AI-assisted research summary: The section gives magistrates and specified judges authority over standing orders and several magistrate functions, and requires magistrates to prioritize one listed duty.
Sec. 54.1236. JURISDICTION; RESPONSIBILITY; POWERS. (a) The judges of the district or statutory county courts shall establish standing orders to be followed by a magistrate or parties appearing before a magistrate, as applicable. (b) To the extent authorized by this subchapter and the standing orders, a magistrate has jurisdiction to exercise the authority granted by the judges of the district or statutory county courts. (c) A magistrate has all of the powers of a magistrate under the laws of this state and may administer an oath for any purpose. (d) A magistrate shall give preference to performing the duties of a magistrate under Article 15.17, Code of Criminal Procedure. (e) A magistrate is authorized to: (1) set, adjust, and revoke bonds before the filing of an information or the return of an indictment; (2) conduct examining trials; (3) determine whether a defendant is indigent and appoint counsel for an indigent defendant; (4) issue search and arrest warrants; (5) issue emergency protective orders; (6) order emergency mental commitments; and (7) conduct initial juvenile detention hearings if approved by the Juvenile Board of Comal County. (f) With the express authorization of a justice of the peace, a magistrate may exercise concurrent criminal jurisdiction with the justice of the peace to dispose as provided by law of cases filed in the precinct of the authorizing justice of the peace, except for a trial on the merits following a plea of not guilty. (g) A magistrate may: (1) issue notices of the setting of a case for a hearing; (2) conduct hearings; (3) compel production of evidence; (4) hear evidence; (5) issue summons for the appearance of witnesses; (6) swear witnesses for hearings; (7) regulate proceedings in a hearing; and (8) perform any act and take any measure necessary and proper for the efficient performance of the duties required by the magistrate's jurisdiction and authority. Added by Acts 2003, 78th Leg., ch. 42, Sec. 1, eff. May 15, 2003. Renumbered from Government Code, Section 54.1156 by Acts 2005, 79th Leg., Ch. 728 (H.B. 2018), Sec. 23.001(28), eff. September 1, 2005.