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

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Presentation on theme: "Supervising Magistrates Special Topics Seminar April 13, 2005 Joan Brannon."— Presentation transcript:

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 Administrative supervision and authority over the operation of the magistrates in the district Assign matters to magistrates Assign matters to magistrates Prescribe times and places available for work Prescribe times and places available for work Delegate in writing to another district court judge or the clerk Delegate in writing to another district court judge or the clerk Assignment for temporary duty out of county Assignment for temporary duty out of county

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

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

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

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

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


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