(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.
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