Magistrate judges have different qualifications and selection processes in the US, Australia, and the UK. In the US and Australia, one must have legal experience and be appointed, while in the UK, volunteers can become magistrates after training.
In the United States and Australia, the only way to become a magistrate judge is to first become an ordinary judge, usually at the state or local level, and then be appointed to the position of magistrate by an official committee. Becoming a judge is no easy task. Typically, it requires a law degree and several years of experience in law. If you are in the UK, however, you can become a magistrate judge much more easily. There, all a person has to do is volunteer and pass a basic screening – no legal training is required.
The role of magistrate judges varies greatly from country to country. In the United States, magistrate judges are essentially more temporary trial judges. The US magistrate system emerged in the mid-1960s as a means of alleviating some of the cash-loading pressures facing the federal courts. Federal district court judges are appointed for life by the president. A magistrate judge, on the other hand, is selected by a panel of district court judges and is elected for an eight-year term.
To become a magistrate judge under this system, you usually must already be a judge in a nearby court. Most judges appointed to become magistrates preside over state courts or superior courts. It is sometimes possible to self-nominate for the election of magistrates, but more often the nominations are strictly internal. The best thing to do if you want to become a magistrate judge in the US is to network with district court judges and publicize your aspirations.
Australian magistrate judges are selected by an entirely different process. In Australia, the Federal Magistrates Court is a court that deals almost exclusively with family law matters. A magistrate judge in this scenario is simply a judge whose home is the Magistrates’ Court. These judges are all appointed by the Chief Federal Magistrate.
As in the US, there is no way to guarantee this commitment. Much of what it takes to become a magistrate judge in Australia is experience with family law, a good track record as a judge and a solid reputation within the court system. Connections with the chief federal magistrate always help too.
The English magistrate system, by comparison, is something of an anomaly. In the UK, magistrate judges are essentially volunteers from the community who, after a lengthy training process, are authorized to hear and adjudicate in a wide variety of so-called ‘minor’ cases. Magistrates can issue fines and sentence offenders to up to six months in prison. Public drunkenness, petty theft, and some drug-related offenses are brought before magistrates. More serious crimes, as well as any crime worthy of more than six months in prison, must be referred to a judge of the Court.
Crown Court judges resemble most judges in the US, Australia and elsewhere. A UK magistrate, however, is largely a characterization in itself. In the UK, anyone, regardless of their background and training, can volunteer to become a magistrate judge. Magistrates must be willing to take periodic half-days from their jobs in order to attend and preside over hearings. UK law requires employers to grant employees leave to work with magistrates, and most employers offer paid leave.
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