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:
Terms Used In Utah Code 78A-2-220- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- Arrest: Taking physical custody of a person by lawful authority.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Council: means the Judicial Council established by Article VIII, Sec. See Utah Code 78A-2-103
- Judicial Council: means the Judicial Council established by Utah Constitution, Article VIII, Section 12. See Utah Code 78A-2-103 v2
- Person: means :Utah Code 68-3-12.5
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- Statute: A law passed by a legislature.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
| (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. |
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| (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. |
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Amended by Chapter 4, 2021 Special Session 2
