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Police Investigate

Filing of Criminal Complaint
After an alleged crime is investigated, the police initiate the criminal procedure by filing a complaint with the Magisterial District Judge (MDJ) in the area that the crime occurred. Once the complaint is filed, the MDJ will issue either a summons or a warrant of arrest, depending generally on the seriousness of the offense alleged. If issued a summons, the defendant will be notified of the date of their preliminary hearing in the summons.

Preliminary Arraignment
If a warrant of arrest is issued by the MDJ, or if the process was initiated by a warrantless arrest, the defendant must appear before the MDJ for a preliminary arraignment. The defendant will be provided with a copy of the Criminal Complaint and be advised of his/her rights. The date of the preliminary hearing will also be scheduled at this time. The district attorney will not be represent at the preliminary arraignment.

Preliminary Hearing
The preliminary hearing is also held before the Magisterial District Judge usually within 3 to 10 days of the arrest and preliminary arraignment. The district attorney’s office will present evidence on the case on behalf of the Commonwealth in order to prove that a crime has been committed and that the defendant is probably the perpetrator of that crime. (Known as a prima facie case) If a prima facie case is presented, the case will be held for court. The defendant will be scheduled at this time for either a guilty plea or a pretrial conference.
The criminal defendant possesses the right to a preliminary hearing. Like most other rights of a criminally accused, this may be waived or given up for some reason. Common reasons could be that the defendant may readily admit his guilt and simply want to get through the system quickly or that a plea negotiation has been reached in advance of the trial. This negotiation may include waiver of all formal proceedings.

Arraignment
Typically, formal arraignment will occur within 1 to 2 months after the charges have been “bound over” from the preliminary hearing. The purpose of the formal arraignment is to assure that the defendant is advised of the charges, to have counsel for the defendant enter an appearance, or if the defendant has no counsel, to advise the defendant of the right to secure counsel, and to commence the time period in which pre-trial motions and discovery are to occur. The defendant may waive his right to formal arraignment.

Pretrial Conference
The pretrial conference is held with the defendant, his defense counsel, the Assistant District Attorney prosecuting the case and the President Judge. It is at this time that the course of disposition will be determined. All pretrial matters should be resolved at the pretrial conference. The defendant may elect to enter a guilty plea or to proceed to a jury or non-jury trial.

Guilty Plea
The defendant may choose to waive his right to a trial and enter a plea of guilty, admitting his guilty of the crime charged. The defendant will appear before a judge in the Court of Common Pleas who will determine that the defendant is knowingly and voluntarily entering a plea of guilty to the charges against him. An Assistant District Attorney will be present at the guilty plea hearing and represent the Commonwealth. Once the judge accepts the plea, the defendant may be sentenced immediately or a presentence investigation may be ordered.

Pre-sentence Investigation
The Northumberland County Adult Probation and Parole department will conduct an investigation and prepare a report for the sentencing judge that will include a summarization of the crime and the defendant’s personal and criminal backgrounds. Generally the victims of the crime will also be contacted by the probation officer to provide statements for inclusion in the report.

Trial
Defendants not entering guilty pleas may choose to be tried by a jury of twelve citizens or by the judge alone. The Commonwealth is represented by an Assistant District Attorney who must establish the defendant’s guilty beyond a reasonable doubt. The defendant is under no obligation to present evidence or testimony; however, they may do so if they wish. If tried by a jury, the jury must return an unanimous verdict; if tried non jury, the judge must return the verdict. If a defendant is found not guilty, he will be immediately discharged. If found guilty, the defendant may be sentenced immediately or sentencing may be deferred pending a pre-sentence investigation.

Sentencing
Sentencing may occur immediately after the entry of a guilty plea or after the verdict in a trial or it may be deferred with scheduling with 90 days. The defendant may be sentenced to prison, probation, fines, or any combination of these. Restitution is ordered by the Judge at this time as part of the defendant’s sentence. Prison sentences may be served in the Northumberland County Prison or at State Correctional Institutions throughout the state. Under a probation sentence, the defendant will not serve time in prison but will be supervised by the Northumberland County Adult Probation and Parole Department.

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Competence * Criminal defendants expect their attorneys to exhibit competent behavior and investigate their case properly. They also need to ensure their client's interests are met at each phase of the criminal case.

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Imagine yourself as a young adult, pulled from friends and family and called upon to defend your country in a foreign land. One day, while on guard duty with your platoon, you're suddenly surrounded by a group of hostile, threatening people--a jeering, taunting mob, probably armed, and stirred to anger by faceless voices in the darkness calling on them to fire. A shot rings out--your platoon returns fire--and the next day, you're hauled into court and charged with murder. Your case is set for trial, and the only jury around is made up of the very same mob that was threatening you the night before.

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Judges, magistrates, and other judicial workers apply the law and oversee the legal process in courts according to local, State, and Federal statutes. They preside over cases concerning every aspect of society, from traffic offenses, to disputes over the management of professional sports, to issues concerning the rights of huge corporations, to questions over disconnecting life-support equipment connected to terminally ill persons. All judicial workers must ensure that trials and hearings are conducted fairly and that the court administers justice in a manner which safeguards the legal rights of all parties involved.

The most visible responsibility of judges is presiding over trials or hearings and listening as attorneys represent the parties present. Judges rule on the admissibility of evidence and the methods of conducting testimony, and they may be called upon to settle disputes between opposing attorneys. Also, they ensure that rules and procedures are followed, and if unusual circumstances arise for which standard procedures have not been established, they determine the manner in which the trial will proceed, on the basis of their interpretation of the law.

Judges often hold pretrial hearings for cases. They listen to allegations and determine whether the evidence presented merits a trial. In criminal cases, judges may decide that persons charged with crimes should be held in jail pending their trial, or they may set conditions for their release. In civil cases, they occasionally impose restrictions upon the parties until a trial is held.

In many trials, juries are selected to decide guilt or innocence in criminal cases or liability and compensation in civil cases. Judges instruct juries on applicable laws, direct them to deduce the facts from the evidence presented, and hear their verdict. When the law does not require a jury trial or when the parties waive their right to a jury, judges decide the cases. In such instances, in a criminal case, the judge determines guilt and imposes sentences; in civil cases, the judge awards relief—such as compensation for damages—to the parties to the lawsuit (called litigants). Judges also work outside the courtroom, “in chambers.” In these, their private offices, judges read documents on pleadings and motions, research legal issues, write opinions, and oversee the court’s operations. In some jurisdictions, judges also manage the courts’ administrative and clerical staff.

Judges’ duties vary according to the extent of their jurisdictions and powers. General trial court judges of the Federal and State court systems have jurisdiction over any case in their system. They usually try civil cases transcending the jurisdiction of lower courts and all cases involving felony offenses. Federal and State appellate court judges, although few in number, have the power to overrule decisions made by trial court or administrative law judges if they determine that legal errors were made in a case or if legal precedent does not support the judgment of the lower court. Appellate court judges rule on a small number of cases and rarely have direct contacts with litigants. Instead, they usually base their decisions on lower court records and lawyers’ written and oral arguments.

Administrative law judges, sometimes called hearing officers or adjudicators, are employed by government agencies to make determinations for administrative agencies. These judges make decisions, for example, on a person’s eligibility for various Social Security or worker’s compensation benefits, on protection of the environment, on the enforcement of health and safety regulations, on employment discrimination, and on compliance with economic regulatory requirements.

Arbitration, mediation, and conciliation—called appropriate dispute resolution (ADR)—are alternative processes that can be used to settle disputes between parties. All ADR hearings are private and confidential, and the processes are less formal than a court trial. If no settlement is reached through ADR, any statements made during the proceedings are inadmissible as evidence in any subsequent litigation.

Conciliation is similar to mediation. The conciliator’s role is to guide the parties to a settlement. The parties must decide in advance whether they will be bound by the conciliator’s recommendations; they generally share equally in the cost of the conciliation

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Judges preside over hearings and listen to the arguments of opposing parties.
Judges, mediators, and hearing officers apply the law to court cases and oversee the legal process in courts. They also resolve administrative disputes and facilitate negotiations between opposing parties.
Duties
Judges, mediators, and hearing officers typically do the following: * Research legal issues * Read and evaluate information from documents such as motions, claim applications, or records * Preside over hearings and listen to or read arguments by opposing parties * Determine if the information presented supports the charge, claim, or dispute * Decide if the procedure is being conducted according to the rules and law * Analyze, research, and apply laws, regulations, or precedents to reach judgments, conclusions, or agreements * Write opinions, decisions, or instructions regarding the case, claim, or dispute
Judges commonly preside over trials or hearings of cases regarding nearly every aspect of society, from individual traffic offenses to issues concerning the rights of large corporations. Judges listen to arguments and determine whether the evidence presented deserves a trial. In criminal cases, judges may decide that people charged with crimes should be held in jail until the trial, or they may set conditions for their release. They also approve search and arrest warrants.
Judges interpret the law to determine how a trial will proceed, which is particularly important when unusual circumstances arise for which standard procedures have not been established. They ensure that hearings and trials are conducted fairly and the legal rights of all involved parties are protected.
In trials in which juries are selected to decide the case, judges instruct jurors on applicable laws and direct them to consider the facts from the evidence. For other trials, judges decide the case. A judge who determines guilt in criminal cases may impose a sentence or penalty on the guilty party. In civil cases, the judge may award relief, such as compensation for damages, to the parties who win the lawsuit.
Some judges, such as appellate court judges, review decisions and records made by lower courts, and make decisions based on lawyers’ written and oral arguments.
Judges use various forms of technology, such as electronic databases and software, to manage cases and prepare for trials. In some cases, a judge also may manage the court’s administrative and clerical staff.
The following are examples of types of judges, mediators, and hearing officers:
Judges, magistrate judges, and magistrates preside over trials or hearings. They typically work in local, state, and federal courts.
In local and state court systems, they have a variety of titles, such as municipal court judge, county court judge, magistrate, and justice of the peace. Traffic violations, misdemeanors, small-claims cases, and pretrial hearings make up the bulk of these judges' work.
In federal and state court systems, general trial court judges have authority over any case in their system. Appellate court judges rule on a small number of cases by reviewing decisions of the lower courts and lawyers’ written and oral arguments.
Hearing officers, also known as administrative law judges or adjudicators, usually work for government agencies. They decide many issues, such as if a person is eligible for workers' compensation benefits, or if employment discrimination occurred.
Arbitrators, mediators, or conciliators help opposing parties settle disputes outside of court. They hold private, confidential hearings, which are less formal than a court trial.
Arbitrators are usually attorneys or business people with expertise in a particular field. They hear and decide disputes between opposing parties as an impartial third party. When arbitration is required, if one side is not happy with the decision, they can still take the matter to court. Arbitration may also be voluntary, in which the opposing sides agree that whatever the arbitrator decides will be a final, binding decision.
Mediators are neutral parties who help people resolve their disputes. Mediators suggest solutions, but they do not make binding decisions. If the opposing sides cannot reach a settlement with the mediator's help, they are free to pursue other options.
Conciliators are similar to mediators. Their role is to help guide opposing sides to a settlement. The opposing sides must decide in advance if they will be bound by the conciliator's recommendations.
Work Environment About this section

Judges do some of their work in courtrooms.
Judges, mediators, and hearing officers held about 62,700 jobs in 2010, and most were employed by local, state, and federal governments. Some arbitrators, mediators, and conciliators work for state and local governments. The following industries employed the most judges, mediators, and hearing officers in 2010: State government, excluding education and hospitals | 36% | Local government, excluding education and hospitals | 28 | Federal government, excluding postal service | 7 | Professional, scientific, and technical services | 3 |
Judges, mediators, and hearing officers do most of their work in offices and courtrooms. Their jobs can be demanding because they must sit in the same position in the court or hearing room for long periods and give undivided attention to the process.
Arbitrators, mediators, and conciliators usually work in private offices or meeting rooms. They may travel to a neutral site chosen for negotiations.
Work Schedules
Most judges, mediators, and hearing officers work full time, but many often work longer hours to prepare for hearings. Some judges work part time and divide their time between their judicial responsibilities and other careers.

The nomination of a new justice for the Supreme Court brings a core question before the Senate and the nation — What is the proper role of a federal judge?
To answer this question, we must begin at the source. We must return to the words and ideas of those who founded this nation, whose foresight resulted in the greatest republic this world has ever known.
Our Founders created a court system that was independent, impartial and restrained and that, through a faithful rendering of the Constitution, served as an indispensable check against the intrusion of government on the rights of man.
In order to fulfill this mandate, the courts had to be separated from the other branches of government. Article I of the Constitution declares that “all legislative Powers herein granted shall be vested in a Congress of the United States.” Article II declares that “the executive Power shall be vested in a President of the United States of America.” And Article III declares that “the judicial Power of the United States shall be vested in one supreme Court.”
These words are unambiguous. The judiciary has no power to make law or enforce it. In Federalist No. 47, James Madison cites the Constitution of Massachusetts, which decrees: “The judicial shall never exercise the legislative and executive powers, or either of them: to the end it may be a government of laws and not of men.”
The Founders knew that the courts could not fairly judge laws if they had a hand in making them, nor could they be counted on to curb the excesses of legislative and executive power if they shared in it.
In Federalist No. 78, Alexander Hamilton quotes the French philosopher Montesquieu: “There is no liberty if the power of judging be not separated from the legislative and executive powers.”
For this reason, the courts are limited to the interpretation and application of law. At no point may judges set policy or substitute their political views for those of the elected representatives or of the people themselves.
“The interpretation of the laws is the proper and peculiar province of the courts,” Hamilton explains. Judges must have an “inflexible and uniform adherence to the rights of the Constitution.”
To ensure that this narrow but crucial charge could be met, our Framers took steps to shield the judiciary from political influence. Article 3 effectively grants judges a lifetime appointment - the only federal office with this privilege.
Hamilton referred to this arrangement as “one of the most valuable of the modern improvements in the practice of government” and as the best step available to “secure a steady, upright, and impartial administration of the laws.”
He hoped that the courts, set apart from the shifting tides of public opinion, would be better suited to act as “faithful guardians of the Constitution,” to stand against “dangerous innovations in the government.”
In other words, courts are removed from the political process not so that they are free to reinterpret the Constitution, but so that they are free from the pressures of those who wish to do just that.
In recent years, these pressures have grown substantially. There is an increasing movement that seeks to redefine the court and shift the balance and separation of federal power. This movement believes that judges have the authority to impose their political will on the populace, to alter the meaning of the Constitution and to allow personal and political considerations to enter into their judgments.
If we allow this activist philosophy to overtake our court system, we will not only abandon the independent and impartial judiciary left to us by our Founders - which has been the envy of the world - but we also will strike at the very heart of our liberties.
How can we depend on the protections of justice if justice is no longer blind and those who weigh the scales can tip them in one party’s favor?
How can we uphold the rule of law if a judge has the power to place his empathy before the evidence and his personal politics before the democratic expression of the public will?
And how can we enjoy the security of our rights and the full blessings of our freedoms if the highest court in our land is not bound to the words and promises of our Constitution?
Sen. Jeff Sessions, Alabama Republican, is the ranking member of the Senate Judiciary Committee. In advance of the confirmation hearing for Judge Sonia Sotomayor, Mr. Sessions is delivering a series of speeches on the Senate floor on the proper role of a federal judge in America and to make the case for judicial restraint. This article was adapted from the first speech earlier this week. federal judges sit on courts established and administered by the U.S. government. They work throughout the nation and function independently of the state in which they are located. They can exercise jurisdiction outside their state of residence; in contrast, state judges have no inherent powers beyond the state upon whose authority they rely. Federal judges play many different professional roles.

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District Court * A federal district court judge is the first judge to rule on a federal case. Article III of the Constitution authorizes federal judges to handle constitutional cases, and to decide controversies affecting ambassadors and lawsuits involving citizens of different states. Federal judges also rule on cases where the United States is a party, or in cases where two states have sued one another. Federal district judges rule on criminal cases as well as lawsuits, and may work closely with juries.
Appellate Court * Federal appellate judges may overturn rulings made by district court judges and federal administrative agencies. Federal judges work in any of 12 regional circuits, each of which oversees a specific geographical area. Sometimes two appellate courts will decide nearly identical cases differently, resulting in a "circuit split" that leaves the states in each circuit with different laws. Because the Supreme Court cannot possibly examine the majority of appellate court rulings, appellate judges provide the only recourse available to most ordinary litigants who feel the district court judge erred.

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Supreme Court * When a litigant wishes to appeal an appellate court ruling, he files his appeal with the Supreme Court. The Supreme Court is the final legal authority in the United States and has the authority to interpret the Constitution. This means a Supreme Court judge's role is to make the final decision on almost any lawsuit within the court system. Sometimes Supreme Court justices play a role in changing American society, for example, by desegregating schools. This occurred with the case of "Brown v. Board of Education."
Other Courts * Federal judges also play a number of other roles. Bankruptcy cases are decided by federal court judges, who must protect financially troubled individuals and businesses and distribute remaining assets fairly. Federal judges also rule on maritime and admiralty laws, hearing all cases involving the liability of a vessel or its owners. They may rely upon state law to decide maritime cases involving breach of contract or a tort.

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A magistrate is an officer of the state; in modern usage the term usually refers to a judge. This was not always the case; in ancient Rome, a magistratus was one of the highest government officers and possessed both judicial and executive powers. Today, in common law systems, a magistrate has limited law enforcement and administration authority. In civil law systems, a magistrate might be a judge in a superior court; the magistrates' court might have jurisdiction over civil and criminal cases. A related, but not always equivalent, term is chief magistrate, which historically can denote a political and administrative officer.
Judges play many roles. They interpret the law, assess the evidence presented, and control how hearings and trials unfold in their courtrooms. Most important of all, judges are impartial decision-makers in the pursuit of justice. We have what is known as an adversarial system of justice - legal cases are contests between opposing sides, which ensures that evidence and legal arguments will be fully and forcefully presented. The judge, however, remains above the fray, providing an independent and impartial assessment of the facts and how the law applies to those facts.
Many criminal cases - and almost all civil ones - are heard by a judge sitting without a jury. The judge is the "trier of fact," deciding whether the evidence is credible and which witnesses are telling the truth. Then the judge applies the law to these facts to determine whether a civil claim has been established on a balance of probabilities or whether there is proof beyond a reasonable doubt, in criminal cases, that the suspect is guilty. Anyone who faces five years or more in prison if convicted of a crime has the right, under the Charter, to request a jury trial, and many defendants facing serious offences such as murder opt to have a jury hear their case. The jurors become the triers of fact and assess the evidence while the judge takes on the role of legal advisor, explaining the law to the jurors. The jurors then retire to deliberate on a verdict. In criminal cases the jury's verdict, either "Guilty" or "Not Guilty" must be unanimous.
If the defendant is convicted of a crime, the judge passes sentence, imposing a penalty that can range from a fine to a prison term depending on the severity of the offence. In civil cases the judge decides whether a claim is valid and assesses damages, grants an injunction or orders some other form of redress to the plaintiff, unless a jury has been empanelled to make these decisions.
The role of the judge is to keep order or to tell you the sentence of the person.
A judge is to be impartial, fair an unbiased and to follow the laws of the state they are in and the United States Constitution and the Constitution of whatever state they are in. To listen to all evidence without passing judgment until all is heard,
In cases with a jury, the judge is responsible for insuring that the law is followed, and the jury determines the facts. In cases without a jury, the judge also is the finder of fact. state courts administer state law. Each state has its own constitution and its own set of laws. Lawyers typically pursue legal action in state court if a state law has been broken, not a federal law. In some cases, a single act may violate both state and federal laws, but lawyers will pursue claims in state court based upon state law. It is the duty of state court judges to hear matters brought before them -- primarily lawsuits and criminal trials.

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Hear Trials * State courts have jurisdiction of matters of state law. Therefore, state court judges have jurisdiction in both civil and criminal matters brought before state courts. In practice, states may divide the workload amongst judges so that some judges hear criminal cases and others hear civil cases, also called lawsuits or torts. In each type of trial, lawyers present their argument to the judge or to a jury. If a jury is present, the judge will direct the jury and oversee the arguments. In the absence of a jury, the judge will effectively act as the jury.
Interpret State Law * It is the role of a state judge to interpret and apply the laws of her respective state. It is not the judge's responsibility to insert her personal beliefs in place of the state law. Judges have discretion to make personal decisions, but not decisions that contradict the laws they are charged with applying. Judges, therefore, often read legal briefs and evaluate their legal merit.

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Apply Precedent * Precedent, or common law, is an important concept in both state and federal law. The idea is that there must be a unique cause to contradict decisions of prior courts. If a substantially similar case has been heard by a previous court, common law directs the judge to decide the case in the same manner. No two cases are identical, however. Unique circumstances can cause unique outcomes. On occasion, laws will be interpreted differently, but that is more often the job of appellate courts.
Write Decisions * Once a state court judge has read a complaint and heard arguments from each side, the judge will write a response. In simple matters, the response may be little more than a sentence or checkbox. In more complex matters -- especially those of state appellate courts -- decisions tend to be more complex, for two reasons. The reasoning of the judge is made known to defendants, plaintiffs or prosecutors. The judge's reasoning is also made known to other lawyers and judges. The decision may be appealed in the future. It may also become a new precedent.

Read more: Duties of a Judge in the State Court System | eHow.com http://www.ehow.com/info_8306839_duties-judge-state-court-system.html#ixzz1tRybcn1i he United States government as defined by the Constitution is a form of federalism--powers are shared between the federal and state governments. Both are considered the supreme authority in their areas of jurisdiction, but there can be no overlap. The Constitution is the supreme law of the land except for areas expressly reserved for the states. This concept is known as separate sovereignty--each supreme in its own sphere. To understand the role of the state courts, it is important to understand the overall federal structure.

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Article VI * Article VI of the Constitution states, "This Constitution...shall be the supreme law of the land, and the Judges in every state shall be bound there by any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." This means that federal law will have superiority over state laws.
Amendment 10 * Amendment 10 clarifies that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." In other words, powers not specifically granted to the federal level will fall under the state level

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Types of Federal Courts * There are two types of Federal courts. Article III courts, named so because that is the source of their powers, and the others which include U.S. Court of Veterans Appeals, U.S. Court of Military Appeals, bankruptcy courts, magistrate courts and the U.S. Tax Court. Article III courts would include the Supreme Court, the U.S. Court of Appeals and U.S. District Courts. The judges of both types of federal courts are appointed by the president with the consent and advice of the Senate.
Types of State Courts * There is variation between states, but most follow the same structure: two sets of trial courts (limited jurisdiction and general jurisdiction), the highest state courts, and intermediate appellate courts. Not all states have appellate courts. Judges in state courts can be elected or appointed.
Jurisdiction
* The most important concept in the role of state courts is that of jurisdiction. State courts cannot overrule federal decisions. Federal courts, however, do not have complete power over state laws. State courts are "common law" courts, which means they have the power to create laws (if none already exist) to provide answers to specific legal questions. Some examples of state jurisdiction include probate, contract law, family, election issues and cases involving the state constitution.
14th Amendment * Of importance to the separation of state and federal courts is the 14th Amendment. This was created to ensure that the rights of newly freed slaves were protected across the nation. It reads, in part, "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States."

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A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open court. The judge hears all the witnesses and any other evidence presented by the parties of the case, assesses the credibility and arguments of the parties, and then issues a ruling on the matter at hand based on his or her interpretation of the law and his or her own personal judgment. In some jurisdictions, the judge's powers may be shared with a jury. In inquisitorial systems of criminal investigation, a judge might also be an examining magistrate.
A variety of traditions have become associated with the rank or occupation.
In many parts of the world, judges wear long robes (usually in black or red) and sit on an elevated platform during trials (known as the bench).
In some countries, especially in the Commonwealth of Nations, judges sometimes wear wigs. The long wig often associated with judges is now reserved for ceremonial occasions, although it was part of the standard attire in previous centuries. A short wig resembling but not identical to a barrister's wig would be worn in court. This tradition, however, is being phased out in Britain in non-criminal courts.[1]
American judges frequently wear black robes. American judges have ceremonial gavels, although American judges have court deputies or bailiffs and "contempt of court" power as their main devices to maintain decorum in the courtroom. However, in some Western states, like California, judges did not always wear robes and instead wore everyday clothing. Today, some members of state supreme courts, such as the Maryland Court of Appeals wear distinct dress.
In Italy both judges and lawyers wear particular black robes.
In the People's Republic of China, judges wore regular street clothes until 1984, when they began to wear military-style uniforms, which were intended to demonstrate authority. These uniforms were replaced in 2000 by black robes similar to those worn in the rest of the world.[citation needed]
In Oman, the judge wears a long stripe (red, green white), while the attorneys wear the black gown
Local judges most people know the general role of a judge. Few people truly understand the roles a justice of the peace fills within the justice system. In some states within the United States of America, the justice of the peace is a judge presiding over a court of limited jurisdiction, with certain statutorily appointed powers. Each state has differing powers granted to the justice of the peace, but some powers are fairly universal within the United States.

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History
* Justice courts came to American colonies from England. The courts arose from the struggle for power between the king and the local sheriffs, according to the Oregon Justices of the Peace Association. The court's general powers of keeping the peace by hearing minor criminal and civil matters translated to the colonies, but justices of the peace became an elected and paid position in America, unlike their counterparts in England. Justice of the peace courts have lost power to higher courts in many states, but still have limited statutory authority in many states.
Functions
* The JP courts in most states have jurisdiction over minor civil claims (small claims), as well as minor misdemeanor claims. According to Texas Courts Online, other powers assigned to a JP include the ability to issue search warrants, arrest warrants, and in some counties, to serve as coroner. Justices of the peace also officiate weddings, handle traffic offenses and hold inquests.

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Significance
* Although JP courts originally were intended to centralize judicial authority in England, in the American colonies, they became a means of democratization of the judicial system for colonists seeking a democratic system of local government.
When local jurisdictions were less populous and court cases were less complex, a justice of the peace was able to handle most local issues. As populations grew, technology progressed, and complex legal questions were asked of the court on a more regular basis, the justice of the peace was not able to fulfill the new and changing needs of the judicial branch on his own. Higher courts were created, and statutes were written to more clearly define the role of the justice of the peace.
Though the powers of the JP court have been somewhat watered down over the years, the justice of the peace court still plays a significant role in the justice system in many states today. By hearing traffic offenses, small claims cases and minor or petty criminal offenses, a justice of the peace can keep higher courts from having overloaded dockets and save bench time to hear more complex cases that require further experience and education over which to preside.
Further, justices of the peace provide an option for young couples seeking to marry who do not wish to marry in a church, or who do not have a church home or religious leader to perform the ceremony. Justice of the peace courts provide an income for their precinct through court costs, fines issued and fees assessed for performing services such as weddings. To many local governments, the justice of the peace is very important to the criminal justice system because of the power to issue warrants, and to act as coroner in come counties.
Considerations
* Although JP courts originally were intended to centralize judicial authority in England, in the American colonies, they became a means of democratization of the judicial system for colonists seeking a democratic system of local government.
When local jurisdictions were less populous and court cases were less complex, a justice of the peace was able to handle most local issues. As populations grew, technology progressed, and complex legal questions were asked of the court on a more regular basis, the justice of the peace was not able to fulfill the new and changing needs of the judicial branch on his own. Higher courts were created, and statutes were written to more clearly define the role of the justice of the peace.
Future
* Although justices of the peace may help prevent higher courts from being overloaded and provide some income for their precinct, some questions of efficacy can arise. In some states, a justice of the peace is not even required to be a lawyer, but simply a citizen who can pass a minor test. Because a justice of the peace does preside over legal matters and issue warrants, it is essential for a justice of the peace to understand certain legal issues and rights, and how they apply or do not apply to a given situation. The ramifications of a justice of the peace who issues a warrant without having probable cause to issue such warrant legally can be detrimental to a prosecutor's case, even potentially ending in a dismissal of a criminal case. The job of a justice of the peace is not to make laws nor enforce laws, but to interpret them. It has been argued that a substantial understanding of the legal system and legal issues is required to effectively interpret how a law does or does not apply in a given situation. As legal issues become more and more complex, the role of the justice of the peace comes under tougher scrutiny from critics.

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The Office of Court Administration was established to manage the planning, business functions and support operations for the Superior Court Judicial Divisions. This includes responsibility for budgeting and accounting, personnel administration, resource, systems and facilities management as well as court program development and supervision for the Superior Court.
Areas of responsibility which fall under the Court Administrator’s office include public information officers who assist over 175,000 citizens annually, scheduling of interpreters for non-English speaking and hearing impaired parties, coordination of the court mandated Seminar for Divorcing Parents, supervision and administrative support of the Jury management services for the DeKalb Courts, the Family Law Information Center and the Drug Court program. The Court Administrator’s Office also provides administrative support for the Alternative Dispute Resolution Trust Fund and the Law Library Trust Fund Boards.
Courthouse tours, use of courtrooms for mock trial competitions, and courtroom observations for visiting dignitaries are scheduled and coordinated through the Office of Court Administration.
Sample Judge Roles and Responsibilities
The role of the exhibition judge in the RI high school diploma system is to evaluate the quality of the proficiency evidence documented in the Graduation Exhibition by identifying patterns of evidence leading to the assignment of an overall score to the
Graduation Exhibition.
The responsibilities of a Graduation Exhibition judge include the following:
• Completing all portions of scorer training
• Demonstrating a willingness to learn to use the official scoring criteria described in the appropriate rubric(s) and the standards of performance demonstrated by the anchor exhibition videos
• Undergoing retraining, as necessary, until s/he meets the established standards for score reliability
• Understanding that s/he will not be permitted to progress to actual scoring if an acceptable level of reliability cannot be reached
• Participating in refresher scorer training as deemed appropriate by the school or district • Maintaining fidelity to the scoring criteria and to the established scoring process during judging
• Suspending implicit criteria that are not stated in the scoring rubric
The Judge
The judge presides over the trial from a desk, called a bench, on an elevated platform. The judge has five basic tasks. The first is simply to preside over the proceedings and see that order is maintained. The second is to determine whether any of the evidence that the parties want to use is illegal or improper. Third, before the jury begins its deliberations about the facts in the case, the judge gives the jury instructions about the law that applies to the case and the standards it must use in deciding the case. Fourth, in bench trials, the judge must also determine the facts and decide the case. The fifth is to sentence convicted criminal defendants court magistrates are judges, but their responsibilities are not the same as regular judges. State magistrates, also called justices of the peace, handle minor court cases and can also perform marriages. Federal magistrates help with some of the responsibilities of the federal courts

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State Duties * State magistrates are also called justices of the peace. Depending on the county where they are located, they may be appointed or elected. They can conduct marriage ceremonies, preside over smaller court cases and help with administrative work. Check with your local county for specific duties.
Federal Duties * Federal magistrates take some of the workload from the federal courts and are appointed by federal district court judges. They mostly preside over preliminary hearings and can also consider petitions, but they do not make the final decisions in court cases. *
Varying Duties * There are some duties that federal magistrates can preside over, but they are not necessarily required to. They can supervise calendars, issue subpoenas and administer oaths to new citizens. They can also approve surety bonds and any other orders.

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Judges, magistrates, and other judicial workers apply the law and oversee the legal process in courts according to local, State, and Federal statutes. They preside over cases concerning every aspect of society, from traffic offenses to disputes over the management of professional sports to issues concerning the rights of huge corporations. All judicial workers must ensure that trials and hearings are conducted fairly and that the court safeguards the legal rights of all parties involved.
The most visible responsibility of judges is presiding over trials or hearings and listening as attorneys represent the parties present. Judges rule on the admissibility of evidence and the methods of conducting testimony, and they may be called on to settle disputes between opposing attorneys. Also, they ensure that rules and procedures are followed, and, if unusual circumstances arise for which standard procedures have not been established, judges interpret the law to determine the manner in which the trial will proceed.
Judges often hold pretrial hearings for cases. They listen to allegations and determine whether the evidence presented merits a trial. In criminal cases, judges may decide that persons charged with crimes should be held in jail pending trial, or they may set conditions for their release. In civil cases, they occasionally impose restrictions on the parties until a trial is held.
In many trials, juries are selected to decide guilt or innocence in criminal cases or liability and compensation in civil cases. Judges instruct juries on applicable laws, direct them to deduce the facts from the evidence presented, and hear their verdict. When the law does not require a jury trial or when the parties waive their right to a jury, judges decide cases. In such instances, the judge determines guilt in criminal cases and imposes sentences; in civil cases, the judge awards relief—such as compensation for damages—to the parties to the lawsuit, called litigants. Judges also work outside the courtroom in their chambers or private offices. There, judges read documents on pleadings and motions, research legal issues, write opinions, and oversee the court’s operations. In some jurisdictions, judges also manage the courts’ administrative and clerical staff.
Judges’ duties vary according to the extent of their jurisdictions and powers. General trial court judges of the Federal and State court systems have jurisdiction over any case in their system. They usually try civil cases transcending the jurisdiction of lower courts and all cases involving felony offenses. Federal and State appellate court judges, although few in number, have the power to overrule decisions made by trial court or administrative law judges; appellate court judges exercise their power if they determine that legal errors were made in a case or if legal precedent does not support the judgment of the lower court. Appellate court judges rule on a small number of cases and rarely have direct contact with litigants. Instead, they usually base their decisions on lower court records and on lawyers’ written and oral arguments.
Many State court judges preside in courts whose jurisdiction is limited by law to certain types of cases. A variety of titles are assigned to these judges; among the most common are municipal court judge, county court judge, magistrate, and justice of the peace. Traffic violations, misdemeanors, small-claims cases, and pretrial hearings constitute the bulk of the work of State court judges, but some States allow these judges to handle cases involving domestic relations, probate, contracts, and other selected areas of the law.
Administrative law judges, sometimes called hearing officers or adjudicators, are employed by government agencies to make determinations for administrative agencies. These judges make decisions, for example, on a person’s eligibility for various Social Security or workers’ compensation benefits, on protection of the environment, on the enforcement of health and safety regulations, on employment discrimination, and on compliance with economic regulatory requirements.
Arbitration, mediation, and conciliation—collectively called appropriate dispute resolution (ADR)—are alternative processes that can be used to settle disputes between parties. All ADR hearings are private and confidential, and the processes are less formal than a court trial. If no settlement is reached through ADR, no statements made during the proceedings are admissible as evidence in any subsequent litigation.
There are two types of arbitration—compulsory and voluntary. During compulsory arbitration, opposing parties submit their dispute to one or more impartial persons, called arbitrators, for a final and nonbinding decision. Either party may reject the ruling and request a trial in court. Voluntary arbitration is a process in which opposing parties choose one or more arbitrators to hear their dispute and submit a final, binding decision. Arbitrators usually are attorneys or business persons with expertise in a particular field. The parties identify, in advance, the issues to be resolved by arbitration, the scope of the relief to be awarded, and many of the procedural aspects of the process.
Mediation, or neutral evaluation, involves an attempt by the parties to resolve their dispute with the aid of a neutral third party. This process generally is used when the parties wish to preserve their relationship. A mediator may offer suggestions, but resolution of the dispute rests with the parties themselves. Mediation proceedings also are confidential and private. If the parties are unable to reach a settlement, they are free to pursue other options. The parties usually decide in advance how they will contribute to the cost of mediation. However, many mediators volunteer their services, or they may be court staff. Courts ask that voluntary mediators provide their services at the lowest possible rate and that parties split the cost. Depending on the type of case, court-referred community mediation centers may charge a small fee to the parties involved in mediation.
Conciliation, or facilitation, is similar to mediation. The conciliator’s role is to guide the parties to a settlement. The parties must decide in advance whether they will be bound by the conciliator’s recommendations; they generally share equally in the cost of the conciliation.

Working Conditions | | |
Judges, magistrates, and other judicial workers do most of their work in offices, law libraries, and courtrooms. Work in these occupations presents few hazards, although sitting in the same position in the courtroom for long periods can be tiring. Most judges wear robes when they are in a courtroom. Judges typically work a standard 40-hour week, but many work more than 50 hours per week. Some judges with limited jurisdiction are employed part time and divide their time between their judicial responsibilities and other careers.
Arbitrators, mediators, and conciliators usually work in private offices or meeting rooms; no public record is made of the proceedings.

Training, Other Qualifications, and Advancement | | |
A bachelor’s degree and work experience usually constitute the minimum requirements for a judgeship or magistrate position. A number of lawyers become judges, and most judges have first been lawyers. In fact, Federal and State judges usually are required to be lawyers. About 40 States allow non lawyers to hold limited-jurisdiction judgeships, but opportunities are better for those with law experience. Federal administrative law judges must be lawyers and pass a competitive examination administered by the U.S. Office of Personnel Management. Some State administrative law judges and other hearing officials are not required to be lawyers.
Federal administrative law judges are appointed by various Federal agencies, with virtually lifetime tenure. Federal magistrate judges are appointed by district judges—the life-tenured Federal judges of district courts—to serve in a U.S. district court for 8 years. A part-time Federal magistrate judge’s term of office is 4 years. Some State judges are appointed, but the remainder are elected in partisan or nonpartisan State elections. Many State and local judges serve fixed renewable terms ranging from 4 or 6 years for some trial court judgeships to as long as 14 years or even life for other trial or appellate court judgeships. Judicial nominating commissions, composed of members of the bar and the public, are used to screen candidates for judgeships in many States and for some Federal judgeships.
All States have some type of orientation for newly elected or appointed judges. The Federal Judicial Center, American Bar Association, National Judicial College, and National Center for State Courts provide judicial education and training for judges and other judicial-branch personnel. General and continuing education courses usually last from a few days to 3 weeks in length. More than half of all States, as well as Puerto Rico, require judges to enroll in continuing education courses while serving on the bench.
Training and education requirements for arbitrators, mediators, and conciliators differ from those for judges. Mediators who practice in State-funded or court-funded mediation programs usually must meet specific training or experience standards, which vary by State and court. In most States, individuals who offer private mediation services do not need a license, certification, or specific coursework; however, many private mediators and most of those affiliated with mediation organizations and programs have completed mediation training and agreed to comply with certain ethical standards. For example, the American Arbitration Association (AAA) requires mediators listed on its mediation panel to complete an AAA training course, receive recommendations from the trainers, and complete an apprenticeship.
Training for arbitrators, mediators, and conciliators is available through independent mediation programs, national and local mediation membership organizations, and postsecondary schools. In 2004, 16 colleges or universities in the United States offered master’s degrees in dispute resolution or conflict management, and 2 offered doctoral degrees. Many more schools offer conflict-management specializations within other degree programs. Degrees in public policy, law, and related fields also provide good background for prospective arbitrators, mediators, and conciliators.

Employment | | |
Judges, magistrates, and other judicial workers held 47,000 jobs in 2004. Judges, magistrates, and magistrate judges held 27,000 jobs, all in State and local governments. Administrative law judges, adjudicators, and hearing officers held about 16,000 jobs; 52 percent in State governments, 29 percent Federal Government, and 20 percent in local governments. Arbitrators, mediators, and conciliators held another 5,200 jobs. Approximately 40 percent worked for State and local governments. The remainder worked for labor organizations, law offices, insurance carriers, and other private companies and for organizations that specialize in providing dispute resolution services.

Job Outlook | | |
Magistrates have the following powers, as specified by state law: * Issuing arrest warrants
A law enforcement officer or citizen may appear before a magistrate, seeking to have a person arrested for committing a crime within the city of Roanoke. Before issuing an arrest warrant, a magistrate will use his or her discretion to decide if "probable cause" exists to issue a process. Probable cause is a reasonable belief, based on facts, causing a prudent person to feel the accused committed the offense. To determine probable cause, the magistrate will take a sworn statement from the officer or citizen, and may require the complaint be reduced to writing. Any person falsifying testimony under oath may be prosecuted for perjury. If the magistrate finds likelihood a crime was committed and the accused committed the crime, the magistrate will issue a warrant commanding any law enforcement officer to arrest the accused, bringing him or her to stand trial. The magistrate determines the charge or charges to be filed against the accused, which a judge may later alter at his or her discretion, or at the request of the commonwealth's attorney's office. * Issuing search warrants
An officer seeking a search warrant must make a complaint to a magistrate, under oath, stating the purpose of the search. The complaint must be supported by a written affidavit from the officer. In issuing the search warrant, the magistrate must describe the place to be searched, the property or person to be searched for. The magistrate must state probable cause has been found to believe the property or person constitutes evidence of a crime or tends to show a person has committed a crime. * Admitting to bail or committing to jail
In most cases, a person arrested by a local or state law enforcement officer must be brought before a magistrate as soon as possible. The magistrate will decide whether the person may be admitted to bail (whether the person may be released from jail pending trial, if certain conditions are met) or immediately committed to jail. Magistrates decide the terms of bail by examining certain facts about the accused, such as the nature and circumstances of the offense charged, whether a firearm is alleged to have been used in the offense, weight of the evidence, character of the accused, the accused's family ties, employment, financial resources, length of residence in the community, involvement in education, and past record. If possible, the magistrate will release the accused on a written promise to appear in court, with or without an unsecured bail bond. If, after examination of the facts, a magistrate is not reasonably sure the accused will appear for trial, the magistrate, in his or her discretion, will require the execution of a bail bond with surety in a reasonable amount and may impose such other conditions deemed reasonably necessary to insure appearance at trial. The monetary sum of the bail bond can be forfeited as a penalty if the accused fails to appear in court or violates any condition of bail. If the magistrate requires a bond, it may be paid to the magistrate in cash or cashier's check, or a bail bondsman may be hired to pay the bond for a percentage fee. If the accused appears at trial, the bond will be returned to the person who paid it. * Issuing warrants and subpoenas
In addition to arrest warrants, magistrates also have authority to issue summonses. A summons notifies a person an action has been brought against him or her and he or she is required to answer to it at a time and place named in the summons. A summons is normally issued when the individual is charged with a misdemeanor and the magistrate believes the individual will appear in court on the basis of the written promise to appear on the summons. A subpoena is issued by a magistrate to notify witnesses they must appear in court and give testimony at a time and court named in the subpoena. Failure to appear may be considered contempt of court, which is punishable by a fine or imprisonment. * Issuing civil warrants
Civil cases involve disputes among individuals, corporations, or groups of individuals. The remedy sought normally is to recover money damages or require a person to complete an agreement or refrain from some activity. Magistrates are authorized by statute to issue civil processes, such as civil warrants, to collect money owed on unpaid rent; however, most of these matters are handled through the general district court clerk's office. For further information regarding the issuance of these processes, please contact the general district court clerk. * Accepting prepayment for certain offenses
Magistrates are given the authority to accept prepayments for certain traffic and minor misdemeanor violations, such as speeding and unlawful swearing and cursing. When prepayment is allowed, the accused may plead guilty, give up the right to a court hearing, and pay an established fine and court cost through the magistrate. Prepayments made to magistrates must be made in person before the magistrates; however, the individual may call the magistrate in advance to determine the exact amount of the prepayment. * Issuing emergency custody orders
Magistrates have the authority to issue emergency custody orders upon a finding of probable cause a person is mentally ill and in need of hospitalization. This order authorizes a law enforcement officer to take custody of such a person and transport him or her to a mental health worker for evaluation on his/her mental status. The emergency custody order is valid only for four hours from the time of service. * Issuing civil or criminal temporary mental detention orders
Magistrates, along with other judicial officers, have the authority to issue this type of order upon a finding of probable cause a person is mentally ill and in need of hospitalization. The criteria for issuance of a mental detention order is stricter for a magistrate than for a judge or special justice. Magistrates must receive information and clinical advice from a person skilled in the diagnosis or treatment of mental illness. The mental health worker often obtains this information through an evaluation conducted pursuant to an emergency custody order. Temporary mental detention orders normally allow the detention of a mentally ill person in a mental facility for a period of forty-eight hours, pending a commitment hearing. The forty-eight hour period may be extended for longer periods of time under special situations. * Issuing medical emergency temporary detention orders
Persons who refuse medical assistance for serious illnesses or injuries may be required to undergo such assistance upon issuance of this order. Magistrates, as well as judges, may issue these orders after having received testimony from the licensed physician attempting to obtain consent from the patient needing medical attention. The magistrate may issue this order upon a probable cause finding the person needing medical assistance is an adult and is incapable of making an informed decision regarding treatment of a physical or mental disorder. The magistrate also must find the medical standard of care calls for testing, observation, or treatment of the injury or illness within the next twenty-four hours to prevent death, disability, or a serious irreversible condition. This order allows detention of, and medical assistance to, the person for a period of twenty-four hours after service of the order. * Issuing emergency protective orders
A law enforcement officer may request this type of order in domestic violence cases. Magistrates or judges may issue this order if they find reasonable grounds to believe a person has committed an assault and battery against a family or household member, and there is probable danger of a further offense. In this order, the magistrate may prohibit the abuser from committing further acts of assault and battery; grant possession of the residence to the victim to the exclusion of the abuser; and prohibit all contact between the abuser and the victim. The order is valid until 5:00 p.m. on the next business day after issuance. * Issuing out of service orders
Magistrates must issue out of service orders upon a finding a person has operated a commercial motor vehicle while having any measurable amount of alcohol in his or her blood. By issuing this order, the magistrate prohibits the operator from driving a commercial motor vehicle for a period of twenty-four hours.
Magistrates also have the statutory power to administer oaths, take acknowlegements, and act as conservators of the peace. As a general rule, magistrates may exercise their authority only within the borders of their judicial districts.
Overall employment of judges, magistrates, and other judicial workers is projected to about as fast as average for all occupations through 2014. Budgetary pressures at all levels of government will hold down the hiring of judges, despite rising caseloads, particularly in Federal courts. Most job openings will arise as judges retire. However, additional openings will occur when new judgeships are authorized by law or when judges are elevated to higher judicial offices.
Public concerns about crime and safety, as well as a public willingness to go to court to settle disputes, should spur demand for judges. Both the quantity and the complexity of judges’ work have increased because of developments in information technology, medical science, electronic commerce, and globalization. The prestige associated with serving on the bench will ensure continued competition for judge and magistrate positions. However, a growing number of judges and candidates for judgeships are choosing to forgo the bench and work in the private sector, where pay is significantly higher. This movement may lessen the competition somewhat. Becoming a judge often is difficult because judicial candidates must compete with other qualified people and because they frequently must gain political support to be elected or appointed, and getting that support can be expensive.
Employment of arbitrators, mediators, and conciliators is expected to grow about as fast as the average for all occupations through 2014. Many individuals and businesses try to avoid litigation, which can involve lengthy delays, high costs, unwanted publicity, and ill will. Arbitration and other alternatives to litigation usually are faster, less expensive, and more conclusive, spurring demand for the services of arbitrators, mediators, and conciliators. Administrative law judges also are expected to experience average growth in employment.

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