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Supervising Magistrates

This document summarizes the key points discussed in the April 13, 2005 seminar led by Joan Brannon, focusing on the supervisory roles and training requirements for magistrates. It covers administrative authority, delegation of duties, necessary training hours, handling of small claims, and criminal matters, including bond policies and misdemeanors. Additionally, it outlines the processes for removal of magistrates, including grounds for removal and procedural requirements. This comprehensive overview serves as a valuable resource for understanding the operational framework governing magistrates.

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Supervising Magistrates

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  1. Supervising Magistrates Special Topics Seminar April 13, 2005 Joan Brannon

  2. General Supervision GS 7A-146 • Administrative supervision and authority over the operation of the magistrates in the district • Assign matters to magistrates • Prescribe times and places available for work • Delegate in writing to another district court judge or the clerk • Assignment for temporary duty out of county

  3. General Supervision • Required training • Basic School--GS 7A-171.2 • 12 hours every two years (resolution) • Institute of Government training • Other training--Jim Gray, AOC • Meeting with magistrates • Dress code • Handling complaints • Clerk supervises record-keeping and accounts GS 7A-175

  4. Duties Regarding Small Claims • Written assignment of cases[GS 7A-211] • Include authorization to hear motor vehicle liens • Determination of how to determine amount in controversy when prejudgment interest claimed and when unfair trade practice claim • Vacation rental agreement ejectments • Authority to set aside judgments for excusable neglect, mistake, surprise [GS 7A-228(a)] • Can perform marriages anywhere in NC

  5. Duties Regarding Criminal Matters • Bond policy--superior court judge consults with chief district judge[GS 15A-535] • Try worthless check cases[GS 7A-273(6)] • Guidelines for sentencing when take waivers of trial and guilty pleas for worthless checks[GS 7A-273(8)] • Affidavits required • Authority to hear Class 3 misdemeanors is automatic, not by authority of chief judge[GS 7A-273(1)] • Ex parte domestic violence orders/ 50C • Juvenile petitions[GS 7B-404]

  6. Removal of MagistratesGS 7A-173 • Written sworn charges filed with clerk • Chief may suspend with pay • Order hearing if charges if true would constitute grounds for removal • Give written notice to magistrate of charges and hearing • Hearing not less than 10 nor more than 30 days after notice

  7. Grounds for Removal • Willful misconduct in office • Willful and persistent failure to perform duties • Habitual intemperance • Conviction of a crime involving moral turpitude • Conduct prejudicial to administration of justice that brings office into disrepute

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