What is a Magistrate Judge and how is it different from a regular Judge?

Question

This is for Divorce Court. I've been referred to a Magistrate Judge first. Is this better for my case?

Answer 1

A Magistrate Judge is a lower level judge. It's neither better or worse for your case, but one of the jobs of the Magistrate is to see if he can help you settle the differences between you and your spouse. However, he does not have the power to force an agreement upon you. It's better in the sense that it's faster. I guess it's also better because he's a neutral person who will examine every issue between the two of you and try to find a way to resolve each issue. Even if you only solve some of the issues, you're better off than a lengthy trial on everything in a divorce court.

Answer 2

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Well, I went and got "regular" definitions for you, but I'd suggest that if you're only asking this question because you're not sure what the difference is between a magistrate and a judge and you think things might be different in front of one versus the other, you may want to rethink that. Truth is, if I'd been forced to just spout off, I would have told you there is virtually no difference. I think I'd still say that, even after these definitions: MAGISTRATE - A public civil officer, invested with some part of the legislative, executive, or judicial power given by the constitution. In a narrower sense this term includes only inferior judicial officers, as justices of the peace. JUDGE - A public officer, lawfully appointed to decide litigated questions according to law. This, in its most extensive sense, includes all officers who are appointed to decide such questions and not only judges properly so called, but also justices of the peace and jurors, who are judges of the facts in issue. In a more limited sense, the term judge signifies an officer who is so named in his commission and who presides in some court. So I'm sticking with my previously uneducated thoughts, and saying they're virtually the same. I wouldn't expect anything different from either one of them just because of their title. Now watch some smarty-pants lawyer come along and tell us both about one particularly glaring difference between the two. Good luck in court.

Answer 3

The term varies from state to state and nation to nation. US Federal magistrates handle arraignments, bail hearings and can grant search warrants -- but curiously, are not Article III judges, and are appointed by sitting Federal judges.

Since the states widely vary in what they term a magistrate, and what duties they assign them, the question here would have to be answered state-by-state.

I can see family court judges being termed magistrates.

Answer 4

A regular judge has to have a degree in law and at one time, had to be a lawyer.

The magistrate is an elected official who (in my state) doesn't have to have even gone to college. In my state, they are piss poor judges.

Answer 5

In certain cases...a person who is NOT a judge can be a magistrate. When this guy tried to rape my elderly mother...and was not successful...he went down the street and raped a 14 year old neighbor boy. The judge could not be located, so our mayor signed the warrant for this guy's arrest. As soon as the APB went out over the radio...this guy was listening to a police scanner. He actually called 9-1-1 and said "I hear you are looking foe me?" The cop the was assigned the case went over to the other town and picked him up so fast the tar on the streets melted.

Answer 6

Give more info Where are you?

Answer 7

They are one in the same.