N.C. Gen. Stat. » Chapter 7A
NC General Statutes

N.C. Gen. Stat. § 7A-170 (2026)

Nature of office and oath; age limit for service

✓ current as of July 2026
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(a) A magistrate is an officer of the district court. Before entering upon the duties of his office, a magistrate shall take the oath of office prescribed for a magistrate of the General Court of Justice. A magistrate possesses all the powers of his office at all times during his term.

(b) No magistrate may continue in office beyond the last day of the month in which the magistrate reaches the mandatory retirement age for district judges specified in G.S. 7A-140.1. (1965, c. 310, s. 1; 1969, c. 1190, s. 13; 1977, c. 945, s. 2; 2013-277, s. 1; 2023-134, s. 16.14(k).)

 

Notes of Decisions
Cited in 13 cases (2 in the last 5 years), 1971–2023 · leading case: Crowder v. N.C. Admin. Off. of the Courts, 374 F. Supp. 3d 539 (E.D.N.C. 2019).
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Crowder v. N.C. Admin. Off. of the Courts, 374 F. Supp. 3d 539 (E.D.N.C. 2019). · cites it 2× “IV, § 10 ; N.C. Gen. Stat. §§ 7A-170, 7A-171, 7A-211, 7A-273, 7A-292 ; Bradshaw v.”
Bradshaw v. Admin. Off. of the Courts, 357 S.E.2d 370 (N.C. 1987). · cites it 6× “Article IV, section 2 of the Constitution of North Carolina provides the following: The General Court of Justice shall constitute a unified judicial system for purposes of jurisdiction, operation, and administration, and shall consist of an Appellate Division, a Superior Court…”
State v. Flowers, 183 S.E.2d 820 (N.C. Ct. App. 1971). “In the case before us, there was an intervening magistrate who was an officer of the district court (G.S. 7A-170) and was authorized, upon the finding of probable cause, to issue a search warrant.”
First Union Nat'l Bank v. Richards, 369 S.E.2d 620 (N.C. Ct. App. 1988). “Plaintiff is not deprived of its right to voluntary dismissal simply because the action was originally before the magistrate, an officer of the district court pursuant to G.S. 7A-170. Defendants also contend the magistrate’s judgment was a final judgment pursuant to G.”
Lewis v. Blackburn, 734 F.2d 1000 (4th Cir. 1984). “N.C.G.S. § 7A-170. . N.C.G.S. §§ 7A-211; 7A-273; 7A-292.”
Chandler v. Cleveland Sav. & Loan Ass'n, 211 S.E.2d 484 (N.C. Ct. App. 1975). “A magistrate is an officer of the district court, G.S. 7A-170, and the judgment of the magistrate in a civil action assigned to him by the chief district judge is the judgment of the district court.”
Cole v. Summey, 329 F. Supp. 2d 591 (M.D.N.C. 2004). · cites it 2× “N.C. Gen.Stat. § 7A-170. The district court has original subject matter jurisdiction over domestic violence actions.”
Foust v. Hughes, 204 S.E.2d 230 (N.C. Ct. App. 1974). “” A magistrate is an officer of the district court, G.S. 7A-170, and in issuing a warrant a magistrate performs a judicial act.”
Wynn v. Frederick (N.C. 2023). · cites it 8× “at 370, the General Assembly eliminated several local judicial offices, such as justices of the peace and constables,7 and created several state judicial offices, such as magistrates, id.”
The NC State Bar v. Foster, 808 S.E.2d 920 (N.C. Ct. App. 2017). · cites it 4× “The North Carolina Constitution describes our General Courts of Justice to include appellate, superior, and district courts. N.C. Const.”
Smith v. Lanier (M.D.N.C. 2022). · cites it 3× “IV, § 10; N.C. Gen. Stat. § 7A-170. Service on state officers must be made on the appointed process agent.”
Lori Jayne Kimbler (Bankr. E.D.N.C. 2020). “00 for use of the ankle monitor. 6 No other evidence corroborated that the magistrate provided legal advice; however, if that assertion is true, the action by the magistrate is improper.”
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— N.C. Gen. Stat. § 7A-170(a) — 2 cases
Wynn v. Frederick (N.C. 2023). “at 370, the General Assembly eliminated several local judicial offices, such as justices of the peace and constables,7 and created several state judicial offices, such as magistrates, id.”
Lori Jayne Kimbler (Bankr. E.D.N.C. 2020). “00 for use of the ankle monitor. 6 No other evidence corroborated that the magistrate provided legal advice; however, if that assertion is true, the action by the magistrate is improper.”
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