12-17-264
Section 12-17-264 Prior service credit. Prior service credit may be obtained by any former
magistrate who is entitled to take advantage of this article for years served in his individual
capacity as magistrate or judge of any inferior court, municipal judges excluded, by contributing
an amount equal to six percent of his then salary for each year for which prior service credit
is sought. (Acts 1988, No. 88-313, p. 475, §5.)...
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15-26-1
Section 15-26-1 Conduct of pre-trial proceeding by audio-video communication device. Whenever
the law requires a defendant in a criminal case to appear before any judge or magistrate for
a first or subsequent appearance, bail, arraignment, or other pre-trial proceeding, at the
discretion of the court, the proceeding may be conducted by an audio-video communication device,
in which case the defendant shall not be required to be physically brought before the judge
or magistrate. The audio-video communication shall enable the judge or magistrate to see and
converse simultaneously with the defendant or other person and operate so that the defendant
and his or her counsel, if any, can communicate privately, and so that the defendant and his
or her counsel are both physically present in the same place during the audio-video communication.
The signal of the audio-video communication shall be transmitted live and shall be secure
from interception through lawful means by anyone other than the...
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15-4-9
Section 15-4-9 Issuance and execution of arrest warrant for accused; appearance of accused
before judge. (a) If a jury summoned under this chapter finds that the deceased came to his
death by the act of another by unlawful means, the coroner may issue a warrant of arrest for
such person, which may be executed in the same manner as provided in Chapter 7 of this title.
(b) When arrested, the person must be brought before the district court of the county in which
the inquest was held, and the district court judge must proceed to examine the charge and
commit, bail or discharge the defendant as upon a warrant of arrest under the provisions of
such chapter. (Code 1852, §819; Code 1867, §4370; Code 1876, §3998; Code 1886, §4809;
Code 1896, §4932; Code 1907, §7170; Code 1923, §4565; Code 1940, T. 15, §84.)...
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31-2-111
Section 31-2-111 Ordering out of troops - Request to Governor by local officials. Whenever
any circuit court judge, municipal court judge, probate court judge, sheriff, or mayor of
any incorporated city, town, or village, shall have reasonable cause to apprehend the outbreak
of any riot, rout, tumult, mob, or combination to oppose the enforcement of the laws by force
or violence, within the jurisdiction in which such officer is by law a conservator of the
peace, which cannot be speedily suppressed or effectually prevented by the ordinary posse
comitatus and peace officers, it shall forthwith become the duty of such judge, sheriff, or
mayor, to report the facts and circumstances in writing or verbally to the Governor or his
authorized representative, and request him to order out such portion of the National Guard
of the state as may be necessary to enforce the laws and preserve the peace. It shall thereafter
be the duty of the Governor, if he deems such apprehension well-founded, to...
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45-35-232.26
Section 45-35-232.26 Judicial officer. As used in this subpart, the term judicial officer means,
unless otherwise indicated, any circuit judge or equivalent thereof in the Twentieth Judicial
Circuit, any district court judge or equivalent, any district or municipal magistrate whose
duties are authorized by law, and any municipal judge or any judge specially sitting by designation
of the presiding judge of the Twentieth Judicial Circuit, or equivalent in the county. (Act
93-693, p. 1324, §7.)...
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15-5-17
Section 15-5-17 Searching of person charged with felony for weapon or evidence in judge's or
magistrate's presence. When a person charged with a felony is supposed by the judge or the
magistrate before whom he is brought to have upon his person a dangerous weapon or anything
which may be used as evidence of the commission of the offense, the judge or the magistrate
may direct him to be searched in his presence and such weapon or other thing to be retained,
subject to the order of the court in which the defendant may be tried. (Code 1852, §844;
Code 1867, §4395; Code 1876, §4024; Code 1886, §4745; Code 1896, §5502; Code 1907, §7775;
Code 1923, §5489; Code 1940, T. 15, §118.)...
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28-4-279
Section 28-4-279 Forfeiture and condemnation proceedings in circuit courts. A search warrant
may be issued by any judge of a circuit court, and on the return of the warrant, the same
proceedings may be had before the judge sitting as a court as are prescribed in this article
for the trial before district court judges issuing said warrants. Any defendant to the warrant
in such circuit court may have a jury trial upon demanding the same at the time he files his
verified answer and claim. (Acts 1909, No. 191, p. 63; Acts 1915, No. 2, p. 8; Code 1923,
§4766; Code 1940, T. 29, §235.)...
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14-6-6
Section 14-6-6 Commitment to nearest sufficient jail to insure safekeeping. In all criminal
cases, either before or after conviction, and in cases of contempt, if it is shown to the
court, judge or committing magistrate that the jail of the proper county is insecure or insufficient
for the safekeeping of the prisoner or that there is no jail in the county, the commitment
must be to the nearest sufficient jail and the reason of such change must be entered on the
minutes of the court, or stated in the warrant or endorsed thereon and signed by the magistrate.
The jailer of the county to which the commitment is made must receive and confine the prisoner
on such commitment or a certified copy of such order. (Code 1852, §252; Code 1867, §3800;
Code 1876, §4500; Code 1886, §4548; Code 1896, §4959; Code 1907, §7204; Code 1923, §4814;
Code 1940, T. 45, §132.)...
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15-13-105
Section 15-13-105 Order of bail in warrantless arrest cases. In cases where a defendant is
arrested without a warrant and taken into custody and there is no standard bail schedule prescribed
by the presiding judge of the court of jurisdiction for the amounts of bail for such arrests
without warrants, then the arresting officer shall, as soon as possible, contact a judicial
officer for an order of bail. If the arresting officer is unable to contact the judicial officer
having jurisdiction of the case, the arresting officer may contact any judicial officer having
the authority to set bail in that judicial circuit to issue the order of bail. If no judicial
officer has issued an order of bail within 24 hours of the arrest of defendant, then the bail
shall be set by operation of law and the amount of bail shall be that amount prescribed as
the minimum amount established by the bail schedule adopted by Supreme Court rule. Provided,
however, in violation and misdemeanor cases the minimum...
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15-6-22
Section 15-6-22 Hearing; discharge of defendant; continuation of hearing. When a person complained
of is brought before the circuit, district or municipal court judge, he and his witnesses
must be heard in his defense; and, if on hearing the witnesses on both sides it appears that
there is no just reason to fear the commission of the offense, the defendant must be discharged.
If the hearing is continued, the judge shall require the defendant to give bail for his appearance,
and, failing to furnish the bail, the defendant must be committed to jail. (Code 1852, §412;
Code 1867, §3961; Code 1876, §4030; Code 1886, §4684; Code 1896, §5165; Code 1907, §7525;
Code 1923, §5143; Code 1940, T. 15, §406.)...
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