Difference Between Judge and Magistrate

Published on
February 16, 2018
Written by
Angel Murphy
Category
Legal Matters

What is a magistrate?

A judge and a magistrate serve different roles. In the State of Maryland, a magistrate is an officer of the Court. They are selected by the court judges to hear a limited number of family and juvenile cases.Magistrates are usually attorneys with an extensive amount of family law experience. They are appointed by the Circuit Court for the county in which they are located. Courts appoint magistrates to take testimony from parties. Magistrates conclude the main issues in a case and submit findings of fact to a judge for final approval.

What are the main differences between a judge and a magistrate?

Generally, magistrates and judges have the same judicial presence but with slightly different roles. Both judges and magistrates have the same authority in hearing cases, ruling objections, and determining the outcome. However, judges have more power than magistrates.Also, appealing the decision of a magistrate and a judge elicits different processes. When a party wants to appeal the judge's decision, they must file the appeal to the next highest court. More time is permitted to do so.Alternatively, when appealing a magistrate's decision,  a party must appeal to a Circuit Court judge. They must do so within a very short time after recommendations are issued. Lastly, although magistrates sit on a bench like a judge, they likely dress in regular clothes and do not wear formal robes.

What kind of cases do Magistrates hear?

A magistrate’s primary function is to assist in the heavy caseload of family law issues over which a judge would usually preside. Maryland magistrates handle very specific case types that include the following:

  • Uncontested divorce (divorce where the parties agree on the issues before the court to grant the divorce)
  • Alimony, child support, family home use, and custody issues Pendente Lite. (while the course is pending—see our previous blog. “Initial custody hearing in Maryland and how they relate to custody overall” to find out how this works in Maryland)
  • Paternity
  • Modification of custody
  • Constructive Civil Contempt related to custody, visitation, alimony, support, or use and possession
  • Children in Need of Assistance
  • Children in Need of Supervision
  • Delinquency
  • Attorney fees for the aforementioned case types

What are the limitations of what a magistrate can do?

Although magistrates hear an excessive amount of different family law cases, their power is limited. Limited in the sense that they do not issue final court orders. They can only propose recommendations. Those recommendations have to ultimately be approved and signed off by a Circuit Court judge as long as neither party submits objections to those recommendations within the allotted time period. No matter if your pending Maryland Family Court issues are before a judge or a magistrate, having an experienced Maryland family law attorney can be essential to the overall outcome of your case.  You need an experienced Maryland Family Law Attorney who will advocate on your behalf. He/She has to ensure that your case has been prepared to go before a magistrate, and ultimately a judge. Contact Angel Murphy with The Murphy Law Firm, LLC today to schedule a trial strategy meeting at (240) 493-9116 or angel@amurphylegal.com. If you are active on social media, Like us on Facebook @AMurphyLegal, Follow us on Instagram @AMurphyLegal, and on Twitter @AMurphy_Legal

Angel Murphy

Personable. Passionate. Persistent.

Circuit Court|Difference of Judge and Magistrate|Judge & Magistrate Process|Magistrate Limitations|Magistrates Case Types|Magistrates Functions|Maryland Family Court|Maryland Family Law|Maryland Judge|Maryland Magistrate

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