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Supervising Magistrates

Supervising Magistrates. Special Topics Seminar April 13, 2005 Joan Brannon. General Supervision GS 7A-146. Administrative supervision and authority over the operation of the magistrates in the district Assign matters to magistrates Prescribe times and places available for work

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Supervising Magistrates

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  1. Supervising Magistrates Special Topics Seminar April 13, 2005 Joan Brannon

  2. General Supervision GS 7A-146 • Administrative supervision and authority over the operation of the magistrates in the district • Assign matters to magistrates • Prescribe times and places available for work • Delegate in writing to another district court judge or the clerk • Assignment for temporary duty out of county

  3. General Supervision • Required training • Basic School--GS 7A-171.2 • 12 hours every two years (resolution) • Institute of Government training • Other training--Jim Gray, AOC • Meeting with magistrates • Dress code • Handling complaints • Clerk supervises record-keeping and accounts GS 7A-175

  4. Duties Regarding Small Claims • Written assignment of cases[GS 7A-211] • Include authorization to hear motor vehicle liens • Determination of how to determine amount in controversy when prejudgment interest claimed and when unfair trade practice claim • Vacation rental agreement ejectments • Authority to set aside judgments for excusable neglect, mistake, surprise [GS 7A-228(a)] • Can perform marriages anywhere in NC

  5. Duties Regarding Criminal Matters • Bond policy--superior court judge consults with chief district judge[GS 15A-535] • Try worthless check cases[GS 7A-273(6)] • Guidelines for sentencing when take waivers of trial and guilty pleas for worthless checks[GS 7A-273(8)] • Affidavits required • Authority to hear Class 3 misdemeanors is automatic, not by authority of chief judge[GS 7A-273(1)] • Ex parte domestic violence orders/ 50C • Juvenile petitions[GS 7B-404]

  6. Removal of MagistratesGS 7A-173 • Written sworn charges filed with clerk • Chief may suspend with pay • Order hearing if charges if true would constitute grounds for removal • Give written notice to magistrate of charges and hearing • Hearing not less than 10 nor more than 30 days after notice

  7. Grounds for Removal • Willful misconduct in office • Willful and persistent failure to perform duties • Habitual intemperance • Conviction of a crime involving moral turpitude • Conduct prejudicial to administration of justice that brings office into disrepute

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