What is the difference between a judge and a magistrate?

The difference between a judge and a magistrate in West Virginia is important to understand when going to court. Judges are appointed by the Governor and serve for life until their resignation or retirement. Magistrates are appointed by the executive branch and serve a six year term. Judges preside over circuit court and magistrate court. A circuit court judge’s decisions are final and cannot be appealed. In magistrate court, if someone doesn’t agree with a magistrate’s ruling, they have the right to appeal their case to the circuit court. Judges are responsible for overseeing various civil and criminal cases such as divorces, personal injury, adoptions, business cases, and juvenile matters. Judges have the power to interpret the law and set sentencing for criminal cases, depending on the severity of the crime. Magistrates are responsible for smaller civil cases like small claims, landlord/tenant disputes, and collections cases. They also handle preliminary hearings in criminal cases. Magistrates do not have the power to interpret the law or pass sentences. Instead, their role is to review the facts, apply the law, and make a decision in those cases. They can issue restraining orders and protective orders for domestic violence cases as well. In conclusion, the difference between a judge and a magistrate in West Virginia is that judges have the final say in circuit court and can set sentencing in criminal cases, whereas magistrates hear smaller civil cases and only have the ability to make decisions based on the law, not interpret it.

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What is the difference between a judge and a magistrate?

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