What Are the Rules of the Magistrate Court?
Magistrate is another word for "judge" but not all courts are magistrate courts. Depending on its location, a magistrate court may deal with traffic tickets, family feuds or murder indictments. American and Commonwealth magistrate courts are all descended from English common law and are based on the same ideas. Although American courts were established in revolt against the English system, the rules of the two systems today have more similarities than differences.
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History
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In England the medieval magistrate court was a group of landowners who met on a regular basis at the largest city in the area to dispense justice. The ancient term "magistrate court" has been reinterpreted by each justice system that has been established or modified in the last 600 years, resulting in courts with differing jurisdictions and rules based on various precedents.
Identification
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All magistrate courts follow the rules of procedure for the state or national court system in which they function. English courts have three judges; they hear local cases such as traffic and minor violations, civil cases and pleas in criminal cases. American magistrate courts' may be traffic and local ordinance violations or federal hearings. They may be "summary" courts that hear cases and render decisions on the spot or conduct "intake," receiving pleas and referring trials to other courts. Most magistrate courts publish information about their rules and procedures.
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Summons and Charge
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Cases begin with a reading and explanation of the charges or the applicable civil law and possible consequences to parties. Unrepresented defendants may demand representation in criminal cases; many courts have attorneys assigned to serve criminal defendants, known in the U.S. as "public defenders." Civil rules are less formal than criminal rules where a jail sentence is a possibility; civil cases begin with a "petition" from one of the parties in a dispute.
Pleas
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A "response" to the petition must be filed in a civil case. Ordinance violators and criminal defendants must plead "guilty," "no contest" or "not guilty." The magistrate then pronounces a sentence for a no-contest or guilty plea, refers the case to another court or conducts a "bench" trial. Some defendants can demand a jury trial in Crown Court (England) or Circuit or Superior Court (U.S.) but may be required to pay certain court costs before trial.
Trials
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Magistrates conduct hearings and trials and decide outcomes; the civil petitioner (or criminal prosecutor) presents her case, then the respondent (or defense) replies. Both have the right to summon witnesses and cross-examine the other side's evidence. Parties can ask for delays (adjournments) to prepare cases and many courts require "pre-trial" conferences with all parties to determine whether they can come to an agreement without a trial. Magistrates may or may not conduct settlement hearings but must approve agreements before the case is finished.
Dispositions
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In criminal cases, the court may set bail. In cases where the court conducts a trial, it will determine guilt (or responsibility in civil cases) and determine conditions to be met by the defendant or civil parties. English magistrate courts may sentence guilty defendants to as much as six months in jail and levy fines of up to 5,000 pounds. American dispositions are dictated by state courts. For magistrate courts that deal only with civil matters, jail is often an option only if a defendant refuses to pay a fine. Magistrate court decisions can be appealed and most courts must inform parties of the appeal process.
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References
Resources
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