Under current law, a magistrate may only be removed from office for cause or for failure to complete required training. The removal is by the Judicial Qualifications Commission. HB 149 would allow the chief magistrate to petition the chief superior court judge to remove an appointed magistrate with or without cause. If the majority of superior court judges agree, then the chief magistrate can terminate an appointed magistrate.

Local law or the superior court judges determine how many magistrates are authorized for the county. The statute currently provides that the number may not be reduced to remove a magistrate from office in the middle of a term. HB 149 removes this requirement, which would allow a magistrate to be removed in mid-term if the number of magistrates authorized for the county is decreased pursuant to local legislation or decision of the superior court judges.