Magistrate's Office    The office of magistrate is the successor to the office of the justice of the peace, which was abolished in 1974. Magistrates are authorized to issue arrest and search warrants, to admit to bail or commit to jail persons charged with offenses, to administer oaths and take acknowledgments, and to act as conservators of the peace. They also have the same power as district courts to issue  warrants and subpoenas within the county in which they have jurisdiction.  Magistrates are authorized to perform all other acts or functions that are provided specifically by law and may assist in federal criminal proceedings as authorized by federal law. As of July 1, 2008, although magistrates are still appointed, pursuant to Va. Code § 19.2-35, the appointment is made by the Executive Secretary of the Supreme Court of Virginia in consultation with the chief judges of the circuit courts having jurisdiction within the region that the magistrate is appointed to serve. Furthermore, magistrates serve at the pleasure of the Executive Secretary who has full supervisory authority over magistrates. Although magistrates are appointed and supervised by the Executive Secretary of the Supreme Court of Virginia, magistrates need to be cognizant that the Virginia Constitution states that all power is vested in, and derived from, the people of the Commonwealth. Consequently, magistrates are the people's trustees and servants. (Virginia Constitution, Article I, Section 2). The Committee on District Courts authorizes magistrate positions sufficient for the effective administration of justice in each district. Pursuant to VA. Code § 19.2-46.1 the salaries of magistrates and any other personnel in the office of the magistrate shall be fixed by the Executive Secretary of the Supreme Court of Virginia. Virginia Code § 19.2-46.2 requires the Committee to certify the names of all full-time magistrates to the Virginia Retirement System. This certification qualifies magistrates as state employees for purposes of Va. Code § 51.1-124.3 and § 51.1-152 of the Virginia Retirement System. To be eligible for appointment as a magistrate, a person must be a United States citizen and a resident of the Commonwealth of Virginia. Furthermore, a person seeking appointment as a magistrate on or after July 1, 2008 must have a bachelor's degree from an accredited institution of higher education. No person shall be appointed until he or she submits his or her fingerprints to be used to conduct a national criminal records search and a Virginia criminal history records search and no persons who have been convicted of a felony shall be appointed a magistrate. Each county must provide suitable office space, furniture, and other necessary equipment for its fulltime magistrates.     Contact Us Magistrate's Office P.O. Box 386 Emporia, VA  23847 Phone (434) 348-0330