Title 78A Chapter 2 Section 220

Judiciary and Judicial Administration
Judicial Administration
Section 220
Authority of magistrate.


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 77-20-1 and release upon the payment of bail 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 set bail in a capital felony nor deny bail in any case.

Amended by Chapter 245, 2013 General Session