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2008 SESSION

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SB 244 Magistrates; reforms system by transferring appointment and supervisory responsibilities.

Introduced by: Janet D. Howell | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Magistrates. Reforms the magistrate system by transferring appointment and supervisory responsibilities from the circuit court judges to the Executive Secretary of the Supreme Court, although the chief judges of the circuit courts in the region are to be consulted regarding appointments. Magistrates initially appointed on or after July 1, 2008, must have a bachelor's degree from an accredited college and persons appointed chief magistrates on or after July 1, 2008, are required to be members in good standing of the Virginia State Bar. No magistrate appointed on or after July 1, 2008, may practice law. No magistrate may engage in any other business without the approval of the Executive Secretary. Magistrates will have to serve an initial nine-month probationary period (currently, six months), complete a minimum training program and pass a certification exam. The bill broadens magistrates' geographical assignment from within a particular judicial district to regions established by the Executive Secretary. The bill makes technical amendments replacing "justice of the peace" with "magistrate" and removes references to magistrates serving only within a particular jurisdiction or district. This bill is identical to HB 903.

SUMMARY AS PASSED SENATE:

Magistrates. Reforms the magistrate system by transferring appointment and supervisory responsibilities from the circuit court judges to the Executive Secretary of the Supreme Court, although the chief judges of the circuit courts in the region are to be consulted regarding appointments. Magistrates initially-appointed on and after July 1, 2008, must have a bachelor's degree from an accredited college and persons appointed chief magistrates on and after July 1, 2008, are required to be members in good standing of the Virginia State Bar. No magistrate may practice law, or engage in any other business without the approval of the Executive Secretary. Magistrates will have to serve an initial nine-month probationary period (currently, six months), complete a minimum training program and pass a certification exam. The bill broadens magistrates' geographical assignment from within a particular judicial district to regions established by the Executive Secretary. The remainder of the bill makes technical amendments replacing "justice of the peace" with magistrate" and removes references to magistrates serving only within a particular jurisdiction or district.

SUMMARY AS INTRODUCED:

Magistrates. Reforms the magistrate system by transferring appointment and supervisory responsibilities from the circuit court judges to the Executive Secretary of the Supreme Court. The bill requires certain minimum educational requirements for magistrates. Beginning July 1, 2008, each magistrate shall have a bachelor's degree from an accredited college. The Executive Secretary can waive this. All chief magistrates are required to be members in good standing of the Bar. No magistrate may practice law, or engage in any other business without the approval of the Executive Secretary. Magistrates will have to serve an initial nine-month probationary period (currently, six months), complete a minimum training program and pass a certification exam. The bill broadens magistrates' geographical assignment from within a particular judicial district to regions established by the Executive Secretary. The remainder of the bill makes technical amendments replacing "justice of the peace" with magistrate" and removes references to magistrates only serving within a particular jurisdiction or district.