What is the difference between a judge and a magistrate?

The difference between a judge and a magistrate in South Carolina is that a judge presides over criminal and civil trials as well as other legal matters in a court of law. Judges must be appointed by the Governor after completing a rigorous application process. Judges must have graduated law school, passed the bar exam, and have a legal background. Magistrates, on the other hand, are not required to have a law background and are usually appointed by the local county council. They preside over less serious criminal matters such as traffic violations, arraignments, and preliminary hearings. They also have the authority to issue search and arrest warrants, set bonds, and preside over certain civil matters such as small claims disputes. While both judges and magistrates are tasked with upholding the law and providing fair hearings, the level of responsibility and authority of each is vastly different. A judge is responsible for providing legal decisions in court and making sure that the proceedings are fair, while a magistrate often only has the authority to preside over a hearing and make a recommendation to the court.

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