MAGISTRATE
magistrate (maj-<<schwa>>-strayt), n.1. The highest-ranking official in a government, such as the king in a monarchy, the president in a republic, or the governor in a state. — Also termed chief magistrate; first magistrate. [Cases: States 41. C.J.S. States §§ 88–90, 130–131.] 2. A local official who possesses whatever power is specified in the appointment or statutory grant of authority. 3. A judicial officer with strictly limited jurisdiction and authority, often on the local level and often restricted to criminal cases. Cf. JUSTICE OF THE PEACE. [Cases: Justices of the Peace 31. C.J.S. Justices of the Peace §§ 26, 47.] 4. See judicial officer (3) under OFFICER. — magisterial (maj-<<schwa>>-stir-ee-<<schwa>>l), adj.
committing magistrate.A judicial officer who conducts preliminary criminal hearings and may order that a defendant be released for lack of evidence, sent to jail to await trial, or released on bail. See examining court under COURT.
district-court magistrate.In some states, a quasi-judicial officer given the power to set bail, accept bond, accept guilty pleas, impose sentences for traffic violations and similar offenses, and conduct informal hearings on civil infractions. [Cases: Justices of the Peace 31. C.J.S. Justices of the Peace §§ 26, 47.] federal magistrate.See UNITED STATES MAGISTRATE JUDGE.
investigating magistrate.A quasi-judicial officer responsible for examining and sometimes
ruling on certain aspects of a criminal proceeding before it comes before a judge.
“The institution of the investigating magistrate is another measure for preserving the integrity of the law at the level of enforcement. In this case the measure is directed not toward curing the evils of a lax or sporadic enforcement, but toward the evils of an opposite nature, those resulting from an excess of zeal on the part of the prosecutor. Under the system in question, before a criminal charge may be brought before the regular courts it must be investigated by a special official and, in effect, certified as deserving trial in court. The investigating magistrate is thus a kind of quasi-judge standing halfway between the prosecutor and the regular court. The danger of the institution lies precisely in this twilight zone of function which it occupies. The certification of a case for trial inevitably tends to confirm the criminal charge against the suspect, thus creating what may amount in practice to a strong presumption of guilt. The element of prejudgment involved constitutes a threat to the integrity of the trial in open court; the accused has, in effect, had a kind of half-trial in advance of the real trial, and this half-trial is conducted, not before but by a kind of half-judge who acts essentially as an inquisitorial court. In those countries where it is a part of the legal system, the role of the investigating magistrate continues to be a subject of some debate, and even where it is generally accepted, there is always some lingering concern lest it become the subject of inconspicuous abuse.” Lon L. Fuller, Anatomy of the Law 38–39 (1968). metropolitan stipendiary magistrate (stI-pen-dee-er-ee).English law. A stipendiary magistrate with jurisdiction in inner London areas. • Under the Access to Justice Act 1999, these magistrates have been renamed district judges (magistrates’ courts). See stipendiary magistrate. police magistrate.A judicial officer who has jurisdiction to try minor criminal offenses,
breaches of police regulations, and similar violations. — Also termed police justice.
stipendiary magistrate (stI-pen-dee-er-ee).English law. A salaried magistrate that performs either in the place of or along with Justices of the Peace, and is appointed from barristers and solicitors of seven years’ standing.
U.S. Magistrate.See UNITED STATES MAGISTRATE JUDGE.
[Blacks Law 8th]