Local Court Magistrates to Be Given the Title of Judges in New South Wales

The legal system in Australia is often been out of touch with modern society.

And, perhaps, calling Local Court magistrates ‘Your Worship’ – which was the case until 2004 – was a reflection of this.

In an attempt at that time to help modernise the judicial system, Local Court magistrates have been addressed as ‘Your Honour’ by those who come before them.

However, they have still been known as ‘magistrates’ – an antiquated title few outside the legal profession understand and one that is perhaps inconsistent with the role these important members of the judiciary play in our state– a role which sees them take on at least 90% of the caseload of matters before New South Wales courts.

So, in an attempt to modernise the state’s judiciary, put aside antiquated terminology and give judicial members of the Local Court the respect they deserve, the New South Wales government has decided to replace the term ‘magistrate’ with ‘judge’ – a description that, until, was only given those in the higher courts.

Why the change?

In a media release regarding the change, New South Wales attorney General Michael Dealy  judicial officers who work in the country’s busiest court ‘deserve this title’, which he says will ‘reflect the seriousness, volume, and complexity of the work in this jurisdiction and will help improve the understanding of the important role of judicial officers in the Local Court.’

It is important to be aware that Local Court magistrates deal with increasingly complex and serious cases, and even the most serious criminal charges such as murder, aggravated sexual assault and multi-million dollar fraud commence in the Local Court, before later being ‘committed’ to a higher court such as the District or Supreme Court.

Over and above this, the Local Courts are being called upon to finalise a broader range of cases – such as many drug supply cases which can now be finalised by way of a defended hearing (if a person pleads not guilty) or sentencing (if a guilty plea is entered) when, previously, these cases had to be committed to a higher court.

So, it makes sense that the title of judicial officers in the Local Court be reflective of the increasing responsibilities required of magistrates.

Antiquated terminology to be replaced

Another reason for the change is to part to contribute to the modernisation of the judicial system.

‘Magistrate’ is an antiquated term that reflected the old-style duties required of public servants who held places in the Courts of Petty Sessions, a type of decision-making that dealt with minor criminal and civil matters at only the local level.

The term ‘magistrate’ has its roots in the early court system, where these officials were primarily responsible for maintaining order and hearing minor cases.

Since 1955, magistrates have required extra education to qualify for higher-up positions, highlighting the change in the responsibilities and knowledge required to hold this prestigious position.

Changing the terminology from magistrate to judge may contribute to putting outdated terminology behind us and even promote a better understanding of the Australian court system.

The transition process will involve updating all relevant legal documents, court procedures, and official titles to reflect this change.

History of the Local Court

Knowing the importance of the change from magistrate to judge is deeply rooted in the history of the court system in New South Wales.

The New South Wales Local Court was established in the late 18th century, with over 150 courts hearing family, criminal, and civil cases. Now, the NSW Local Court is the largest in the country.

The First Charter of Justice was created in 1787, authorising the governor, lieutenant governor, and judge to convene a criminal court. The court employed civil officers as magistrates to hear minor charges and disciplinary cases.

The First Charter of Justice evolved in the first paid Magistrate in 1810 and the first courthouse in 1821. Less than a decade later,  a magistrate became a paid position.

The New Courts of Petty Sessions were established in 1832 and formally established to convict people on charges of theft, abusive language, dishonest conduct, disobedience, or neglect.

In 1881, the Metropolitan Magistrates Act gave magistrates jurisdiction to deal with criminal offences only in the Sydney district.

There was little legislative change during the 19th century, with the first big change in the 20th century occurring in 1955 with the requirement of legal qualifications for newly appointed magistrates. The slow change from a magistrate being a civil officer to a qualified position was now in the court system.

The seriousness of the position was furthered by the Judicial Officers Act of 1985, which made magistrates independent judicial officers, and the 2004 abolishment of using ‘Your Worship’ to address magistrates.

The most recent change, bar the newest updates, came in 2018, when the magistrates’ retirement age was extended to 75, the same age as the judges of superior courts.

Changed to ‘Your Honour’

The vernacular was changed in 2004 to encompass both judges and magistrates as ‘Your Honour’ within the courts system in New South Wales. Previously, solicitors referred to magistrates as ‘Your Worship’ and held ‘Your Honour’ solely for the judges. But both are now called ‘Your Honour’ in the NSW district, county, and local courts.

Impact of the Nomenclature Changes

The main purpose of changing the wording from ‘magistrate’ to ‘judge’ highlights much more importance than solely making the legal system less complex. Addressing the court officials as ‘judges’ signifies that this profession has a higher ranking of professionalism, power, and authority than magistrates did in the past.

Even though magistrates are used in the local courts and often deal with less intense and complex cases, addressing magistrates as judges recognise their role in the court system in terms of a high workload and less autonomy than those in higher courts.

Furthermore, Changing the title from magistrate to judge could also have the following benefits:

1. Promoting respect for the role of members of the judiciary in the Local Court,
2. Enhancing the professionalism of the magistracy and recognising the legal qualifications necessary to hold this role,
3. Breaking down the artificial distinction between magistrates and judges in terms of scope and jurisdiction.
4. Reducing confusion when addressing a court official.

The change has been overwhelmingly welcomed as a positive step towards modernising the judicial system and providing judicial officers in the Local Court with the recognition they deserve.