78A-2-220 - 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 shallhave 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 andsatisfaction of any other conditions of release;
(c) issue to any place in the state summonses and warrants of search and arrest andauthorize administrative traffic checkpoints under Section 77-23-104;
(d) conduct an initial appearance in a felony;
(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 inSubsection (1) with the following limitations:
(a) a judge of the justice court may conduct an initial appearance, preliminaryexamination, or arraignment in a felony case as provided by rule of the Judicial Council;
(b) a judge of the justice court may not set bail in a capital felony nor deny bail in anycase; and
(c) a judge of the justice court may authorize administrative traffic checkpoints underSection 77-23-104 and issue search warrants only within the judicial district.
Renumbered and Amended by Chapter 3, 2008 General Session