Yes. In any U.S. courtroom, federal or state, you call a magistrate “Your Honor” when you speak to the bench, and that is the safest thing to say whether you are a party, a witness, or an attorney. Outside the United States the answer changes, so if your hearing is in England, Wales, or Australia, keep reading before you walk in.
Federal Court: Your Honor, or Judge
Every federal district court follows the same convention. Address the magistrate judge as “Your Honor” while speaking to the bench, and refer to the magistrate judge as “the Court,” “His Honor,” or “Her Honor” when you are speaking to a witness or the jury.1United States District Court Central District of California. Tips on Practice in Federal Court Pro se guides handed to self-represented litigants put it more plainly: “Call the judge ‘Your Honor’; speak clearly.”2U.S. District Court for the District of Kansas. A Pro Se Guide
“Judge” also works. The official title is “United States Magistrate Judge,” and either “Magistrate Judge” or “Judge” alone is considered proper.3United States District Court for the District of Connecticut. United States Magistrate Judges: Their Function and Purpose in Our Federal Courts If you default to “Your Honor,” you will never be wrong.
Do Not Say Just “Magistrate”
This is the mistake people make most often, and many magistrate judges dislike it. Before 1990 the position was titled “United States Magistrate.” Congress changed it to “United States Magistrate Judge” through the Judicial Improvements Act of 1990 to reflect the judicial nature of the role, and “Magistrate” by itself has not been a standalone federal title since.3United States District Court for the District of Connecticut. United States Magistrate Judges: Their Function and Purpose in Our Federal Courts Using it alone strips out the word that acknowledges the person’s judicial authority. Stay with “Your Honor,” “Judge,” or the full title “Magistrate Judge.”
One reason the title carries weight: when the parties consent, a federal magistrate judge can preside over an entire civil trial, including a jury trial, and enter a final judgment, with an appeal running directly to the federal court of appeals just as it would from a district judge’s ruling.4Legal Information Institute. Federal Rules of Civil Procedure Rule 73 – Magistrate Judges: Trial by Consent; Appeal The person in the robe is not a lesser judicial officer.
State Court: Local Custom, Usually Your Honor
State courts introduce more variation. Many states have judicial officers called magistrates, justices of the peace, or hearing officers whose roles, qualifications, and titles differ significantly from their federal counterparts. Some are elected, some appointed, and in a few states certain magistrate positions do not require a law degree. The expected form of address tracks local custom. “Your Honor” is almost always safe and accepted, and in many courtrooms “Judge” works too. Where the judicial officer holds a different title, such as “Justice of the Peace,” some courts prefer that you use that title directly.
Because there is no single national rule for state courts, the safest step before a state appearance is to check the court’s website or call the clerk’s office. Many state courts publish handbooks or etiquette guides for self-represented parties that spell out exactly what to say.
Outside the United States
England and Wales
The English and Welsh system is different. Most magistrates in England and Wales are unpaid volunteers known as justices of the peace, not legally trained judges. You address them in court as “Sir,” “Madam,” or the traditional “Your Worship.”5Courts and Tribunals Judiciary. What Do I Call a Judge “Your Worship” can sound archaic, and in ordinary hearings “Sir” or “Madam” is more common.6Solicitors Regulation Authority. How to Address the Court Calling an English magistrate “Your Honor” would actually be wrong, since that title is reserved for circuit judges in the Crown Court and County Court.
Australia
Australian magistrates sit in local or magistrates’ courts and are addressed as “Your Honour” while court is in session. Outside the courtroom the correct form is “Magistrate” followed by their surname.7Style Manual. Judiciary The in-court and out-of-court distinction is consistent across Australian states and territories.
If You Slip Up
Honest mistakes almost never lead to sanctions. If you accidentally say “Magistrate” instead of “Judge” or stumble over a title, the typical result is a polite correction from the bench or the clerk and nothing more. Judges know most people are nervous in court, especially those representing themselves for the first time.
The stakes rise with deliberate or repeated disrespect. Federal courts have the power to punish contempt, including misbehavior in the court’s presence that obstructs the administration of justice.8Office of the Law Revision Counsel. 18 USC 401 – Power of Court Magistrate judges specifically have authority to punish summary contempt by fine or imprisonment for disruptive conduct in their presence.9Office of the Law Revision Counsel. 28 USC 636 – Jurisdiction, Powers, and Temporary Assignment Realistically, contempt comes into play when someone refuses to follow instructions, curses at the judge, or acts in a way clearly meant to disrupt. Nobody has been jailed for saying “Magistrate” instead of “Judge.”
Attorneys face a higher bar. Professional conduct rules require lawyers to maintain the decorum of a tribunal, and repeated discourtesy can lead to state bar discipline separate from anything the court does. For a lawyer, getting the form of address wrong is an unforced error that erodes a judge’s goodwill before the case is argued.
How to Confirm Before Your Hearing
If you have a court date coming up and are still unsure, a few reliable options:
- Check the court’s website. Many federal and state courts publish etiquette guides or pro se handbooks that spell out how to address the judicial officer, usually under a “self-help” or “representing yourself” section.
- Call the clerk’s office. Clerks field these questions constantly and will tell you the magistrate judge’s preferred form of address, along with any local quirks.
- Watch a hearing. A few minutes in the same courtroom before your own hearing will show you how attorneys and other participants address the bench.
- Default to “Your Honor.” When all else fails, it is accepted in every U.S. courtroom, and no judge will penalize you for using it.