Dictionary.com defines “discretion” as “the power or right to decide or act according to one’s own judgment; freedom of judgment or choice.” Discretion is used in all walks of life — personal and professional. It is especially used in law enforcement; in the courts; and as we all know, especially now, inside county magistrate’s offices across North Carolina. Sometimes, discretion, when used properly, is a good thing. In a recent event in Charlotte, North Carolina, the use of discretion contributed to a horrific tragedy.
On Aug. 22, DeCarlos Brown Jr. allegedly brutally murdered a Ukrainian refugee, Iryna Zarutska, by stabbing her several times in the neck. Brown appeared to casually walk away as Zarutska looked at him in horror, slumped over, and fell to the floor where she died moments later. Brown has a long criminal and violent history. A recent Newsweek article stated, “He has previously been convicted of felony larceny, robbery with a dangerous weapon and communicating threats, leading to a six-year prison sentence in 2015 for incidents dating to 2013 and 2014. He was released in 2020; then, months later, he was charged with assaulting his sister.”
The magistrate, Teresa Stokes, who decided Brown should be released rather than remain detained until his trial, used the wide legal discretion granted to magistrates on these matters. This time, her decision contributed to an innocent young woman being killed.
Magistrate’s Training in NC
Magistrates in North Carolina are judicial officials at the district court level. They are not judges, but they make important decisions in both civil and criminal matters. Magistrates officiate marriages, issue warrants, set conditions of pretrial release, and preside over small claims disputes.
To become a county magistrate in North Carolina, you must be a resident of the county or a contiguous county and meet one of the following experience requirements: a four-year college degree, eight years as a North Carolina Clerk of Superior Court or law enforcement officer, or an associate degree plus four years of work experience in a related field like teaching or counseling. You must complete a mandatory basic training course of 40 hours within six months of your appointment and receive an oath of office. You do not have to have majored in and graduated with a degree in anything related to law.
In other words, you can receive a degree in liberal arts or forestry and yes, you can become a magistrate. No legal background is required.
To retain your position as a magistrate you must pass an annual training course, and complete at least 12 hours of continuing education. Such education must include specified subjects, such as setting pretrial release conditions, issuing process, impaired driving laws, issuing criminal and search warrants, and issuing orders of protection. The UNC School of Government offers the Basic School for Magistrates to help fulfill the basic training requirement.
The legislature should consider more stringent qualifications and training for someone to become a magistrate.
What is also interesting is that there is no standard for setting bail. It is totally up to the discretion of the magistrate. In North Carolina, magistrates determine a defendant’s bond by considering the nature and circumstances of the offense, the weight of the evidence, the defendant’s ties to the community (family, employment, residence), their financial resources and character, their criminal history, their history of failing to appear in court, and their mental condition.
The goal is to set conditions that reasonably assure the defendant’s court appearance and prevent danger to the public or interference with the case. Aside from these considerations, the magistrate has full discretion for setting bond.
The legislature needs to have a standard system put in place for setting bonds, because the “system” allowing for full discretion that is in place now, is not working, as we have recently seen from Teresa Stokes.
Knowing his violent past, Stokes should have held Brown on a high bond, with a recommendation for a mental evaluation.
Possible bill on the horizon:
At a recent press conference, leaders of both the state House and Senate said they planned on addressing this and other issues in a omnibus crime bill to be revealed on Sept. 22. Their statements made clear that they believe this is an issue as well. Gov. Josh Stein, a Democrat, even said he thought standards for magistrates should be strengthened. So, thankfully, it looks like something will soon be done to improve the situation and remove some of the chaotic discretion magistrates have been granted.
We expect our law enforcement to have high standards and be educated and trained at a high level. We expect our doctors to be highly trained and qualified, as well as our DA’s and defense attorneys alike. We should likewise expect magistrates to be qualified and trained at the highest level. Moreover, specific and consistent standards for setting bail should be established. Far too many people have been victimized by repeat offenders who were let back on the streets. It needs to stop.
