78A-2-220. Authority of magistrate.
(1) Except as otherwise provided by law, a magistrate as defined in Sectionshall have the authority to: 77-1-3 commit a person to incarceration prior to trial; set or deny bail under Sectionand release upon the payment of monetary bail, as defined in Section, and satisfaction of any other conditions of release; 77-20-205 77-20-102 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.
(2) A judge of the justice court may exercise the authority of a magistrate specified in Subsectionwith the following limitations: (1) 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.