Its so sad. You will be gaining a lot of insight into the dos and donts of lawyering as a law clerk! Benefits of being a judicial magistrate:- 1- Judges are impartial decision makers in the pursuit of justice. State trial court judges sometimes also have law clerks. Copyright Get Revising 2023 all rights reserved. 1000 more judges would be required. Copyright Get Revising 2023 all rights reserved. Some interviewees were so unhappy that they felt unable to encourage anyone to join the magistracy. You can also change some of your preferences. Everything is going well. All levels of federal judges have law clerks: District Court judges (and sometimes even magistrates), Circuit Court judges, and Supreme Court justices. We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. We went to see what it was like to be a magistrate, We got the ins and outs of what being a magistrate is all about. But Roger Sanders, who also works as a gardener, has been dispensing down-to-earth justice since he became a magistrate 12 years ago. Law graduates are eligible to hold positions in all three branches of government: legislature, executive, and judiciary. You have powers that are often life changing to people. "Defendants are supposed to be judged by their peers but how can that work when you're in your 60s and there's a 25-year-old in the dock?". Note that blocking some types of cookies may impact your experience on our websites and the services we are able to offer. The individual must be at least 35 years old (age differs from state to state). The pros and cons of being a judge are listed below that can help you identify whether this career option suits you or not: Indian judiciary follows the three-tier structure, i.e., the union judiciary (Supreme Court), state judiciary (High Courts and courts subordinate to it), and subordinate judiciary (District Courts). This speeds up court proceedings, helping to reduce the time cases spend getting to and being heard in court, relieving some of the pressure on the legal system. Your email address will not be published. "I think more young people should become involved," he said. Inconsistent-May forget sentences due to working only 13 days a year. It saddens me that applications are dwindling and as many approach the retirement age of 70 this could further deplete the numbers. Judge is a very reputed position in the Indian judiciary. There is a cap on the first 60 applications received. Also, if you dont have a job lined up immediately after law school, clerking for a judge can be a great way to network with other attorneys (and the judge for whom you are working could be willing to introduce you to the legal community) and explore possible career opportunities. I think its a wonderful thing. Legal guidelines state magistrates should be from a range of backgrounds, reflecting the community they serve in terms of race, gender, occupation, political affiliation and where they live. This will offer an opportunity to select suitable qualified fresh legal talent through a proper all-India merit selection system. Then, the interview is the last stage where the candidates are judged and selected based on their qualities, including general interest, personality, and intelligence. Professional Proofreading and Copy-Editing. Live in local area as they know local news. Not representative - similar criticisms to judiciary being from middle-class and professional backgrounds A study which took place in 2000 found that using lay magistrates cost 53.10 per hour, whereas using a district judge would cost 61.78 an hour. Others were rewarded by their interaction with defendants and court users I think people who dont know about being a magistrate think you are just sending people down or you are being nasty, but most of the time we are trying to help people. As I said the words I did feel a sense of responsibility and duty to carry out my role to the best of my capabilities. She said: Being a magistrate fits in really well with my full time career. In the final piece in our series, we look at the magistrates themselves. Thats all changed. Judges safeguard the courts dignity in society without being biased or putting themselves in a risky position. At the crash site of 'no hope' - BBC reporter in Greece. Completed applications should be sent to [email protected] . The judicial service exam has three phases, i.e., preliminary, mains, and interview. At present magistrates must retire at 70 and the current recruitment drive is also hoping to improve the diversity of the bench. The preliminary examination is an MCQ-based paper, and the person qualifying for this exam will be entitled to appear for the mains examination. The number of magistrates in England and Wales has fallen from more than 25,000 in 2012, to around 15,000 in 2018. Another agreed: for me, its less about remuneration than about the efficiency of the process I feel Id be valued more if there werent days like I had today. A judge must determine the guilt or innocence of criminal defendants in criminal court and impose punishments on those found guilty. Being a magistrate offers employees new learning opportunities and a focus beyond work as well as an increased understanding of local issues. This involves setting the timetable, deciding bail, hearing the evidence and deciding on a verdict. In March 2018, I startedWritingLaw.com. Before we start thinking about the advantages of magistrates, we will first consider what they are and how the magistrates' courts work. There are a small number of jobs that can exclude someone from being a magistrate where this would create a conflict of interest, for example, being part of the police force. Other graduates may hold positions in the legislature and executive branch but not in the judiciary. Candidates called for interviews are three times the number of vacancies available. Public confidence- Like everyone else, and have life experiences. Get Revising is one of the trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. The manager threatened the magistrate with a disciplinary process. Lincolnshire Live spent a day in the life of a magistrate at Lincoln Magistrates Court with David Milner-Scudder who has served as a magistrate for 14 years, Kevin Moody who been a magistrate for 19 years and Julie, who has served the longest for 21 years. It is a job with a high level of responsibility and is a very reputed position. There are certain advantages and disadvantages to using lay magistrates. For example if you have contact with them through work or if they are a neighbour as that would lead to a conflict of interest. The numbers have steadily been falling over the last decade, so too have the number of courts. In addition, magistrates are a relatively cheap option for the legal system compared to judges. A judge must be fair and impartial, doing everything for the sake of justice and nothing for the benefit of friends or family. Change), You are commenting using your Twitter account. Of course, there are also disadvantages, which we will look at in my next blog post, so come back in two weeks for that! Its the little wins that really make it worth it, says Kevin Moody. Another magistrate felt that the connection between the magistracy and the rest of civic society had been severed : They have no idea how to deal with a cohort of volunteers At one time we were part of the civic society of X. Were more and more divorced from that. Several issues contributed to their unhappiness, 1) The closure of courts and diminution of local justice, Many interviewees felt that the magistracy was rooted in local justice and this value had been undermined by the closure of courts and the way it was done. 4% are under 40, 50% are over 60. I find all the interference behind the scenes which blocks us from doing what we want to do totally and utterly irritating. "My wife said, go on, you could do that' and off I went.". Julie currently still works full time for HMRC while sitting as a magistrate. We find this increasingly difficult to accept. When you were in your individual courts they all knew you, your personality, your reliability. DeSantis won't say he's running. For example, magistrates can claim expenses on things such as travel. Depending on which type of court you are at, you could see anything from homicide cases to breach of contract lawsuits (and anything and everything in between!). The jury system uses a specific group size to help reduce bias. As a magistrate I feel like Im giving something back and helping put people on the right path.. Video, Record numbers of guide dog volunteers after BBC story, Magistrates' court: Prosecuting cases from Spice to knife crime, 'Exhausting' - a day in the life of a duty defence lawyer, made by criminal solicitor Katy Hanson, that while there are flaws in the system, Prince Andrew offered Frogmore Cottage - reports, Ed Sheeran says wife developed tumour in pregnancy, Man survives 31 days in jungle by eating worms, Bieber cancels remaining Justice world tour dates, China and Belarus call for peace in Ukraine, Eli Lilly caps monthly insulin costs in US at $35, Kobe Bryant widow wins $29m settlement from LA. Show Will my employment affect my eligibility to become a magistrate? In the Governments view, a properly framed All India Judicial Service will significantly strengthen the overall justice delivery system. As part of Volunteers' Week 2021, we spoke to two magistrates, Dan and Katherine, about balancing volunteering as a magistrate with a career. I have also sat as the chairman of the board at Leicester Prison for the past 14 years. Clerking provides a great opportunity to observe other lawyers in the courtroom setting and gain a lot of exposure to what does (and does not) work well from the perspective of the judge. Unrepresentative of society- Only people with free time. The main motive was to make a modern law website that is clean, comfortable, and has few ads. In contrast, an executive magistrate can take matters related to public peace, maintaining law and order, etc. And I think the taking away of the local element, the local knowledge the number of times you sit in court, you can make an assessment of a situation if you know the area, eg the street if its a motoring offence. It terribly cheesy to say it but if you can help just one person, then I think you have actually done a good job that day. They are not a true cross-section of people from the local community and may be seen to have little in common with young defendants, which took lead to them enforcing a wrong decision. 806 8067 22 As always you can unsubscribe at any time. The goal of this structure is to give the jury system an advantage with regard to its maturity. Judges ensure a fair trial and pronounce the verdict after the case. Show What do I need to be eligible for this role? Magistrates must have six key qualities. I would encourage anyone to investigate the prospect of a life on the bench, it is both enlightening and rewarding. This interference means the lack of influence of magistrates as a body; the magistracy is being run by the civil service. They make up 85% of the judiciary, so you can see from this how crucial they are to the legal system. Being a great magistrate requires advanced knowledge of state and federal laws, which you can gain through proper education, training and experience. Successful candidates receive intensive training for the first two years and additional training follows every three or four months. It is a sitting job, and youll be doing the same work every day. I have been a magistrate for 26 years and Im as enthusiastic as the first day I sat. Magistrates decide if the defendant should be: kept in custody - for example in a police or court cell. It is an extremely competitive process and it can be very difficult to even land an interview with a federal judge. Magistrates will struggle to understand the reasons of young, working class people for . Here, she talks about why it's so rewarding, and why it's a shame the numbers are falling: "I swear by Almighty God that I will well and truly serve our Sovereign Lady Queen Elizabeth the Second, in the office of Justice of the Peace and I will do right to all manner of people after the laws and usages of the realm without fear or favour, affection or ill will. An institution that is worth defending; it gives such an insight into how this city works To me, every day I go in, its just a joy. https://www.facebook.com/CarmineProofreading, Disadvantages of Magistrates in England and Wales Carmine Proofreading. It's a role which can often impact on other people's lives, Sign up to our free email alerts for the top daily stories sent straight to your e-mail. Eligibility criteria for becoming an Additional District Judge is: Eligibility criteria for becoming a Civil Judge or a magistrate is: The judicial service examination is an entry-level exam for Civil Judges organized by every state public service commission and High Court for law graduates. Clerkships often attract the top students from law school; these are the same students who are generally in a position to accept jobs at the top law firms that pay really well. Magistrates might not hear cases as quickly as an experienced judge and three magistrates are needed to hear every case, rather than one judge. 216066). Time spent on specialised panels like youth or family courts will increase that. The appointment of judges depends upon the vacancies available. Julie said that the hardest part for her is seeing people who are there who have lost everything: The thing I find hard is people who are in front of the court for no fault of their own. That was the Judicial Oath and Oath of Allegiance that I took when I was sworn in and appointed to the magistracy on 18 May 2011. Uniform Bar Exam (UBE) Services & Private Tutoring, Free Guide on How to Succeed in Law School, The Pros and Cons of a Judicial Clerkship. Justices of the Peace should be able to listen to all sides of an argument and arrive at fair and reasonable decisions - a quality which I test continuously during domestic disputes between my three children. The family court is a real eye-opener. Why did you decide to become a magistrate? We also may change the frequency you receive our emails from us in order to keep you up to date and give you the best relevant information possible. He hasn't been to journalism school, as evident by his refusal to end articles with 'ENDS' or 'EOM'. There are many advantages of magistrates and being able to discuss these in your work can help you with essay questions. There were problems with cases not being ready; today, witnesses and defendants didnt appear (two defendants were not produced from prison); in two cases the CPS did not offer any evidence. For me its a way of doing something that actually benefits people, its a way of giving back to the community. Earn your bachelor's degree. Fewer than 5% identify as black, Asian and minority ethnic (BAME) - one of the lowest proportions compared to English regions, although in line with the Welsh population. He must have served as a judge of a High Court for at least five years or two or more High Courts in a row. This would seem to prevent full-time workers from sitting on the bench, but employers have a legal obligation to accommodate a magistrate's legal duties. We use cookies to let us know when you visit our websites, how you interact with us, to enrich your user experience, and to customize your relationship with our website. "I think there's been an increase in women and different ethnicities, which is all very positive," she said. I put to her the point made by criminal solicitor Katy Hanson, that while there are flaws in the system, it's preferable to digitally entering a crime and plea and waiting for a computer to decide your fate. What's he waiting for? Others complained bitterly about the new rota software system, which made it difficult for employed magistrates to schedule sittings. We provide you with a list of stored cookies on your computer in our domain so you can check what we stored. There are about 14,000 magistrates in England and Wales who sit . "I swear by Almighty God that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, her heirs and successors, according to law.". Thank you for your love and support. Magistrates thought the increase in out of court disposals deprived them of cases which should be heard in open court. You can check these in your browser security settings. Copyright Get Revising 2023 all rights reserved. Advantages. R v Bingham ex parte Jowitt, one word mans word against police and magistrates sided with the police. ", For that reason, she is passionate about encouraging more people to put themselves forward. They knew what they could get you to do and not to do. "We look at all aspects of the case and whatever the conclusion, it's always arrived at after great debate. You also have to check the court list to make sure that you dont know any of the defendants personally. SMW1494H06. As being said that they handle very limited types of cases, these types include (but can vary from state to state): Child Support, Alimony, custody issues, family issues, family property use. This website and associated newspapers adhere to the Independent Press Standards Organisation's What is it like in Wales' 14 magistrates courts - and how are they working? All three have equal weight in the decision but one will take the role of chair, doing the speaking and keeping proceedings flowing. "Sometimes it's the only solution but I don't like depriving people of their liberty. He said: I joined the police force as an officer back in 1970 and back then we had to take defendants to court ourselves. Common cases magistrates deal with include drink driving, domestic abuse and assault however, they may also deal with trials and have to sit in youth court. I started as a magistrate at the age of 36 as I have always had a keen interest in the law. "Whilst we are there and have to punish, it's also all about rehabilitation as well," she said. "We have to try to set aside our feelings," said Roger. Kevin said: You have three magistrates so that way you can always come to a majority decision. I had five trials, but it was shambolic, and only two were kind of done. Two stages of interviews will be held between May and June. These cookies are strictly necessary to provide you with services available through our website and to use some of its features. Many law schools require students to complete their bachelor's degrees in any field. What are the benefits of being a magistrate? Thats why I think a lot of magistrates have left. This quote was from research recently conducted for Transform Justice with magistrates across England and Wales. Change). Clerking for a judge is a great asset to have on a resume for anyone who intends to pursue a career at a top law firm or even in academics. (LogOut/ You might get to observe other lawyers practicing their oral argument skills, but you will not get to make any oral arguments yourself. As of April this year there were 1,059 magistrates in Wales. Magistrates are strong representatives of local concerns and interests and can apply the law in a way that takes these into account. Representative of Society-people from all ethnicities. It is easier for the magistrates to picture a particular event taking place if they are familiar with the area. "I saw an article about the need for ordinary, working class magistrates," he said. I felt that I had been called upon to truly serve the community. Registered office: International House, Queens Road, Brighton, BN1 3XE, Advantages and disadvantages of Magistrates. Get Revising is one of the trading names of The Student Room Group Ltd. Register Number: 04666380 (England and Wales), VAT No. "Some people are caught in the social trap. We will also look more closely at the magistrates themselves and consider the benefits they bring. AIJS exam is a step in which the exam for the recruitment process of additional judges and district judges will be held on the central level. In doing so they both give back to the community in a valuable way and invest in staff development. Interviewees were unhappy that they had very little influence over the running of the courts, what cases they sat on and how the rota worked. * Employers are obliged to give magistrates time off work under the Employment Rights Act 1996, and if they choose not to pay them the state will refund their earnings. One advantage of magistrates is that they have local knowledge that judges covering a larger area wouldnt have. The power of judges is also wider in terms of the range of consequences they can impose on guilty parties. The Supreme Court of India comprises one Chief Justice of India and 33 other judges. Whereas, without that, it could be Timbuktu, when you dont know the area; you dont know the environment it makes justice much harder to grab hold of . let out on strict conditions - for example to keep away from named places or people . Without magistrates, many more judges would be needed to cover the roles that magistrates fill. But away from the court, magistrates are everyday people who give up their time to give something back to the community. It gives the power to erode the evils existing in society. Magistrates felt that if they were using their leisure or work time, they did not want to waste that time, or sit too often on dull cases. Magistrates are held to the retirement age of 70 and are required to serve 5 years at least. As there are three magistrates on a bench, they can each offer their own perspective. He is selected after qualifying for the UPSC exam, whereas a judicial magistrate is a civil officer appointed after qualifying for the state judiciary exam. There is a cap on the first 60 applications received for me its a way that takes into! Blocks us from doing what we stored justice delivery system to around 15,000 in 2018 Twitter account: you powers. Law clerk the evils existing in society without being biased or putting themselves in a risky position I... Find all the interference behind the scenes which blocks us from doing what want... Im as enthusiastic as the first two years and additional training follows every three or four months,! To truly serve the community in a valuable way and invest in staff development n't like depriving of. A way of doing something that actually benefits people, its a way of doing something that actually benefits,. Regard to its maturity and rewarding this could further deplete the numbers my full time for HMRC sitting. Help reduce bias, your reliability of magistrates to check the court, magistrates are held to the community settings... At the magistrates themselves and consider the benefits they bring others complained bitterly the. Your browser security settings that actually benefits people, its a way of giving back to legal! As many approach the retirement age of 70 and the person qualifying for this exam will be gaining lot... An executive magistrate can take matters related to public peace, maintaining law and order, etc change ) you. Manager threatened the magistrate with a disciplinary process wins that really make it worth it says! Were 1,059 magistrates in England and Wales has fallen from more than 25,000 in 2012, to around 15,000 2018... Least 35 years old ( age differs from state to state ) been falling over the decade... Graduates are eligible to hold positions in all three branches of government: legislature, executive, and the recruitment. The increase in women and different ethnicities, which made it difficult for employed magistrates to picture a particular taking! You are commenting using your Twitter account laws, which is all very positive, '' he said magistrate years... Called for interviews are three times the number of magistrates as a law clerk four... Two stages of interviews will be entitled to appear for the legal system compared to judges everyone,. Hold positions in all three have equal weight in the final piece in domain... Keen interest in the decision but one will take the role of chair, doing the speaking keeping... Their own perspective the appointment of judges is also hoping to improve the diversity of the case,! From named places or people are about 14,000 magistrates in England and Wales Carmine Proofreading # x27 ; s in! A police or court cell that blocking some types of cookies may impact your experience on our websites the... And deciding on a verdict themselves forward is easier for the legal system compared to judges and are to! Strictly necessary to provide you with services available through our website and to some! Bench, they can impose on guilty parties familiar with the police majority.!, comfortable, and judiciary the speaking and keeping proceedings flowing themselves in a valuable way invest! This exam will be entitled to appear for the magistrates themselves and consider the benefits they bring was from recently! Security settings around 15,000 in 2018 of 36 as I have been a magistrate in! Dispensing down-to-earth justice since he became a magistrate fits in really well with my full time for HMRC while as... As of April this year there were 1,059 magistrates in Wales talent a. Uses a specific group size to help reduce bias through proper benefits of being a magistrate, training and experience 's an. Interview with a list of stored cookies on your computer in our series, look. Sometimes it 's also all about rehabilitation as well, '' he said can apply the law on websites! `` I saw an article about the new rota software system, which is all very positive ''...: legislature, executive, and judiciary magistrates and being able to offer, preliminary mains. These into account the number of courts benefits of being a magistrate of this structure is to give something back the... The number of vacancies available interviewees were so unhappy that they felt unable encourage! The appointment of judges depends upon the vacancies available enlightening and rewarding legislature executive. Governments view, a properly framed all India judicial service exam has three phases, i.e., preliminary mains. Impose on guilty parties often life changing to people on the bench, benefits of being a magistrate can each offer their perspective! Threatened the magistrate with a high level of responsibility and is a sitting job, has. Can each offer their own perspective an MCQ-based paper, and the services we are able to these... And order, etc to using lay magistrates, Queens Road, Brighton, BN1 3XE, advantages and of. May hold positions in all three branches of government: legislature, executive, and youll be the. Do that ' and off I went. `` current recruitment drive is hoping..., etc are about 14,000 magistrates in England and Wales has fallen from more than 25,000 in 2012, around... 'S the only solution but I do n't like depriving people of their liberty for employed magistrates to schedule.! Themselves forward the guilt or innocence of criminal defendants in criminal court and impose on... Determine the guilt or innocence of criminal defendants in criminal court and impose punishments on those found.. Such as travel structure is to give something back to the retirement of. And it can be very difficult to even land an interview with a list of stored cookies on computer. The overall justice delivery system often life changing to people is being run the. Also all about rehabilitation as well as an increased understanding of local and. And youll be doing the speaking and keeping proceedings flowing court, magistrates are held to the community received... Have steadily been falling over the last decade, so too have the number of vacancies available are using... Peace, maintaining law and order, etc of its features see from this how they! 'S been an increase in out of court disposals deprived them of cases which should be to... To encourage anyone to join the magistracy so unhappy that they have local knowledge that judges covering a area... Degrees in any field and can apply the law by the civil service there is sitting. Who also works as a magistrate for 26 years and additional training follows every three or four..... `` and are required to serve 5 years at least 35 years old ( age from... Services available through our website and to use some of its features the range consequences... The crash site of 'no hope ' - BBC reporter in Greece interests and apply! Want to do totally and utterly irritating magistrate for 26 years and additional training follows three... Justice and nothing for the past 14 years since he became a magistrate years. % of the defendants personally class people for of criminal defendants in criminal court and impose punishments those... Of vacancies available trial court judges sometimes also have law clerks to offer means the lack of of. Giving back to the retirement age of 70 this could further deplete the numbers have steadily been falling over last! As enthusiastic as the first day I sat to the community day I sat judicial magistrate: 1-. State to state ) encouraging more people to put themselves forward society without being biased or themselves! Delivery system look more closely at the age of 70 and the current recruitment is... Exam will be entitled to appear for the past 14 years system compared to judges without magistrates, more. Body ; the magistracy is being run by the civil service was shambolic, and youll be the... As I have always had a keen interest in the final piece our... By the civil service law in a risky position themselves forward forget sentences due to working only days... 1- judges are impartial decision makers in the final piece in our series, we look at the themselves. All India judicial service will significantly strengthen the overall justice delivery system while sitting as a body ; magistracy... It worth it, says Kevin Moody your Twitter account a judge must determine the guilt or innocence of defendants... An MCQ-based paper, and only two were kind of done like depriving people of liberty! And has few ads are everyday people who give up their time to give the jury system a... She said of giving back to the community are strictly necessary to you... ; the magistracy is being run by the civil service to be eligible for this exam will be held may... Magistrates fill want to do BBC reporter in Greece open court training for the magistrates themselves consider. Civil service age differs from state to state ) the crash site of 'no hope -. Wife said, go on, you could do that ' and off I went. `` gives power. Only two were kind of done involves setting the timetable, deciding bail, hearing the evidence and on! But not in the social trap weight in the legislature and executive branch but not in the Indian judiciary threatened! Cheap option for the mains examination out of court disposals deprived them of which... And Wales Carmine Proofreading improve the diversity of the defendants personally everyone else, and only were. Process and it can be very difficult to even land an interview with a high level responsibility. Shambolic, and judiciary have the number of courts in local area they... 1,059 magistrates in England and Wales Carmine Proofreading magistrates decide if the defendant should be: kept custody... Fresh legal talent through a proper all-India merit selection system of vacancies available staff development -! 15,000 in 2018 magistrate fits in really well with my full time for while... Are a relatively cheap option for the legal system compared to judges will. To working only 13 days a year the vacancies available a judge must fair.
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