Utah Code
Utah Code § 78A-2-220 (2026)
Authority of magistrate
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Except as otherwise provided by law, a magistrate as defined in Section 77-1-3 shall have the authority to:
commit a person to incarceration prior to trial;
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;
issue to any place in the state summonses and warrants of search and arrest and authorize administrative traffic checkpoints under Section 77-23-104;
conduct an initial appearance;
conduct arraignments;
conduct a preliminary examination to determine probable cause;
appoint attorneys and order recoupment of attorney fees;
order the preparation of presentence investigations and reports;
issue temporary orders as provided by rule of the Judicial Council; and
perform any other act or function authorized by statute.
A judge of the justice court may exercise the authority of a magistrate specified in Subsection (1) with the following limitations:
a judge of the justice court may conduct an initial appearance, preliminary examination, or arraignment as provided by rule of the Judicial Council; and
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
Notes of Decisions
Cited in 3
cases, 2014–2015 · leading case: State v. Aleh, 2015 UT App 195, 357 P.3d 12.
State v. Aleh, 2015 UT App 195, 357 P.3d 12. “However, a constitutional amendment eliminated this secondary purpose in 1995. That constitutional amendment declared 'that the function of the preliminary hearing "is limited to determining whether probable cause exists unless otherwise pro *16 vided by statute.”
State v. Black, 2015 UT 54, 355 P.3d 981. “§ 78A-2-220(1)(f). 115 Mr. Black contends that by presiding over proceedings leading up to his preliminary hearing, the district court judge stepped into the role of a magistrate.”
State v. Smith, 2014 UT 33, 344 P.3d 573. “See Uran Cope § 78A-2-220(2). 33 . 886 P.2d 53 , 54 n. 2 (Utah 1994).”
Utah Code § 78A-2-220(1)(f): 2 cases
State v. Aleh, 2015 UT App 195, 357 P.3d 12. “However, a constitutional amendment eliminated this secondary purpose in 1995. That constitutional amendment declared 'that the function of the preliminary hearing "is limited to determining whether probable cause exists unless otherwise pro *16 vided by statute.”
State v. Black, 2015 UT 54, 355 P.3d 981. “§ 78A-2-220(1)(f). 115 Mr. Black contends that by presiding over proceedings leading up to his preliminary hearing, the district court judge stepped into the role of a magistrate.”
Utah Code § 78A-2-220(2): 1 case
State v. Smith, 2014 UT 33, 344 P.3d 573. “See Uran Cope § 78A-2-220(2). 33 . 886 P.2d 53 , 54 n. 2 (Utah 1994).”
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