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2023 SESSION

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HJ 530 Magisterial system; Joint Legislative Audit and Review Commission to study.

Introduced by: Wren M. Williams | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Study; JLARC; magistrates; report. Directs the Joint Legislative Audit and Review Commission (JLARC) to, by November 30, 2024, study the magisterial system in the Commonwealth in order to analyze its effectiveness, compare the organization and use of magistrates in the Commonwealth to that of other states with both similar and dissimilar magisterial systems, and those without magisterial systems, and provide suggestions for improving the magisterial system in the Commonwealth. In conducting its study, JLARC is directed to (i) define the term "magistrate" as it is used in the Commonwealth and by other states that use the same or a similar term; (ii) determine which states use magistrates in a role or function comparable to the Commonwealth and compare the role or functions and workloads of such magistrates to magistrates in the Commonwealth; (iii) determine the methods of selection, methods of oversight, and the term lengths, if any, of magistrates in other states that use magistrates in a role or function comparable to the Commonwealth; (iv) determine which states do not have magistrates and identify in such states who performs the functions of that of a magistrate; (v) determine in which states the role or functions performed by magistrates differ significantly from the role or functions performed by magistrates in the Commonwealth and analyze (a) the difference in the role or functions performed by such magistrates in other states as well as the difference in education and training requirements for such magistrates in other states, (b) where such magisterial role or function falls within such other states' judicial or justice system and the overall workload for and effectiveness of such magisterial role or function, and (c) any potential limitations with such magisterial role or function in such other states as compared to the magisterial system in the Commonwealth; and (vi) provide recommendations for the improvement or reorganization of the magisterial system in the Commonwealth.


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