What Does An Assistant Clerk Magistrate Do
What Does An Assistant Clerk Magistrate Do | Assistant Clerk Magistrate Job Description. This position involves responsible legal work and supervisory responsibilities.The employees in this position assist the Clerk-Magistrate in performing magisterial and administrative duties as set forth in state statutes and court rules.
Magisterial responsibilities include determining probable cause for the issuance of criminal complaints and search warrants, in court and out of court bail determinations, determinations of preliminary probation violation hearings, adjudicating small claims motions and trials and presiding over both civil and criminal motor vehicle hearings.
Assistant clerk-magistrates also may decide certain non-dispositive motions in civil and criminal cases, enter defaults and default judgments and other civil process.
What is a magistrate?
A magistrate is a type of judicial authority who only serves low-profile cases, typically in smaller local communities. The types of cases usually overseen by a magistrate include small civil cases, as well as cases for misdemeanor and other minor offenses. Getting a job as a magistrate can be somewhat challenging, and a degree in law is almost always required. The only exceptions are small communities which are willing to disregard educational qualifications for candidates with sufficient experience and otherwise good working qualifications.
Duties/Responsibilities: of an Assistant Clerk Magistrate
- Assists judge with empanelment of jurors, the trial, and the taking and affirmation of verdict.
- Administers oaths as required.
- Assists judge with conducting telephone and video conferences.
- Prepares judgments and other orders at direction of judge.
- Attends hearings held outside the courtroom (e.g., in hospitals when medical authorities seek the court’s permission to perform necessary medical procedures).
- Exercise’s supervision over support personnel in the Clerk’s Office as appropriate.
- Participates in educational seminars and programs.
- Receives documents such as letters or pro se petitions from prisoners, communicates with them at the direction of the court and draws orders appointing counsel at the direction of the court.
- Responds to attorney and pro se inquiries regarding scheduling and other matters.
- Maintains, prepares, and organizes case files.
- Organizes and collects papers and files for motion hearings and other conferences.
- Monitors and maintains electronic recordation of court proceedings as required.
- Marks, receives, and appropriately maintains exhibits in jury and jury waived proceedings.
- Receives and examines all papers, exhibits, briefs and transcripts from court-related matters to establish suitability for initial filing including compliance with rules of court.
- Assists judge with general management and operation of session and provides continuity on case management.
- Responsible for calendaring and regulating movement of cases pursuant to time standards and relevant tracking orders.
- Issues process as required by the court.
- Accepts and records all fees, bail, and other monies received.
- Maintains docket record of events and schedules on automated case management system.
- Schedules and attends hearings, conferences, and trials and notifies counsel and others.
- Records and maintains complete and accurate minutes of all orders, judgments, or directions of the court.
- Provides assistance at the counter, including answering questions from the public and from attorneys on court procedure.
- Assembles, certifies, and transmits copies of records when properly requested by other courts and parties.
Job Qualifications for Assistant Clerk Magistrate
- A law degree and admission to the practice of law in Massachusetts or a graduate degree from an accredited college or university in a relevant field (such as criminal justice, public administration, or business administration); and knowledge, skills and abilities acquired through 2 or more years of relevant work experience, including supervisory and/or courtroom experience, within a Trial Court Division (Clerk’s Office, Probation Office, Judge’s Lobby) or an equivalent office.
- A Bachelor’s Degree from an accredited college or university; and knowledge, skills and abilities acquired through 6 or more years of relevant work experience, including supervisory and/or courtroom experience, within a Trial Court Division (Clerk’s Office, Probation Office, Judge’s Lobby) or an equivalent office.
- A law degree and admission to the practice of law in Massachusetts or a graduate degree from an accredited college or university in a relevant field (such as criminal justice, public administration, or business administration); and knowledge, skills and abilities acquired through 2 or more years of relevant work experience.
- For External Applicants, a Bachelor’s Degree from an accredited college or university in a relevant field (such as criminal justice, public administration, or business administration); and knowledge, skills and abilities acquired through 6 or more years of relevant work experience.
Duties of a Clerk Magistrate in Massachusetts
1. Adjudicative duties.
Clerk magistrates hold some powers and responsibilities that were traditionally reserved for judges. Legislative action taken in the past 20 years has expanded those powers. Clerk magistrates may hold hearings and make rulings for small claims cases and motor vehicle violations.
2. External Activities
clerk magistrates are restricted from performing certain activities in their personal lives so as to maintain the appearance of impartiality. A clerk magistrate should not engage in charitable activities with organizations that may appear in the court where she works. She should also not use her position to solicit funds for that organization.
3. Administrative duties.
Clerk magistrates’ chief responsibility is the management and administration of court business. They hire staff, establish administrative procedures and delegate duties to employees of the court to ensure a smooth flow of operation.
4. Impartiality and Disqualification
Clerk magistrates must behave impartially when acting in an official capacity in order to maintain the integrity of courts. Clerk magistrates cannot give special considerations to individuals for any reason. This applies to individuals working for the court and appearing before the court.
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