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

N.C. Gen. Stat. § 7A-273 (2026)

Powers of magistrates in infractions or criminal actions

✓ current as of July 2026
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In criminal actions or infractions, any magistrate has power:

(1) In infraction cases in which the maximum penalty that can be imposed is not more than fifty dollars ($50.00), exclusive of costs, or in Class 3 misdemeanors, other than the types of infractions and misdemeanors specified in subdivision (2) of this section, to accept guilty pleas or admissions of responsibility and enter judgment;

(2) In misdemeanor or infraction cases involving alcohol offenses under Chapter 18B of the General Statutes, traffic offenses, hunting, fishing, State park and recreation area rule offenses under Chapters 113 and 143B of the General Statutes, State forest rule offenses under Articles 74 and 75 of Chapter 106 of the General Statutes, boating offenses under Chapter 75A of the General Statutes, open burning offenses under Article 78 of Chapter 106 of the General Statutes, and littering offenses under G.S. 14-399(c) and G.S. 14-399(c1), to accept written appearances, waivers of trial or hearing and pleas of guilty or admissions of responsibility, in accordance with the schedule of offenses and fines or penalties promulgated by the Conference of Chief District Judges pursuant to G.S. 7A-148, and in such cases, to enter judgment and collect the fines or penalties and costs;

(2a) In misdemeanor cases involving the violation of a county ordinance authorized by law regulating the use of dune or beach buggies or other power-driven vehicles specified by the governing body of the county on the foreshore, beach strand, or the barrier dune system, to accept written appearances, waivers of trial or hearing, and pleas of guilty or admissions of responsibility, in accordance with the schedule of offenses and fines or penalties promulgated by the Conference of Chief District Court Judges pursuant to G.S. 7A-148, and in such cases, to enter judgment and collect the fines or penalties and costs;

(3) To issue arrest warrants valid throughout the State;

(4) To issue search warrants valid throughout the county;

(5) To grant bail before trial for any noncapital offense;

(6) Notwithstanding the provisions of subdivision (1) of this section, to hear and enter judgment as the chief district judge shall direct in all worthless check cases brought under G.S. 14-107, when the amount of the check is two thousand dollars ($2,000) or less. Provided, however, that under this section magistrates may not impose a prison sentence longer than 30 days;

(7) To conduct an initial appearance as provided in G.S. 15A-511; and

(8) To accept written appearances, waivers of trial and pleas of guilty in violations of G.S. 14-107 when the amount of the check is two thousand dollars ($2,000) or less, restitution, including service charges and processing fees allowed by G.S. 14-107, is made, and the warrant does not charge a fourth or subsequent violation of this statute, and in these cases to enter judgments as the chief district judge directs.

(9) Repealed by Session Laws 1991 (Regular Session, 1992), c. 900, s. 118(d). (1965, c. 310, s. 1; 1969, c. 876, s. 2; c. 1190, s. 25; 1973, c. 6; c. 503, s. 8; c. 1286, s. 7; 1975, c. 626, s. 4; 1977, c. 873, s. 1; 1979, c. 144, s. 3; 1981, c. 555, s. 3; 1983, c. 586, s. 5; 1985, c. 425, s. 4; c. 764, s. 16; 1985 (Reg. Sess., 1986), c. 852, s. 17; 1987, c. 355, ss. 1, 2; 1989, c. 343; c. 763; 1989 (Reg. Sess., 1990), c. 1041, s. 1; 1991, c. 520, s. 2; 1991 (Reg. Sess., 1992), c. 900, s. 118(d); 1993, c. 374, s. 4; c. 538, s. 35; 1994, Ex. Sess., c. 14, s. 1; c. 24, s. 14(b); 1999-80, s. 1; 2002-159, s. 1; 2014-115, s. 20; 2015-241, s. 14.30(aa1); 2021-78, s. 2(a).)

 

Notes of Decisions
Cited in 8 cases, 1980–2017 · leading case: Darling v. Falls, 236 F. Supp. 3d 914 (M.D.N.C. 2017).
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Darling v. Falls, 236 F. Supp. 3d 914 (M.D.N.C. 2017). · cites it 2× “See N.C. Gen. Stat. §§ 7A-273(3), 15A-304(f)(6) Accordingly, Plaintiffs allegations, taken as true, fail to show that the judicial acts of the Judicial Defendants were taken in complete absence of all jurisdiction.”
State v. Rhome, 462 S.E.2d 656 (N.C. Ct. App. 1995). · cites it 4× “” Assuming arguendo without deciding that the warrant-issuing “power” of a magistrate, see N.C. Gen. Stat. § 7A-273 (1989 & Cum. Supp.”
Bradshaw v. Admin. Off. of the Courts, 357 S.E.2d 370 (N.C. 1987). · cites it 3× “N.C.G.S. § 7A-273(3). This Court has held that “[t]he issuance of a warrant of arrest is a judicial *135 act.”
Cole v. Summey, 329 F. Supp. 2d 591 (M.D.N.C. 2004). · cites it 2× “N.C. Gen.Stat. § 7A-273. Violation of a domestic violence protective order is a Class A1 misdemeanor.”
State v. Cooke, 271 S.E.2d 561 (N.C. Ct. App. 1980). “Notwithstanding the provisions of G.S. 7A-273(1), a magistrate is not empowered to accept a guilty plea and enter judgment for this offense.”
Phillips v. Wood, 341 F. Supp. 2d 576 (M.D.N.C. 2004). “§ 7A-273 (2003). Two requirements must be met before judicial immunity will apply.”
State v. Warren, 296 S.E.2d 671 (N.C. Ct. App. 1982). “The magistrate who issued this warrant meets this standard and properly acted within his county of appointment as required by G.S. 7A-273(4). Finally, the warrant must describe with reasonable certainty the place to be searched and the items to be seized.”
The NC State Bar v. Foster, 808 S.E.2d 920 (N.C. Ct. App. 2017). · cites it 2× “Magistrates have the power to enter judgments for pre-determined infractions and *923 misdemeanors; to issue arrest warrants, search warrants, and grant bail in certain cases; to conduct initial appearances; and to accept waivers, pleas, and enter judgments for certain worthless…”
— N.C. Gen. Stat. § 7A-273(1) — 1 case
State v. Cooke, 271 S.E.2d 561 (N.C. Ct. App. 1980). “Notwithstanding the provisions of G.S. 7A-273(1), a magistrate is not empowered to accept a guilty plea and enter judgment for this offense.”
— N.C. Gen. Stat. § 7A-273(3) — 2 cases
Darling v. Falls, 236 F. Supp. 3d 914 (M.D.N.C. 2017). “See N.C. Gen. Stat. §§ 7A-273(3), 15A-304(f)(6) Accordingly, Plaintiffs allegations, taken as true, fail to show that the judicial acts of the Judicial Defendants were taken in complete absence of all jurisdiction.”
Bradshaw v. Admin. Off. of the Courts, 357 S.E.2d 370 (N.C. 1987). “N.C.G.S. § 7A-273(3). This Court has held that “[t]he issuance of a warrant of arrest is a judicial *135 act.”
— N.C. Gen. Stat. § 7A-273(4) — 1 case
State v. Warren, 296 S.E.2d 671 (N.C. Ct. App. 1982). “The magistrate who issued this warrant meets this standard and properly acted within his county of appointment as required by G.S. 7A-273(4). Finally, the warrant must describe with reasonable certainty the place to be searched and the items to be seized.”
— N.C. Gen. Stat. § 7A-273(6) — 1 case
State v. Rhome, 462 S.E.2d 656 (N.C. Ct. App. 1995). “” Assuming arguendo without deciding that the warrant-issuing “power” of a magistrate, see N.C. Gen. Stat. § 7A-273 (1989 & Cum. Supp.”
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