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2021 Utah Code
Title 78A - Judiciary and Judicial Administration
Chapter 2 - Judicial Administration
Part 2 - General Provisions Applicable to Courts and Judges
Section 220 - Authority of magistrate.
Universal Citation: UT Code § 78A-2-220 (2021)
Effective 11/16/2021
78A-2-220. Authority of magistrate.
Amended by Chapter 4, 2021 Special Session 2
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:
- (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
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