Authority of magistrate.
Utah Code § 78A-2-220
in effect78A-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
Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title78A/Chapter2/78A-2-S220.html?v=C78A-2-S220_2021111020211116Fetched: 10/26/2026