how to become a magistrate

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how to become a magistrate

If you’re interested in the court and legal system, consider pursuing a role as a magistrate. These professionals work in smaller federal or state cases to convict criminals of minor crimes and misdemeanors. You must gain the necessary education, training and skill set to excel as a magistrate. In this article, we review what a magistrate is, the responsibilities they hold, the skills they have and how to become a magistrate.

What is a magistrate?
A magistrate is a judge who presides in both state and federal court cases. They’re typically allowed to enforce laws, but with limited jurisdictions. Magistrates oversee smaller cases and crimes, like traffic violations, petty thefts or other low-level misdemeanors. During these cases, magistrates have the authority to issue summonses, arrest warrants and search warrants. Magistrates often handle smaller court cases to give more qualified judges time and energy to handle larger and more complex court cases.

Related: How to Become a Judge Step By Step: Your Career Guide

What does a magistrate do?
Magistrates are judges who oversee a variety of court cases and the jury selection process during a felony trial. They’re often in charge of pre-trial issues, like discovery procedures, which involve gathering evidence for upcoming cases. After finishing pre-trial orders, magistrates may draft recommendations and reports of their case findings for the district judge to review. Other common duties a magistrate may hold include:

Presiding over petty offense and misdemeanor cases
Issuing arrest warrants, search warrants or summonses during trials or pretrials
Conducting detention hearings and initial appearance proceedings
Setting bail or other release conditions to criminals in smaller cases
Holding preliminary hearings or examinations after evaluating evidence
Administering oaths to attorneys, witnesses and suspects
Crafting reports and recommendations for judges to closely examine and consider for upcoming court cases
Magistrate salary and job outlook
The median salary of a magistrate is $136,910 per year, according to the United States Bureau of Labor Statistics. It also projects that the demand for magistrates should grow by 2% over the next 10 years. Since there are more ongoing court cases regularly taking place, the need for magistrates to handle smaller issues and misdemeanors should continue to grow as well.

Magistrate skills
Impressive magistrates must have a professional, calm and mature demeanor at all times during court cases. They should follow rationale thinking and logical problem solving when making difficult legal decisions and administering bail or release conditions. They must also refrain from any bias opinions to ensure a fair and just trial. Common skills a magistrate should have to excel in their role include:

Listening and interpersonal skills
Critical thinking and problem solving skills
Strong judgement and decision-making abilities
Written and verbal communication abilities
Public speaking and presentation skills
Logic and reasoning
Effective legal knowledge
Mediation and negotiation abilities
Related: 10 Reasons Why Soft Skills are Important to Employers

How to become a successful magistrate
Being a great magistrate requires advanced knowledge of state and federal laws, which you can gain through proper education, training and experience. Follow these steps to become a successful magistrate:

  1. Earn your bachelor’s degree
    Many law schools require students to complete their bachelor’s degrees in any field. Some schools prefer students to get an undergraduate degree in a field of study that’s related to pre law, such as economics, political science, business, history or philosophy. Consider taking courses that focus on law enforcement or criminal justice as well to better understand the legal system and ready yourself for law school.
  2. Study for the LSAT
    During your undergraduate program, you should study for the Law School Admission Test (LSAT.) This is an exam that tests students on areas like reading and comprehension, analysis of critical data and logical decision making. An impressive score that can get you into law school ranges from 150 to 170, depending on the institution. You can retake the test up to three times every two years.

Related: How to Answer Analytical Questions and the LSAT

  1. Enroll in law school
    Once you receive an impressive LSAT score, you can enroll in the law school of your choice. When you enroll, you must select the field of law you’d like to pursue, which can include environmental law, public rights law, international law and business law. You must also complete courses on basic legal subjects, such as legal ethics or criminal law.

Related: 7 Steps to Law School: Pre-Law Requirements

  1. Participate in a clinical education program
    Some educational institutions offer law students the opportunity to work directly under experienced lawyers during larger court cases that require additional assistance. Many law students offer their services for free during these programs while receiving valuable experience in a courtroom setting. Clinical education programs can also make it easier for you to understand which specialty in the legal field you’d like to pursue.
  2. Gain professional experience as a lawyer
    Some states don’t require magistrates to become lawyers, but if you’d like to practice as a federal magistrate judge, you must first become a lawyer. Earn your Juris Doctor degree and receive a license from the state to legally practice as a lawyer. Licensing requirements include passing your state’s bar exam and a background check. Conduct research to see if your state has additional licensing requirements.

Once you’re a licensed lawyer, you can work closely with established lawyers in an entry-level role as an associate at a law firm. You must work for several years as a lawyer to become a highly recognized and esteemed lawyer in your field.

  1. Network in your industry
    Federal district judges typically appoint or elect magistrate judges to their roles after noticing how well they perform as lawyers. You must gain political support to become more recognized by local and state officials and legal professionals. Get positive attention through public events like community fundraisers, political parties or volunteer opportunities. Network at these events by introducing yourself to public officials and expressing your interest in becoming a magistrate judge.
  2. Continue your education
    When you earn a role as a magistrate judge, you may need to complete additional educational courses every two or three years to hold your position and to stay updated on legal changes. You must also keep your law license by following the renewal requirements put forth by your state. Some of these requirements involve paying fees, taking continuing education courses and submitting paperwork. Research your state’s guidelines to learn more about its specific requirements.

magistrates allowances

Expenses can cover certain costs, including travel and subsistence where required.

It is expected that magistrates will commit to a minimum of 26 half-day sittings in court each year. The law requires employers to grant magistrates sufficient time off work to enable them to fulfil their magisterial duties; please check the Employment Rights Act to ensure you know your rights.

Magistrates who suffer a loss of earnings as a result of their duties can claim a loss allowance, usually at a set rate; evidence of financial loss must be provided before magistrates can make a claim.

Below you will see the rates of allowance for financial loss, travel and subsistence (as of May 2010). Please note that these are maximum figures.

Financial Loss Allowance
Allowance Type

Allowance Rate from 1 April 2021

Gross Rate

(self employed justices)

Up to four hours

£67.48
Over four hours

£134.96
Net Rate

(other justices)
Up to four hours

£53.98
Over four hours

£107.97
The upper payment threshold applicable to a magistrate’s claim for financial loss is that which applied on the date of the submission of their most recent Annual Declaration.

Ministry of Justice’s guide for employers.

Motor Vehicle Allowance from 1 April 2021
Reimburesment rate per mile
Cars and vans (including hybrid and electric) 45p
Motor cycles 24p
Bicycles 20p
Passenger payment 5p
The applicable mileage rates are the approved tax-free mileage rates set by HMRC as available on gov.uk. Rates given are correct as at November 2020. The car and van rate is applicable for the first 10,000 miles in a financial year; miles thereafter are reimbursed at 25p per mile.

Subsistence Allowances
Allowance Type

Allowance Rate

Night Subsistence: outside London
£100.00

Night Subsistence: within London
£120.00

Day Subsistence: 4 to 8 hours absence
£7.45

Day Subsistence: 8 to 12 hours absence
£10.38

Day Subsistence: over 12 hours absence
£19.60

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