Justice 24 hours a day

by Philip S. Ruckle Jr.

People don’t usually show up at the magistrate’s office in the middle of the night on a good day when things are going well.

In most cases, people seek out a magistrate when they have a problem and need help solving it, or at other times when they broke the law that created a problem and the police brought them in wearing handcuffs as part of the solution.

As a Constitutional member of the judicial branch of government, magistrates provide an independent and impartial review of complaints brought to them by law enforcement officers or the general public. At least one or more of the more than 670 North Carolina magistrates are on duty 24 hours a day every day of the year in all 100 counties.

As salaried state employees, magistrates perform numerous duties in both civil and criminal proceedings.

“The majority of what we see at night are domestic and driving while impaired cases,” says Currituck County Chief Magistrate Melissa Ferrell. I would say probably 90 percent.”

A deputy or a citizen will provide information for a magistrate to determine probable cause to charge. If a person being charged is already in custody, the paperwork is a magistrate order. If that person has not been arrested yet, a warrant for arrest is the proper paperwork.

Ferrell explained that in most cases when a person is arrested and brought in front of a magistrate, the first step is to establish probable cause for any charges. If there is, a court date is set and conditions of release are determined based on the nature of the charges, probability that the person charged will appear in court, and consideration of safety to the public or to the defendant. Other considerations include where the defendant lives, here locally in the county or in some other part of the United States or another country.

If they qualify, an unsecured bond is set, which means a defendant does not have to post any money to come back to court unless they miss a court date. If a secured bond is required, a bond scale established by district and superior court judges is used as a guide for how much bond should be.

Every step of the way is recorded through a new statewide computer system that is somewhat less than user friendly.

“When the new system works correctly it allows an officer to enter all the criminal violation information,” advised Ferrell. “A magistrate can then review it and approve it, and can print out the warrant for arrest from an offsite location.”

As with most places on the Outer Banks, magistrates are generally busier in the summer and can see half a dozen or more calls in a night. At other times there are nights that pass without any calls, but even then magistrates must still be ready and available.

Unlike judges, who are elected, magistrates are nominated for office by the clerk of superior court, appointed by the senior resident superior court judge, and supervised by the chief district court judge.

In order to be a magistrate one must be a resident of North Carolina, reside in the county or one contiguous to that county, and have a fouryear degree from an accredited senior institution of higher education. In the absence of a four-year degree, a twoyear associate degree and four years of work experience in a related field will do. A law degree is not required to be a magistrate and those in North Carolina who are attorneys are prohibited from practicing law while in office as a magistrate.

Each year magistrates are required to have several hours of continuing education on a wide range of criminal law and civil law subjects related to the performance of their duties. As an appointed judicial official, magistrates earn no sick leave or earn vacation days.

While they don’t normally take place at night, the magistrate is the only civil official in the state who can perform a marriage ceremony. Other duties and responsibilities of a magistrate set out by statute include:

• Issue criminal arrest warrants, search warrants, subpoenas and capiases

• Conduct initial appearances on criminal matters

• Set release conditions for non-capital offenses

• Accept guilty pleas and enter judgment for minor misdemeanors and infractions

• Administer oaths

• Conduct hearings for driver license revocations

• Hold vehicle towing validation hearings

• Validate impounding of vehicles in certain traffic offense charges

• Take depositions and examination before trial

• Take affidavits for verification of pleadings

• Provide punishment for direct criminal contempt

• Assign year’s allowances to surviving spouses and children

• Take acknowledgment of written contract or separation agreement

• Accept applications for involuntary commitments

• Issue temporary domestic violence protection orders under certain emergency conditions

• Appoint an umpire pursuant to North Carolina law to determine the amount of property damage to a motor vehicle

• Accept waivers of trial for some guilty pleas and, in appropriate cases, enter judgment and collect fines, penalties and costs

• Conduct small claims court hearings in cases involving disputes up to $10,000

• Enter orders for summary ejectment known as the eviction process

• Some magistrates are authorized to hear and enter judgments on worthless check cases <$2,000

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