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North Carolina Consent to Proceed Before a Magistrate Judge in a Misdemeanor Case-AO 86A)

State:
North Carolina
Control #:
NC-SKU-0168
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PDF
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Consent to Proceed Before a Magistrate Judge in a Misdemeanor Case-AO 86A)

North Carolina Consent to Proceed Before a Magistrate Judge in a Misdemeanor Case-AO 86A is a form that allows a person charged with a misdemeanor in North Carolina to waive their right to a trial by jury and consent to proceed before a magistrate judge. This form must be signed by the defendant and the defendant's attorney, if any, and be filed in the court in which the case is pending. There are two types of North Carolina Consent to Proceed Before a Magistrate Judge in a Misdemeanor Case-AO 86A forms: one for cases in which the defendant is represented by an attorney and one for cases in which the defendant is not represented by an attorney. The form must be filed before the defendant is arraigned on the misdemeanor charge. Once the form is filed, the case will be transferred to a magistrate judge for further proceedings.

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FAQ

The average Judge/Magistrate salary in the United States is $176,820 as of , but the range typically falls between $173,441 and $197,880.

A magistrate is an independent judicial officer, recognized by the North Carolina Constitution as an officer of the district court. Magistrates take the same oath as judges and are subject to the Code of Judicial Conduct.

Although they serve on federal courts, magistrate judges are not considered "federal judges" in the strict sense of the term, because they are not appointed by the president and confirmed by the Senate and do not have life tenure.

There are 541 full-time magistrate judges authorized for fiscal year (FY) 2019,3 32 part-time magistrate judges, and three clerk/magistrate judge positions (with four-year terms).

When both sides to a civil case consent, Magistrate Judges hear the entire dispute, rule on all motions, and preside at trial. There are now 531 full-time Magistrate Judges in the United States District Courts.

Magistrate judges are judicial officers of the U.S. district court appointed by the district judges of the court to handle a variety of judicial proceedings.

They have authority to issue warrants, conduct preliminary proceedings in criminal cases, such as initial appearances and arraignments, and hear cases involving petty offenses committed on federal lands. In most districts, magistrate judges handle pretrial motions and hearings in civil and criminal cases.

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North Carolina Consent to Proceed Before a Magistrate Judge in a Misdemeanor Case-AO 86A)