Legal Definitions - magistrate

A magistrate is a type of judge who has limited authority to hear certain issues. They can be found in both federal and state court systems.

In the federal court system, magistrates are judges appointed by the district judges of the court to assist the district court judges. They can:

• Issue warrants
• Conduct preliminary proceedings such as arraignments
• Handle pretrial motions, such as motions to suppress

However, federal magistrates may generally not rule on dispositive matters, such as granting motions for summary judgment.

Some state court systems also have judges with the title of magistrate. For example:

• In Georgia, each county elects a chief magistrate who serves as the court of first resort for issues such as landlord-tenant disputes, county ordinance violations, preliminary hearings of criminal cases, and other minor issues.
• In Texas, all judges are defined as magistrates.

These examples illustrate how magistrates can have different roles and responsibilities depending on the court system they are a part of. In both federal and state courts, magistrates have limited authority and are often tasked with handling preliminary matters before a case goes to trial.