What is the difference between a judge and a magistrate?

The difference between a judge and a magistrate is important to understand when navigating the court system in North Carolina. A judge is a public official who presides over a court of law, interpreting and applying the law to individual cases and ensuring the fairness of the proceedings. Judges are typically appointed by state or federal governments and serve life-long terms. In North Carolina, judges are appointed by the Governor and are subject to a retention vote every two years. A magistrate is a court official who typically handles minor civil matters, sometimes referred to as “non-trial matters.” Magistrates are appointed by judges to make decisions on matters such as issuing search and arrest warrants, setting defendant will appear in court when required.">bail, hearing minor disputes, and issuing protective orders. Generally, magistrates have more limited authority than a judge. Magistrates are appointed to serve a fixed term, often four years, and some states, such as North Carolina, require magistrates to have some legal training or experience. Magistrates report to the judge and must follow that judge’s orders and rulings.

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