CHAPTER 16-12B
MAGISTRATE JUDGES
16-12B-1 Temporary transfer of magistrate judge--Powers and duties.
16-12B-1.1 Number of magistrate judges.
16-12B-1.2 Certification and information on nominees for magistrate judge--Approval by Supreme Court.
16-12B-1.3 Term of magistrate judges--Removal.
16-12B-2 Service as magistrate by retired justice or judge--Effect of acts--Expenses.
16-12B-3 Authority to solemnize marriages--Fees.
16-12B-4 Authority to administer oaths, etc..
16-12B-5 Jurisdiction to issue summonses, warrants.
16-12B-6 Right to counsel in magistrate court.
16-12B-7 Jurisdiction--Bonds and personal recognizance.
16-12B-8 Jurisdiction--Acceptance of defaults and trial of certain petty offenses--Acceptance of pleas--Sentencing.
16-12B-9 Jurisdiction--Forfeiture of appearance bonds.
16-12B-10 Jurisdiction--Committal.
16-12B-11 Jurisdiction--Trial of minor criminal cases.
16-12B-12 Jurisdiction--Small claim proceedings.
16-12B-13 Jurisdiction--Limitations.
16-12B-14 Jurisdiction--Mental illness cases.
16-12B-14.1 Jurisdiction--Adult probationary drug court program.
16-12B-15 Record of proceedings in magistrate court--Stenographic record--Costs--Appeal.
16-12B-16 Right of appeal to circuit court.
16-12B-17 Practice of law by magistrates.
16-12B-18 Court practice prohibited to full-time magistrates.
16-12B-1. Temporary transfer of magistrate judge--Powers and duties.
If the business of a magistrate court with a magistrate judge presiding becomes congested or if a magistrate judge is, for any cause, unable to act, the Chief Justice of the Supreme Court may, by order, temporarily transfer to such magistrate court a magistrate judge from another circuit. The magistrate judge acting in a county other than one in his or her own circuit shall have all the powers and duties of a magistrate judge regularly appointed and qualified therein.
Source: SL 2003, ch 117, § 10.
16-12B-1.1.Number of magistrate judges.
The number of magistrate judges in the judicial circuits established by § 16-5-1.2 is fixed as follows:
(1) First Circuit: Two full-time magistrate judges;
(2) Second Circuit: Five full-time magistrate judges;
(3) Third Circuit: Two full-time magistrate judges;
(4) Fourth Circuit: Two full-time magistrate judges;
(5) Fifth Circuit: One full-time magistrate judge;
(6) Sixth Circuit: One full-time magistrate judge; and
(7) Seventh Circuit: Four full-time magistrate judges.
Source: § 16-12A-3.1; SL 2004, ch 317 (Supreme Court Rule 03-16), eff. Jan. 1, 2004; SL 2013, ch 264 (Supreme Court Rule 13-03), eff. Feb. 14, 2013; SL 2015, ch 263 (Supreme Court Rule 15-01), eff. Jan. 16, 2015; SL 2016, ch 243 (Supreme Court Rule 16-04), eff. July 1, 2016; SL 2020, ch 245 (Supreme Court Rule 19-15), eff. May. 1, 2019; SL 2024, ch 237 (Supreme Court Rule 23-16), eff. June 15, 2023.
16-12B-1.2. Certification and information on nominees for magistrate judge--Approval by Supreme Court.
The presiding judge of each circuit shall certify to the state court administrator the name of each law-trained person that he proposes to appoint in his circuit. Prior to the appointment of any magistrate judge the presiding judge shall present to the state court administrator a resume of the applicant's qualifications setting forth the proposed salary offered and clearly defining the geographical area he will serve and his anticipated work load. The state court administrator shall distribute this information to all members of the court.
The Supreme Court may approve or disapprove the appointment with or without hearing and notify the presiding judge of the court's decision.
Source: § 16-12A-7.2; SL 2004, ch 320 (Supreme Court Rule 03-19), eff. Jan. 1, 2004.
16-12B-1.3. Term of magistrate judges--Removal.
Persons appointed as full-time magistrate judges shall be appointed for a term of four years from and after the date of the approval of the appointment by the Supreme Court subject to any conditions imposed by the Supreme Court. Full-time magistrate judges may be subject to removal upon recommendation of the Judicial Qualifications Commission and the action of the Supreme Court thereon. The Supreme Court may also, in its discretion, refer any matter to the Judicial Qualifications Commission to conduct an investigation and file a report with the court concerning the conduct of any full-time magistrate judge. Persons appointed as part-time magistrate judges shall be appointed by the presiding judge of the circuit court, subject to the approval of the Supreme Court, and shall serve at the pleasure of the presiding judge. Upon termination of any appointment the presiding judge shall forthwith notify the state court administrator thereof. Nothing in this section shall be construed to limit the Supreme Court's inherent authority to regulate magistrate judges.
Source: § 16-12A-4.1; SL 2004, ch 318 (Supreme Court Rule 03-17), eff. Jan. 1, 2004; SL 2011, ch 247 (Supreme Court Rule 11-04), eff. Mar. 2, 2011.
16-12B-2. Service as magistrate by retired justice or judge--Effect of acts--Expenses.
Retired justices and judges, with their consent, may be authorized by the Chief Justice of the Supreme Court to preside in any action or proceeding, or over any term of court, in the magistrate court. If so authorized and acting, the orders, judgments, and decrees of that court entered by such retired justice or judge are as effectual for all purposes as though made by a regularly elected or appointed magistrate. The Supreme Court shall provide for the reimbursement of their expenses.
Source: SL 2003, ch 117, § 11.
16-12B-3. Authority to solemnize marriages--Fees.
A magistrate judge appointed pursuant to this chapter may solemnize marriages. The clerk of courts shall collect a fee of twenty dollars for a magistrate's performance of a marriage. The clerk of courts shall remit fees collected under this section to the state treasurer for deposit in the state general fund.
Source: SL 2003, ch 117, § 12.
16-12B-4. Authority to administer oaths, etc..
A magistrate judge appointed pursuant to this chapter may administer oaths, take acknowledgments, and depositions.
Source: SL 2003, ch 117, § 13.
16-12B-5. Jurisdiction to issue summonses, warrants.
A magistrate court with a magistrate judge presiding has concurrent jurisdiction with the circuit courts to issue summonses, warrants of arrest, and warrants for searches and seizures.
Source: SL 2003, ch 117, § 14.
16-12B-6. Right to counsel in magistrate court.
No party may be deprived of the assistance of an attorney, at the party's expense, in small claims or magistrate court.
Source: SL 2003, ch 117, § 15.
16-12B-7. Jurisdiction--Bonds and personal recognizance.
A magistrate court with a magistrate judge presiding has concurrent jurisdiction with the circuit courts to fix bond or take personal recognizance of persons charged with an offense.
Source: SL 2003, ch 117, § 16.
16-12B-8. Jurisdiction--Acceptance of defaults and trial of certain petty offenses--Acceptance of pleas--Sentencing.
A magistrate court with a magistrate judge presiding has concurrent jurisdiction with the circuit courts:
(1) To accept defaults for petty offenses;
(2) To try contested cases involving a petty offense;
(3) To take pleas of guilty, not guilty, nolo contendere for any criminal offense; or
(4) To take pleas of guilty, not guilty, nolo contendere for violation of any ordinance, bylaw, or other police regulation of a political subdivision;
if the punishment is a fine not exceeding two thousand dollars or imprisonment for a period not exceeding one year, or both such fine and imprisonment and to impose sentence upon a plea of guilty or nolo contendere. Acceptance of not guilty or nolo contendere pleas shall be in accordance with §§ 23A-7-2 and 23A-7-8, as applicable. A magistrate court with a magistrate judge presiding has concurrent jurisdiction with the circuit courts to try cases for all violations under § 32-22-55 that involve civil penalties, notwithstanding the amount of the civil penalty.
Source: SL 2003, ch 117, § 17; SL 2007, ch 135, § 1, eff. Mar. 2, 2007; SL 2009, ch 103, § 1.
16-12B-9. Jurisdiction--Forfeiture of appearance bonds.
A magistrate court with a magistrate judge presiding has concurrent jurisdiction with the circuit courts to take forfeitures of appearance bonds for violation of any ordinance, bylaw, or other police regulation of a political subdivision.
Source: SL 2003, ch 117, § 18.
16-12B-10. Jurisdiction--Committal.
A magistrate court with a magistrate judge presiding has concurrent jurisdiction with the circuit courts to act as a committing magistrate for all purposes.
Source: SL 2003, ch 117, § 19.
16-12B-11. Jurisdiction--Trial of minor criminal cases.
A magistrate court with a magistrate judge presiding has concurrent jurisdiction with the circuit courts to try and determine all cases of misdemeanor and actions or proceedings for violation of any ordinance, bylaw, or other police regulation of a political subdivision.
Source: SL 2003, ch 117, § 20.
16-12B-12. Jurisdiction--Small claim proceedings.
A magistrate court with a magistrate judge presiding has concurrent jurisdiction with the circuit courts to try and determine all small claim proceedings.
Source: SL 2003, ch 117, § 21.
16-12B-13. Jurisdiction--Limitations.
A magistrate court with a magistrate judge presiding has concurrent jurisdiction with the circuit courts to try and determine any civil action if the debt, damage, claim, or value of the property involved does not exceed twelve thousand dollars. A magistrate court with a magistrate judge presiding has concurrent jurisdiction with the circuit courts to try and determine any action for a protective or restraining order or injunctive relief pursuant to chapter 22-19A, 25-10, or 21-65. If the action is for protection from domestic abuse, a magistrate judge may not issue an ex parte protection order pursuant to § 25-10-6, or try any petition that calls for either the award of temporary custody or establishment of temporary visitation of a minor child of the parties, or try any petition that establishes temporary support for either a minor child of the parties or a spouse. Any magistrate court with a magistrate judge presiding has jurisdiction in any small claims proceeding if the debt, damage, claim, or value of the property involved does not exceed twelve thousand dollars.
Source: SL 2003, ch 117, § 22; SL 2008, ch 105, § 1; SL 2016, ch 112, § 1; SL 2018, ch 126, § 1.
16-12B-14. Jurisdiction--Mental illness cases.
A magistrate court with a magistrate judge presiding has jurisdiction, upon assignment of the presiding judge of the circuit, to act in lieu of a circuit judge having jurisdiction heretofore granted to county courts or district county courts or judges thereof in relation to the enforcement or administration of the provisions of Titles 27A and 27B.
Source: SL 2003, ch 117, § 23.
16-12B-14.1. Jurisdiction--Adult probationary drug court program.
Any magistrate court with a magistrate judge presiding has authority, upon assignment of the presiding judge of the circuit, to act in lieu of a circuit judge having jurisdiction to administer and preside over an adult probationary drug court program.
Source: SL 2007, ch 134, § 1.
16-12B-15. Record of proceedings in magistrate court--Stenographic record--Costs--Appeal.
Except in small claims proceedings, a verbatim record of all proceedings and evidence at trials before a magistrate court with a magistrate judge presiding shall be maintained either by electrical devices or by stenographic means, as the magistrate may direct. However, if any party to the action requests stenographic reporting of the proceedings, the reporting shall be done stenographically. The requesting party in a civil matter shall pay the costs of reporting the proceedings. If no record is kept, the appeal, if appeal is authorized by law, shall be de novo in circuit court.
Source: SL 2003, ch 117, § 24.
16-12B-16. Right of appeal to circuit court.
Unless appeal is denied by law, there is a right of appeal to the circuit court from any final order or judgment of the magistrate court with a magistrate judge presiding, and such appeal shall be taken in the manner prescribed by law or rule for appeals to the circuit court.
Source: SL 2003, ch 117, § 25.
16-12B-17. Practice of law by magistrates.
Any attorney who is a part-time magistrate judge may practice law under such conditions as the circuit judges sitting en banc in the judicial circuit may provide, subject to Supreme Court rule.
Source: SL 2003, ch 117, § 26.
16-12B-18. Court practice prohibited to full-time magistrates.
No magistrate judge appointed on a full-time basis may act as counsel or be associated with others as counsel in any court of this state. Each magistrate judge is bound by the Code of Judicial Conduct adopted by the Supreme Court.
Source: SL 2003, ch 117, § 27.
