A magistrate judge must first become an actual judge, usually at the state or local level.
In both the United States and Australia, the only way to become a magistrate judge is to first become a common judge, usually at the state or local court level, and then be appointed to the position of magistrate by an official committee. Becoming a judge is no small thing. A law degree and several years of experience in legal practice are generally required. However, if you are in the UK, you can become a coroner much more easily. There, all a person has to do is volunteer and go through a basic screening; no legal training required.
To become a magistrate judge in the United States, individuals must network with district court judges and make their aspirations known.
The role of magistrate judges varies significantly from country to country. In the United States, magistrate judges are essentially more temporary, junior-level district court judges. The US magistrate judge system emerged in the mid-1960s as a means of alleviating some of the caseload pressures faced by federal district courts. Federal district court judges are appointed for life by the president. On the other hand, a magistrate judge is selected by a panel of district court judges and is elected for an eight-year term.
A magistrate’s jurisdiction covers cases of petty theft, such as shoplifting.
To become a magistrate judge under this system, you usually must already be a judge in a nearby courthouse. Most magistrate-appointed judges preside over state lower or superior courts. It is sometimes possible to nominate oneself for election to the magistrate, but more often the appointments are strictly internal. The best thing you can do if you want to become a trial judge in the US is to interact with district court judges and make your aspirations known.
Australian magistrate judges are selected through an entirely different process. In Australia, the Federal Magistrates Court is a court that deals almost exclusively with family law matters. A coroner in this scenario is simply a judge whose home is the Magistrates’ Court. All of these judges are appointed by the Chief Federal Magistrate.
As in the United States, there is no sure way to guarantee this commitment. Much of what is needed to become a trial judge in Australia is experience in family law, a good track record as a judge, and a strong reputation within the judicial system. Connections with the Chief Federal Magistrate always help too.
The English magistrate and judge system, by comparison, is something of an anomaly. In the UK, magistrate judges are essentially volunteers from the community who, after a lengthy training process, are authorized to hear and adjudicate a wide range of so-called ‘minor’ cases. Magistrates can impose fines and sentence offenders to up to six months in prison. Public drunkenness, petty theft, and some drug-related offenses are brought before the magistrates. The most serious offences, as well as any offense that costs more than six months in prison, must be referred to a judge at the Crown Court.
Crown Court judges resemble most judges in the United States, Australia, and elsewhere. A UK magistrate, however, is very much a characterization in itself. In the UK, anyone, regardless of their education and training, can volunteer to become a magistrate judge. Justices must be willing to take periodic half-days off work to attend and preside over hearings. UK law requires employers to give employees leave to work as a magistrate, and most employers offer paid leave.