Photo of the legal professionals at Harry Lewis Co., LPA
Photo of the legal professionals at Harry Lewis Co., LPA

Trusted In The Columbus Area
For More Than 40 Years

Photo of the legal professionals at Harry Lewis Co., LPA

Trusted In The Columbus Area For More Than 40 Years

What is the difference between a judge and a magistrate in Ohio family law?

On Behalf of | Nov 22, 2022 | Divorce |

The Ohio legal system allows for both judges and magistrates to take part in the legal process. There is a clear distinction between the two with specific eligibility requirements for both roles.

In matters involving family court, there are roles for both a judge and magistrate as defined by the law of a municipality.

Difference between judges and magistrates

Although both individuals serve the court, a magistrate is a licensed attorney appointed to serve by a judge. A domestic or juvenile court judge can assign a magistrate to aid in a particular case. Under Ohio law, a magistrate works on behalf of the judge and performs many of the same duties a judge carries out. Judges, on the other hand, are typically elected to a position within a judicial district. Judges oversee the decisions made by a magistrate and have the authority to approve, modify or reverse a decision.

Duties of a magistrate

In a domestic court, a magistrate carries the same authority as a judge. The magistrate is able to preside over the following hearings:

  • Pre-decree motions involving divorce, legal separation or annulment
  • Pre-decree motions involving child support or custody with some exceptions
  • Final hearings for issues with annulment, divorces, dissolutions, legal separation, child or support of a child
  • Post-decree motions regarding family matters with some exceptions

A judge also has the ability to refer a specific matter to a magistrate for attention, in addition to having final authority over some motions.

In some cases, a magistrate presides over a case because of the unavailability of a judge. Ohio law clearly identifies the allowances and exceptions concerning a magistrate’s service.