MAGISTRATES
 

The office of magistrate was created in Virginia in 1974, when the office of Justice of the Peace was phased out.  Magistrates took over many of the duties that Justices of the Peace once performed. 

A magistrate provides an independent, unbiased view of complaints brought against suspects by officers, deputies, troopers, and citizens.  In Virginia, magistrates are trained and have the responsibility to perform several duties within the jurisdiction they serve. This includes the power to issue or conduct the following:

• arrest warrants

• search warrants

• bond/bail hearings

• subpoenas

• civil warrants

• emergency (temporary) protective orders

• emergency custody orders

• temporary mental detention orders

• medical emergency temporary detention orders   

Magistrates also provide information about the judicial process and procedures to the public.  However, they are not attorneys and cannot give legal advice.

Most often, the magistrate is the beginning step of the criminal justice process. It is the magistrate who issues an arrest warrant based on someone's sworn statement concerning the commission of a crime.  Once a suspect has been arrested, magistrates will then conduct a bond hearing to set bail.  The magistrate may grant bail, or decide to hold the suspect without bail until the matter can be reviewed more fully by a judge in court hearing.  If the magistrate permits bail, he or she will set certain conditions that the defendant is required to follow to remain out on bail.  This could include paying a certain amount of money as a surety that the defendant will be of good behavior and appear for court.  It could also include pre-trial probation or a prohibition from contacting the victim of the crime.  In Virginia, if the crime is domestic violence or stalking, the magistrate has the ability to issue an emergency protective order.  (For more information on protective orders, click here.)  

Each jurisdiction has at least one magistrate.  Magistrates can work full-time, part-time, or on an "on-call" basis. Most jurisdictions have several magistrates, who are overseen on a day-to-day basis by the chief magistrate.  The number of magistrates in each district is determined by the Committee on District Courts. 

Magistrates are selected through appointment.  Chief circuit court judges are usually responsible for appointment of magistrates, but this responsibility can be deferred to the chief general district court judge.  Any person is eligible for appointment as a magistrate as long as he or she is a U.S. citizen and resides in the jurisdiction for which appointment is sought.  However, in some cases, an individual may be precluded from being appointed as a magistrate due to statutory conflict of interest.  For instance, someone may be denied appointment if his or her spouse is a law enforcement officer.   Once appointed, magistrates serve four-year terms.  They may be reappointed.

For information on magistrates in Virginia and their duties, follow this link: Courts in Brief: Magistrates.