North Carolina Consent to Magistrate Judge Jurisdiction-AO 85 is a form used by a litigant in federal court in North Carolina to consent to having a United States Magistrate Judge preside over the case. The form allows the litigant to agree that the Magistrate Judge may conduct all proceedings, including the trial, and enter a final judgment. There are two types of North Carolina Consent to Magistrate Judge Jurisdiction-AO 85 forms: one for civil cases and one for criminal cases. The civil form includes a consent to have the Magistrate Judge issue an order or opinion on any dispositive motion in the case. The criminal form includes a consent to have the Magistrate Judge conducts any and all proceedings, including but not limited to arraignment, pretrial hearings, suppression hearings, plea hearings, trial, sentencing, and post-trial proceedings. The form must be signed by the litigant and his/her attorney, and must be filed with the court.
North Carolina Consent to Magistrate Judge Jurisdiction-AO 85)
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(b) To be eligible for nomination as a magistrate, an individual shall have at least eight years' experience as the clerk of superior court in a county of this State or shall have a four-year degree from an accredited senior institution of higher education or shall have a two-year associate degree and four years of
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.
A magistrate is a judicial officer appointed to a district court. This means they work in a specific district but have less authority than a circuit court judge.
No law degree required.
Magistrates are not elected, but are nominated for office by the clerk of superior court, appointed by the senior resident superior court judge, and supervised by the chief district court judge. A magistrate serves an initial term of two years, with subsequent terms of four years.