Magistrate court is the entry point to the legal system for most West Virginians. The state has 159 magistrates — at least two in every county, with up to ten in Kanawha County. They are elected in nonpartisan elections and serve 4-year terms. Magistrates do not need to be attorneys.
2024 Magistrate Court by the Numbers
| Metric | 2024 Data |
|---|---|
| Felony filings (preliminary hearings) | 13,236 |
| Misdemeanor filings | 110,875 |
| Small claims filings | 30,060 |
| Emergency protective orders issued | 9,769 |
| Personal safety petitions | 4,670 |
| Mental health special proceedings | 525 |
Civil Cases: What Magistrate Court Can Handle
Small Claims Court (Up to $10,000)
Small claims court is designed so ordinary people — with or without a lawyer — can resolve money disputes quickly. Common cases include:
- Security deposit disputes with landlords
- Unpaid loans between individuals
- Property damage claims
- Unpaid work or contract disputes
Filing fees vary by county but are typically $30–$75. If you win, you can ask the judge to add the filing fee to what the other party owes you.
Landlord-Tenant (Unlawful Detainer & Eviction)
If a landlord wants to evict a tenant, they must file an unlawful detainer action in magistrate court. Tenants have the right to appear and tell their side. A magistrate cannot evict a tenant who has not been given proper legal notice.
Personal Safety Petitions
If you are being stalked or harassed by someone who is not a family member or intimate partner, you can file a personal safety petition in magistrate court. In 2024, there were 4,670 such petitions filed statewide.
Criminal Cases: What Magistrate Court Handles
Misdemeanor Trials
Magistrates can try and sentence misdemeanor cases. Common misdemeanors include simple assault, first-offense DUI, shoplifting, and traffic offenses.
⚖ Your Rights: You have the right to a jury trial in magistrate court for misdemeanors. You have the right to an attorney. If you cannot afford one and face possible jail time, the court must appoint a public defender. If convicted, you can appeal to circuit court for a brand-new trial (a “de novo” appeal) within 20 days.
Felony Preliminary Examinations
Magistrates do not try felony cases — that is circuit court’s job. But when someone is arrested on a felony charge, a magistrate holds a “preliminary examination” to decide whether there is enough evidence to send the case to circuit court. In 2024, there were 13,236 felony filings processed through magistrate courts statewide.
Bail: How It Works
After arrest, a magistrate sets bail — the amount of money required for release before trial. Factors considered include the seriousness of the charges, prior criminal history, flight risk, and danger to the community.
⚠ Bail Too High? If you believe bail was set unreasonably high, an attorney can request a bail reduction hearing in circuit court. This should be done as quickly as possible after arrest — every day in pretrial custody has real consequences.
Mental Health and Special Proceedings
In counties without enough mental hygiene commissioners, magistrates can handle probable cause hearings for involuntary hospitalization. They also handle emergency custody in child abuse and neglect cases. In 2024, magistrate courts processed 2,961 juvenile special proceedings and 525 mental health special proceedings.
Related Posts
- Divorce, Custody & Child Support: What West Virginia Family Court Can Do For You (Apr 14)
- Your Rights When CPS Shows Up: A Guide for West Virginia Parents (Apr 16)
- You’ve Been Charged: A First-Timer’s Guide to the WV Criminal Court Process (Apr 18)
Need Legal Help?
Find your county magistrate court at courtswv.gov
WV Legal Aid: lawv.net | 1-866-255-4370
This post is for general information only and is not legal advice.
