magistrate's decisions?

Question

When a magistrate makes a decision is it what has to happen or is there yet another step?? We saw magistrate in custody matter 2 weeks ago. They called this morning and said decision is beign mailed out today. But when I check the online docket this is what it says:
"REPORT OF MAGISTRATE AND RECOMMENDATIONS ON PETITIONER'S "
Is what he says only a recomendation or do the parties HAVE to do what it says?!?! I'm confused now. Please help, any personal experience, professional input, or even just thoughts?

We are in Florida, case was heard in Santa Rosa County if it makes a difference.

Answer 1

Each state handles this a little differently. Usually magistrates do not have final decisionmaking authority over "dispositive" orders (unless, let's say, they are presiding over small claims court, traffic court, or other very small matters). The docket entry you've provided with the language therein seems to support this position.

Generally, a "report and recommendations" is an order drafted by a lower judicial officer (like a magistrate) to a higher judicial officer (like a district court, circuit court, or county court judge). What it says is -- "this is what I find, and this is how I think the case should be decided." What often happens with these R&R's is that the higher judicial officer reads or reviews it, each party has time to provide "objections" to the R&R, and then the higher judicial officer either "adopts" the R&R or "overrules" it and makes his own findings and order. In many places, the higher judicial officer's review is "de novo," meaning that he does not have to give the magistrate any deference at all, if he doesn't want to. In my experience (in federal court) if no one objects to the Magistrates R&R, then the court will adopt it. (Even if there are objections, more likely than not, the Court will adopt it.) From then, it usually becomes a final order that's appealable to an appellate court as if the trial court, district court, county court, etc., had entered it.

Since this appears to be state court, and you called it a "custody" matter, that throws a wrench into the certainty of my answer, since each state does family law matters much differently. But you need to check with a clerk or with an attorney to see if you can file objections to the magistrate's R&R and what "standard of review" the higher level judicial offier and how long you have to object to it if it's adverse.

Good luck.

Answer 2

In the hierarchy of courts, magistrate courts are on just about the lowest rung, just above a justice of the peace. In civil law,even with a court of exclusive jurisdiction such as a tax court there is always an appeal to a higher court. But, the down side is that in your appellate brief you must allege some reversible error by either the court or by counsel for the adverse party.