Opinion
Opinion Delivered March 21, 2002
Section 8 (A) of Amendment 80 to the Arkansas Constitution states:
REFEREES, MASTERS AND MAGISTRATES. (A) A Circuit Court Judge may appoint referees or masters, who shall have power to perform such duties of the Circuit Court as may be prescribed by Supreme Court rule.
In response to this provision, the Supreme Court Committee on Criminal Practice has deliberated about the use of referees or masters in criminal proceedings and considered the adoption of possible rules to implement the procedures. The Committee has now recommended to the court a proposed rule, which appears at the end of this order.
We express our gratitude to the members of the Criminal Practice Committee for their work on this matter. We are publishing the Committee's proposal for comment from the bench and bar. Comments and suggestions may be made in writing and submitted no later than May 31, 2002, and be addressed to:
Leslie Steen, Arkansas Supreme Court Clerk
Attn: Magistrate Rule
Justice Building
625 Marshall Street
Little Rock, AR 72201
RULE _____
APPOINTMENT AND AUTHORITY OF CRIMINAL MAGISTRATE
(a) A Circuit Judge who hears criminal cases may appoint a referee or master, who shall be referred to as a Criminal Magistrate, and who shall perform any of the following duties as may be assigned by the appointing Court:
(1) Conduct first appearance and probable cause hearings and pretrial release inquiries pursuant to Rules 8.1, 8.3 — 8.6 and ARCrP Rules 9.1 — 9.5 including conditions of release and money bail;
(2) Appoint counsel pursuant to ARCrP Rule 8.2, conduct arraignments and accept pleas of not guilty and not guilty by reason of mental disease or defect;
(3) Issue warrants of arrest pursuant to ARCrP Rule 7.1 and ACA § 16-81-104 or summons pursuant to ARCrP Rule 6.1;
(4) Issue search warrants pursuant to ARCrP Rule 13.1;
(5) Conduct preliminary revocation hearings pursuant to ACA § 5-4-310;
(6) Preside over execution of waivers of extradition pursuant to ACA § 16-94-103 and make the preliminary findings and set bail pursuant to ACA 16-94-216.
(b) The territorial jurisdiction of the Criminal Magistrate shall be coextensive with that of the appointing judge or judges, unless specifically limited by the order of appointment.
(c) A Criminal Magistrate shall possess the same qualifications as a Circuit Judge.
(d) A Criminal Magistrate appointed pursuant to this Rule shall not engage in the practice of criminal law in the judicial circuit in which he serves.
(e) Any party aggrieved by any decision of the Criminal Magistrate may apply for de novo relief to the Division of Circuit Court to which the case has been assigned, and if unassigned, to any division of Circuit Court.
(f) The appointment shall be in writing and filed with the Circuit Clerk. All findings and orders of the Criminal Magistrate shall be in writing and filed with the clerk of the appropriate court.
Comments: The committee chose not to address the issue of the term of the appointment. It was anticipated by the committee that the magistrate would schedule trial dates at the arraignment proceedings.