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 […]
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: Four 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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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.
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 […]
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 […]
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.
