Magistrates want equal footing with judges

25 May 2015 10:51 AM | Louise Stokes

Sourced from Courier Mail, written by Kay Dibben

Queensland magistrates are pushing to be renamed judges and have the backing of the state’s chief magistrate. Judge Ray Rinaudo said he fully supported the name change which was being introduced for the first time in the Northern Territory.


Territory magistrates will become judges, following the Lower Court Bill being passed recently. Judge Rinaudo said he agreed with the reasons put forward by the NT Attorney-General.


“Magistrates, are in a real sense, judges,’’ Judge Rinaudo said. “They have the same basic qualifications for appointment as judges and are subject to the same standards of judicial conduct, competence and ethics. “The title of magistrate reflects a public service magistracy of a bygone era."


About 96 per cent of criminal charges in 2013-14 were dealt with by magistrates courts. Bar Association of Queensland president Shane Doyle QC said if the Chief Magistrate supported the name change the Government should consider it.


“It is a sensible development to achieve uniformity and recognition of the importance of the work magistrates do,’’ Mr Doyle said.


The Australian Association of Magistrates and the Judicial Conference of Australia, representing both magistrates and judges, have been pushing for the name change for years. Association president Brett Dixon said he would be writing to the attorney-general of every state, putting forward the argument for local court judges throughout Australia.


Mr Dixon said there was no reason to distinguish between district court judges and magistrates. “We say the title ‘judge’ should apply to all of the judiciary,’’ he said. “Magistrates apply the law and are the sentencing body. In trials they carry out the same function as a judge.’’


Mr Dixon said magistrates were seeking a change of title, not a pay increase. Attorney-General and Justice Minister Yvette D’Ath said the issue had not been discussed.


“I appreciate that the magistrates play an important role in the judicial system but there are currently no plans to adopt changes similar to the Northern Territory,” she said.


Queensland magistrates can deal with civil cases involving up to $150,000 and jail offenders for up to three years. All domestic violence applications are dealt with in magistrates courts. In New Zealand, Canada and the UK, magistrates have been called judges for years.


The Australasian Society of Association Executives (AuSAE)

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