Vol 8 No 13 14th January 2008-'What Do You Know About Magistrates?

SQUIB FEATURE
WHAT DO YOU KNOW ABOUT “MAGISTRATES”? BY www.pinheiro-law.com

1. The term "MAGISTRATE" from Old French is derived from
Middle English word "magistrate" known since c.1374, "civil officer in charge of administering laws", magistrate from Latin "magistratus", from magister "master", itself from contrastive adjective from the adverb ma^ "more", itself a comparative degree of magnus ("great").

2. ORIGINAL MEANING
In Roman antiquity, the word magistratus was created to indicate the highest offices of state.
The term was maintained in most feudal successor states to the western Roman Empire, mainly Germanic kingdoms, especially in city-states, where the term magistrate was also used as an abstract generic term, denoting the highest office, regardless of the formal titles (e.g., Consul, Mayor, Doge), even when that was actually a council. The term "chief magistrate" applied to the highest official, in sovereign entities the head of state and/or head of government.

3. CONTINENTAL EUROPE AND ITS FORMER COLONIES
Under the civil law systems of European countries such as Italy, Spain, Belgium and France, "magistrate" is a generic term which comprises both prosecutors and judges (distinguished as 'standing' versus 'sitting' magistrature).

4. FINLAND
A magistrate is a state-appointed local administrative officer whose responsibilities include population information, public registers, acting as a public notary and conducting civil marriages and same-sex unions.

5. MEXICO
In Mexico a Magistrado, or magistrate, is a superior judge just below the Supreme Court Justices (Ministros de la Corte Suprema in Mexico) in Mexico) in the Federal Law System and the highest ranking judge of any State. They review the cases seen by a judge in a second term if any of the parties does not agree with the verdict. In some special cases, there are Superior Magistrates that review the verdicts of other magistrates in special Courts or Tribunals.

6. AUSTRALIA
STATE MAGISTRATE
In some states such as Queensland and NSW, the Magistrate may appear robed, although some Magistrates are known to prefer a business suit.
Historically, Magistrates in Australia have been referred to as "Your Worship". (From Old English weorthscipe, meaning being worthy of respect.) However, members of the magistracy are now addressed as "Your Honour" in all states. This was partly to recognize the increasing role magistrates play in the administration of justice, but also to recognise the archaic nature of "Your Worship" and the tendency for witnesses and defendants to incorrectly use "Your Honour" in any event. It is also acceptable to address a magistrate simply as Sir or Madam.

7. INDIA
There are categories of magistrates in India. This classification is given in the Criminal Procedure Code, 1973. It stipulates that in each session's district, there shall be:
• A Chief Judicial Magistrate
• Judicial Magistrates First Class;
• Judicial Magistrates Second Class; and
• Executive Magistrates
• District Magistrate (DM)

8. NEW ZEALAND
The position of stipendiary magistrate in New Zealand was renamed in 1980 to that of district court judge. The position was often known simply as magistrate, or the post nominal initials SM after a magistrate's name in newspapers' court reports.

9. UNITED STATES
The terms "magistrate" or "chief magistrate" was sometimes used in the early days of the republic to refer to the President of the United States, as in President John Adams's message to the U.S. Senate upon the death of George Washington: "His example is now complete, and it will teach wisdom and virtue to magistrates, citizens, and men, not only in the present age, but in future generations, as long as our history shall be read" (December 19, 1799).
The office of United States magistrate judge was established by the Federal Magistrates Act of -1968 [Pub. L. No. 90-378,82 Stat. 1107 (1968), codified as amended at 28 U.S.C. 604, 631-639 and 18 U.S.C. 3401-3402].
Magistrates are referred to by the litigants and lawyers that appear before them as "Judge" or "Your Honor."