What is the difference between a judge and a magistrate?

The judicial system in California has two types of court officials: judges and magistrates. Judges are appointed and sworn into office, while magistrates are appointed to their position by the court. Judges have the power to preside over criminal and civil cases. Generally, they are in charge of the whole court process, from start to finish. Judges also have jurisdiction to hear appeals from lower courts, set sentences, and pass judgments. They also may grant pardons, quash or reduce sentences, or suspend convictions. On the other hand, magistrates are appointed to help the court in carrying out its work. While they don’t have the same power as a judge, they may handle misdemeanor cases, such as traffic cases, small claims, domestic relations matters, and preliminary hearings. They also may swear in witnesses, administer oaths, and hear evidence in civil matters. In short, the main difference between a judge and a magistrate is the level and scope of their power and authority. Judges hold greater power and authority than magistrates and can preside over criminal and civil cases, grant pardons or set sentences, while magistrates assist and work with the court in a number of matters.

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