2006 Utah Code - 78-7-17.5 — Authority of magistrate.

     78-7-17.5.   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 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 in Subsection (1) with the following limitations:
     (a) a judge of the justice court may conduct an initial appearance, preliminary examination, 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 any case; and
     (c) a judge of the justice court may authorize administrative traffic checkpoints under Section 77-23-104 and issue search warrants only within the judicial district.

Amended by Chapter 150, 2004 General Session