§ 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:

(1)(a) commit a person to incarceration prior to trial;
(1)(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;
(1)(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;
(1)(d) conduct an initial appearance;
(1)(e) conduct arraignments;
(1)(f) conduct a preliminary examination to determine probable cause;
(1)(g) appoint attorneys and order recoupment of attorney fees;
(1)(h) order the preparation of presentence investigations and reports;
(1)(i) issue temporary orders as provided by rule of the Judicial Council; and
(1)(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:

(2)(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
(2)(b) a judge of the justice court may not perform any act or function in a capital felony case.

Legislative History

Amended by Chapter 4, 2021 Special Session 2