Rule 16-807 - Appointment, Compensation, Duties of Magistrates(a)Standing Magistrates(1)Application of Section. Section (a) of this Rule applies to standing magistrates identified as such by the State Court Administrator. 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.
(3)Duties; Procedures. The duties of a standing magistrate and the procedures relating to matters referred to a standing magistrate shall be as set forth in the Maryland Rules or by other State law. 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.
(b) Special Magistrates(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).
(2)Duties. The order of appointment of a special magistrate shall specify the powers and duties of the magistrate and may contain special directions. Those powers, duties, and directions shall be consistent with the traditional function of magistrates. Cross reference: See Committee note to subsection (a)(3) of this Rule.
(c) Officer of the Court; Tenure. A magistrate is an officer of the court in which the referred action is pending and serves at the pleasure of the court.(d) Transcript. The costs of any transcript required to be prepared in connection with the referral of a matter to a magistrate may be included in the costs of the action and assessed among the parties as the court may direct. 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.
Adopted Oct. 10, 2018, eff. 1/1/2019; amended Nov. 9, 2021, eff. 1/1/2022.