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Current as of January 01, 2025 | Updated by Findlaw Staff
(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.
Cite this article: FindLaw.com - Utah Code Title 78A. Judiciary and Judicial Administration § 78A-2-220. Authority of magistrate - last updated January 01, 2025 | https://codes.findlaw.com/ut/title-78a-judiciary-and-judicial-administration/ut-code-sect-78a-2-220/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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