Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: THURSDAY, November 9, 1995 TAG: 9511090049
SECTION: VIRGINIA PAGE: C-1 EDITION: METRO
SOURCE: RAY REED
DATELINE: LENGTH: Medium
B.L., Roanoke
A: Magistrates' chief functions can be summed up in the words "probable cause." They decide whether probable cause exists for charging someone with a crime, and whether search warrants should be issued. They also set bail, but their discretion is limited.
Magistrates are not judges; they cannot dispose of court cases. They do exercise judgment in determining whether criminal charges should be filed when police officers bring in a suspect or residents bring complaints against others.
Magistrates are appointed by the chief judges of circuit courts. In the Roanoke Valley, the appointing duty falls to Judge Roy Willett. General District Judge Julian Raney supervises the 23rd Circuit's 13 magistrate positions. One slot is open.
Since 1985, new magistrates have had to be high school graduates. Starting in July this year, a bachelor's degree was required. Experience in working with the public is an asset.
Training consists of six months' probation, with on-the-job training in the criminal and civil statutes. Appointees attend a one-week course in Richmond and take a certification test.
Those who meet the performance standards complete a four-year term, during which they take two or more continuing legal education units per year.
Topics may include aspects of probable cause, or - a high priority - search and seizure.
Members of an advocacy group called Virginians Against Domestic Violence say the training doesn't focus enough on domestic violence.
How is it that we have this system? Every state has an entry point into the judicial process, and Virginia's is widely regarded as effective in most instances - enough so that no one is campaigning to throw it out.
Many states have an office called magistrate, but they may grant different powers. Some states have magistrate courts and elect the magistrates, who may serve as judges in minor cases.
Virginia lets people go free on bond more readily than some states. On the other hand, Virginia's courts control magistrate appointments, training requirements and performance standards. No such controls exist in political systems.
How can the system be changed? It's a tough question with a complex answer.
First of all, it's a huge system, with an estimated 10,000 domestic warrants or summonses yearly in the Roanoke Valley, according to Chief Magistrate Bobby Casey.
The murder-suicide case you referred to was not the first of its kind in the valley. Perhaps once in three years or so, a person who has passed through the magistrate's doors and been released on bail or recognizance has killed someone soon afterward.
Advocacy groups recommend more training to help magistrates recognize potentially lethal behavior in defendants.
Current laws rarely allow magistrates to put people in jail in domestic cases. The law leans toward releasing suspects on bail or recognizance if they've lived here and held the same job for several years.
Even when suspects violate terms of bail, they can be arrested again, but in most cases, the law sets them free again on bail until trial.
Changes being proposed include: requiring magistrates to issue arrest warrants, not just summonses, in domestic violence situations. The warrant at least puts the attacker through the arrest procedure and sets conditions of bond.
Advocates also want violation of bond to be a crime under which police officers can make an arrest without a warrant and take the suspect in for a new charge to be filed. Currently, a bond violator can't be arrested until a new warrant is issued. The delay that ensues can allow emotions to escalate.
Also on the advocates' agenda for change: mandates for police officers to transport victims to the hospital or magistrate, and requirements that police officers and magistrates advise victims about such community services as counseling and emergency shelters.
The legal system is inclined toward protecting the rights of the accused. In aggravated domestic violence situations, the victims' rights suffer. Physical and emotional harm occur.
Sometimes, the suffering is fatal. No state's legal system sniffs out and prevents every potentially lethal situation, though.
Got a question about something that might affect other people, too? Something you've come across and wondered about? Give us a call at 981-3118. Maybe we can find the answer.
by CNB