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MAGISTRATE JUDGES ACT 2018


[Passed 8-2. Royal Assent: 18 May 2018]

An act to authorize the appointment of Magistrate Judges, and for other purposes.

I. SHORT TITLE

This bill may be cited for all purposes as the “Magistrate Judges Act 2018.”

II. AUTHORIZING THE APPOINTMENT OF MAGISTRATE JUDGES

A. His Majesty in Council shall be empowered to appoint Magistrate Judges to assist the various Courts of the Realm which shall serve at His Majesty’s Pleasure.

B. Magistrate Judges must be Sconnish citizens learned in law and must have completed the Sconnish Bar Exam.

C. Once appointed, Magistrate Judges shall only serve as judges when called upon to do so by the Chief Judge of the Court of Common Pleas or the Lord High Steward.

D. Once appointed to serve as a judge on a case, Magistrate Judges may not be removed from the case by the Chief Judge of the Court of Common Pleas or Lord High Steward.

III. Limitations on Appointment

A. Magistrate Judges may not hear appeals that are submitted to the Court of His Majesty in Parliament, although they may be appointed to serve on the Court of Lord High Steward.

B. Magistrate Judges may not hear a case where the Magistrate Judge has a conflict of interest or is party to the case in question.

C. Magistrate Judges shall be asked to serve on cases based on the need of that Court for that case. A Magistrate’s tour of duty on that Court shall end after the Court delivers an opinion. Magistrates may be re-appointed to serve on future cases.

D. Magistrate Judges may serve as Solicitors-General or as Crown Defenders alongside their Magistrate appointment, but must recuse themselves from any matter which comes before the Courts that involves a case they have investigated, prosecuted, or defended.


IV. COMMENCEMENT

This legislation and all the provisions therein shall come into force upon receiving the Royal Assent.

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