78A-2-220. Authority of magistrate.

221 words·~1 min read·/ut/title-78a/chapter-2/78a-2-220

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 11/16/2021

(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 , 2021 Special Session 2