigned. Copyright lasts for a certain time period after which the work is said to enter the public domain. Copyright applies to a wide range of) or the Family Court (divorce, residence (or custody) and contact (or access) of the children, property division upon divorce, maintenance and child support). The court's name is misleading, in that it exercises a jurisdiction well in excess of that of the state magistrates' courts, and similar to that of the District and County courts of the Australian states.

The Federal and Family Courts continue, but the Federal Magistrates hear shorter or less complex matters or matters in which the monetary sum in disputes does not exceed given amounts. For instance property divisions where the total assets are AUD $700,000 or less and consumer law matters (trade practices) where the amount claimed is less than $750,000. However, in some areas, such as bankruptcy and copyright, the court has unlimited jurisdiction.

The Federal Magistrates’ Court has assumed a significant part of the work load of the two superior courts. By 2004/05 the court was dealing with 73% of the total number of applications made in the three courts (see the Annual Report of the Federal Magistrates' Court 2004/2005).

State Magistrate

The State Magistrates in Australia derive from the English Magistrates. All Magistrates are salaried officers, and must be legally qualified and experienced to be eligible to be appointed.

The jurisdiction of the Magistrates varies from State to State. They preside over courts which are, depending on the State, called Magistrates’ Courts, Local Courts 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 orders” or “apprehended violence orders”), summary criminal matters, the least serious indictable criminal matters, and civil matters where the disputed amount does not exceed AUD $40,000 to AUD $100,000 (depending on the State).

In some states such as Queensland and NSW, the Magistrate may appear robed, although some Magistrates are known to prefer a business suit. Magistrates presiding in the Murri Court (which deals with Aboriginal defendants) were originally of a mind not to appear robed; however elders within the Indigenous community urged Magistrates to continue wearing robes to mark the solemnity of the court process to defendants. Robing is being considered for Magistrates in other states; however, neither Counsel nor solicitors appear robed in any Australian Magistrates' court. Robing in summary courts is unlikely to extend to the legal profession.

Historically Magistrates in Australia have been referred to as “Your Worship”. (From Old English weorthscipe, meaning being worthy of respect.) However, members of the magistracy are now addressed as "Your Honour" in all states. 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. It is also acceptable to address a magistrate simply as Sir or Madam.

India

There are four categories of magistrates in India. This classification is given in the Criminal Procedure Code, 1973. It stipulates that in each sessions district, there shall be

• A Chief Judicial Magistrate
• Judicial Magistrates First Class;
• Judicial Magistrates Second Class; and
• Executive Magistrates

"Chief Judicial Magistrate" includes Additional Chief Judicial magistrates also. There is a Sub Divisional Judicial magistrate in every Sub Division (SDJM) although he is technically only a Judicial Mgistrate First Class (JMFC). Judicial Magistrates can try criminal cases. A judicial magistrate first class can sentence a person to jail for up to three years and impose a fine of up to Rs 5,000. A judicial magistrate second class can sentence a person to jail for up to one year and impose a fine of up to Rs 3,000.

An Executive Magistrate is an officer of the Executive branch (as opposed to the Judicial branch) who is invested with specific powers under both the CrPC and the Indian Penal Code (IPC). These powers are conferred in the main by the following sections of the CrPC: sections 107-110 and the relevant provisions; sec 133 and sec 144 and the relevant provisions, sec 145& 147 and the relevant provisions. These officers cannot try any accused nor pass verdicts. A person arrested on the orders of a court located outside the local jurisdiction should be produced before an Executive Magistrate who can also set the bail amount for the arrested individual to avoid police custody, depending on the terms of the warrant. The Executive Magistrate also can pass orders restraining persons from committing a particular act or preventing persons from entering an area (Sec 144 CrPC). There is no specific provision to order a "curfew" The Executive Magistrates alone are authorized to use force against people. In plain language, they alone can disperse an "unlawful assembly"; technically, the police is to assist the Executive Magistrate. They can direct the police about the manner of force (baton charge/ tear gas/blank fire/ firing) and also how much force should be used. They can also take the assistance of the Armed Forces to quell a riot.

There are, in each Revenue District (as opposed to a Sessions District) the following kinds of Executive Magistrates:

• one District Magistrate (DM)
• one or more Additional District Magistrates (ADM)
• one or more Subdivisional District Magistrates (SDM)and
• Executive Magistrates

All the Executive Magistrates of the district, except the ADM, are under the control of the DM; for magisterial duties, the ADM reports directly to the government and not to the DM.

These magistracies are normally conferred on the officers of the Revenue Department, although an officer can be appointed exclusively as an Executive Magistrate. Normally, the Collector of the district is appointed as the DM. Similarly, the Sub-Collectors are appointed as the SDMs. Tahsildars and Deputy/Additional Tahsildars are appointed as Executive Magistrates.

Under the old CrPC, there was no distinction between the Executive and Judicial Magistrates; some states still follow the old CrPC, eg. Nagaland; there, the Collector is also the head of the judicial branch of the district and can pass sentences, including capital punishment, under IPC.

New Zealand

The position of stipendiary magistrate in New Zealand was renamed in 1980 to that of district court judge. The position was often known simply as magistrate, or the postnominal initials SM after a magistrate's name in newspapers' court reports.

In the late 1990s, a position of community magistrate was created for district courts on a trial basis; two community magistrates were initially required to sit to consider a case. Some of these community magistrates are still serving.

United States

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

The term "magistrate" is often 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. In Virginia, for example, the Constitution of 1971 created the office of magistrate to replace the use in cities and counties of the justice of the peace, which is common in many states for this function.

As noted above, the terms "magistrate" or "chief magistrate" were sometimes used in the early days of the republic to refer to the President of the United States, as in President John Adams's message to the U.S. Senate upon the death of George Washington: "His example is now complete, and it will teach wisdom and virtue to magistrates, citizens, and men, not only in the present age, but in future generations, as long as our history shall be read" (December 19, 1799).

Federal courts

In the United States federal courts, a magistrate judge is a judge authorized by 28 U.S.C. § 631 et seq. 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 conduct a wide range of judicial proceedings to expedite the disposition of the civil and criminal caseloads of the United States District Courts. Congress set forth in the statute powers and responsibilities that could be delegated by district court judges to magistrate judges. To achieve maximum flexibility in meeting the needs of each court, however, it left the actual determination of which duties to assign to magistrate judges to the individual courts.

State courts

In many state court 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.

Magistrates in Ohio

In Ohio, for instance, magistrates are appointed by the judges of many municipal courts, domestic relations and juvenile courts, and some courts of appeals and common pleas courts. In addition, to avoid any conflict of interest, most communities with mayor's courts have magistrates preside over sessions, rather than the mayors themselves. Ohio magistrates do virtually everything judges do. Their actions are subject to review and either approval, modification or reversal by judges of their court. The exception is mayor's court magistrates. Upon the timely notice of appeal from a conviction in a Mayor's Court, the proceeding before either the county or municipal court of the county in which the community is located is de novo.

County Magistrates in Georgia

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, conduct bench trials for certain misdemeanor offenses, including deposit account fraud (bad checks), 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. In some Georgia counties the Probate Court Judge also presides over magistrate court as Chief Magistrate. The enabling legislation does not require magistrates to be licensed attorneys and most Magistrates in Georgia are not required licensed attorneys, however, local legislation in certain counties requires that either the chief magistrate or all of the magistrates be licensed attorneys so some counties have both attorneys and non-attorneys on the magistrate court bench.

County Magistrates in South Carolina

In South Carolina, magistrates are appointed to four-year terms by the Governor upon the advice and consent of the Senate. They serve the county in which they are appointed and exercise county wide jurisdiction. They preside over civil and criminal cases, issue restraining orders, search and arrest warrants and conduct bond hearings (except as to a limited number of the most serious offenses such as murder), preliminary hearings, bench and jury trials. They have jurisdiction in civil cases when the amount in controversy does not exceed $7,500 per side (example: Plaintiff sues for $7500 and Defendant counterclaims for $7500), in traffic and criminal cases that typically carry a maximum punishment of 30 days in jail (although some offenses may carry up to 6 months) and Landlord-Tenant cases with no limit on the dollar amount involved. 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. Juries in Magistrate's Courts are composed of six citizens.

County Magistrates in Pennsylvania

In Pennsylvania, magisterial district judges are elected for six-year terms by the electors in the district that the magistrate judge serves. They serve alone in districts apportioned by the Supreme Court of Pennsylvania and exercise statewide jurisdiction, with limitations. They conduct criminal arraignments and preliminary hearings, issue arrest warrants and search warrants in some cases, hear civil disputes involving $8,000.00 or less, Landlord-Tenant disputes, except not matters involving title to real estate, issue temporary Protection from Abuse Act orders, decide traffic, game law, and fish and boat code cases, conduct marriages, administer oaths and affirmations, etc. They are state employees and supervise staffs which are county employees.

Unlike judges in the county-level Courts of Common Pleas, or in the appellate courts, magistrates in Pennsylvania are not required to have law degrees.

County Magistrates in Kentucky

In many counties in Kentucky, Magistrates are elected every 4 years to the County's Fiscal Court. A Fiscal Court is led by an elected County Judge-Executive and is equivalent to a County Commission. A Kentucky County is separated into districts, and the citizens of each district elects a Magistrate to serve on this court. Under Kentucky's first constitution, Fiscal Courts were in charge of all judicial and legislative powers of a county. In the present constitution the Fiscal Court is only designated to carry out legislative powers, while the Judge-Executive carries out the executive powers of the county. In some counties in Kentucky, the magistrates no longer sit on the Fiscal Court, having been replaced by three at-large County Commissioners, along with the County Judge/Executive. In these counties, magistrates are still elected, however their duties are limited to the performance of marriage ceremonies.

Texas Magistrates

In Texas, all judges are magistrates, along with Mayors of incorporated cities.

Other traditions

People's Republic of 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 dates from imperial China in which the county magistrate was the lowest official in the imperial Chinese bureaucracy and had judicial in addition to administrative functions.

In Mainland China, the county magistrate is technically elected by the local people's congress but in fact is appointed by the Communist Party. Although there have been some elections at the lower township level, these elections (with one exception, which was considered irregular and illegal) have not extended up to the county level. Although not an important official, county magistrates, particularly in rural areas, can sometimes have a strong impact on the lives of ordinary people by enforcing central government regulations or by turning a blind eye to their violation.

Switzerland

In Switzerland, magistrate is a designation for the persons holding the most senior executive and judicial offices. On the federal level, the members of the Federal Council, the Federal Chancellor and the judges on the Federal Supreme Court are called magistrates.^[5] The designation of magistrate is not a title or style. It does not, by itself, confer any particular privileges.

Taiwan

In Taiwan, the county magistrate elections are heavily and sometimes bitterly contested, and are often a stepping-stone to higher office. County magistrate elections were first open to election in the 1960s and, before the end of martial law in 1991, were the highest elected position of any real power and hence the focus of election campaigns by the Tangwai movement.

In popular culture

• British humourist P.G. Wodehouse wrote in one of his Jeeves and Wooster stories, "Jeeves and the Feudal Spirit" (1955), "Well, you know what magistrates are. The lowest form of pond life. When a fellow hasn't the brains and initiative to sell jellied eels, they make him a magistrate." Bertie Wooster often appeared before magistrates when he was 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 Chinese Siamese Cat.
• In the post-colonial novel Waiting for the Barbarians by J.M. Coetzee, the story is told from the narrative perspective of the magistrate of one of the settlements in what is presumed to be Africa.
• In the Walt Disney movie Davy Crockett: King of the Wild Frontier, Davy is appointed magistrate of the local community.
• Magistrates appear to be in the Star Trek universe as well. In the Deep Space Nine series, constable Odo often threatens detainees or those he suspects are guilty of various crimes and violations that he will send them to the Magistrate, telling them sarcastically, in response to their pleas of innocence, to "Tell it to the Magistrate".
• The HBO show True Blood has a Magistrate who appears to hold jurisdiction over the vampire kings and queens of the US.

See also

• Chief magistrate
• Lawspeaker
• Resident magistrate
• Magistratus
• Justice in Eyre

Footnotes

1. ^ p4 and p18, Nicholas, Barry, An Introduction to Roman Law (Oxford University Press, 1975) ISBN 0-19-876063-9
2. ^ [1] Judicial Profiles - Magistrates
3. ^ Under a law of 1729 which instituted Brewster sessions, a special meeting of quarter sessions (Richardson, John (1974) The Local Historian's Encyclopedia. New Barnet: Historical Publications; p. 270; Hey, David, ed. (1996) The Oxford Companion to Local and Family History. Oxford University Press; pp. 46-47)
4. ^ [2] The Magistracy and the work of magistrates
5. ^ See art. 1 of the Bundesgesetz über Besoldung und berufliche Vorsorge der Magistratspersonen, SR/RS 172.121.

4. [3]

Sources and references

(incomplete)

• EtymologyOnLine
• Van Wert County, Ohio Court Personnel [4]

Categories: Legal professions

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