Current through the 2024 Fourth Special Session
Section 78A-2-220 - Authority of magistrate(1) Except as otherwise provided by law, a magistrate as defined in Section 77-1-3 shall have the authority to:(a) commit a person to incarceration prior to trial;(b) set or deny bail under Section 77-20-205 and release upon the payment of monetary bail, as defined in Section 77-20-102, and satisfaction of any other conditions of release;(c) issue to any place in the state summonses and warrants of search and arrest and authorize administrative traffic checkpoints under Section 77-23-104;(d) conduct an initial appearance;(e) conduct arraignments;(f) conduct a preliminary examination to determine probable cause;(g) appoint attorneys and order recoupment of attorney fees;(h) order the preparation of presentence investigations and reports;(i) issue temporary orders as provided by rule of the Judicial Council; and(j) perform any other act or function authorized by statute.(2) A judge of the justice court may exercise the authority of a magistrate specified in Subsection (1) with the following limitations:(a) a judge of the justice court may conduct an initial appearance, preliminary examination, or arraignment as provided by rule of the Judicial Council; and(b) a judge of the justice court may not perform any act or function in a capital felony case.Amended by Chapter 4, 2021SP2 General Session ,§ 30, eff. 11/16/2021.Amended by Chapter 431, 2021 General Session ,§ 17, eff. 5/5/2021.Amended by Chapter 185, 2020 General Session ,§ 18, eff. 10/1/2020.Amended by Chapter 245, 2013 General Session ,§ 8, eff. 7/1/2013.Amended by Chapter 208, 2011, 2011 General Session