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 a magistrate as defined by the law of a municipality.
The 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 that 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 hearings in the following areas:
- 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, or child support and custody
- 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.
Contact Gregg R. Lewis, ESQ., today
If you need help navigating your Ohio divorce or other family law concerns, our attorney has almost 30 years of experience representing individuals and families in Columbus, assisting them in managing their complex cases with confidence. To schedule a free initial consultation with our lawyer, call our German Village office at 614-721-6175 or send us an email through our contact form.