RULE 16-807. APPOINTMENT, COMPENSATION, DUTIES OF MAGISTRATES
West's Annotated Code of MarylandMaryland RulesEffective: January 1, 2022
Effective: January 1, 2022
MD Rules, Rule 16-807
RULE 16-807. APPOINTMENT, COMPENSATION, DUTIES OF MAGISTRATES
Cross reference: See Code, Courts Article, § 2-501(e)(2), directing that the Administrative Office of the Courts shall identify the standing circuit court magistrates.
(2) Appointment; Compensation. A majority of the judges of the circuit court of a county may appoint full-time and part-time standing magistrates, provided that there is included in the State budget for the Judicial Branch an appropriation of an amount necessary to pay the salary and benefits of each magistrate. The salary and benefits of a standing magistrate may not be assessed as costs against a party to an action.
Cross reference: See Code, Courts Article, § 2-501(e)(1) and (5), requiring that a standing circuit court magistrate hired on or after July 1, 2002, be a State employee and that the salary and benefits of the magistrate be included in the State budget. Magistrates who were in office at the time were given the option to remain as county employees, and some did so.
Cross reference: See Rules 2-541, 9-208, and 11-111.
Committee note: Magistrates have authority only over matters properly referred to them by the court. Their function is to conduct a hearing (unless one is waived), take evidence, and, based on the evidence, file a report with the court containing proposed findings of fact, conclusions of law, and a recommended disposition of the matter referred.
(1) Appointment; Compensation. The circuit court of a county may appoint a special magistrate for a particular action, except proceedings on matters referable to a standing magistrate under Rule 9-208 or Rule 11-103. Unless the compensation of a special magistrate is paid with public funds, the court (A) shall prescribe the compensation of the special magistrate, (B) may tax the compensation as costs, and (C) may assess the costs among the parties.
Cross reference: See Code, Courts Article, § 2-102(b)(4) and (c) and § 2-501(b).
Cross reference: See Committee note to subsection (a)(3) of this Rule.
Source: This Rule is derived in part from the 2018 version of Rules 2-541 (a) and (i) and 9-208 (j) and is in part new.
Credits
[Adopted Oct. 10, 2018, eff. Jan. 1, 2019. Amended Nov. 9, 2021, eff. Jan. 1, 2022.]
MD Rules, Rule 16-807, MD R CTS J AND ATTYS Rule 16-807
Current with amendments received through February 1, 2024. Some sections may be more current, see credits for details.
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