All judges are magistrates. Article 2.09, Code of Criminal Procedure. All magistrates have co-equal jurisdiction with all other magistrates within the county and their jurisdiction is coextensive with the limits of the county. Gilbert v. State, 493 S.W.2d 783 (Tex. Crim. App. 1973), and Ex parte Clear, 573 S.W.2d 224 (Tex. Crim. App. 1978). As a magistrate, municipal judges are authorized to warn adult offenders of their respective rights as required by law.
The duties of arresting peace officers and of magistrates are detailed in the Code of Criminal Procedure. Article 14.06 provides that peace officers must take the accused before a magistrate when a warrantless arrest is made pursuant to one of the exceptions to the warrant requirement. Such exceptions are stated in Chapter 14. Similarly, Article 15.17 requires that individuals arrested pursuant to a warrant also be brought before a magistrate. Presentation before a magistrate must take place without unnecessary delay, but in no event more than 48 hours after the person is arrested.
Generally, a magistrate is involved in the preliminary stages of a criminal proceeding. Such proceedings involve adults accused of criminal offenses. Because the juvenile justice laws in Texas are civil proceedings, the preliminary stages of a child being taken into custody are governed by Title 3 of the Texas Family Code, not Article 15.17 of the Code of Criminal Procedure. In this sense, children who are taken into custody are not “magistrated” in the same manner as adults. Magistrates are, however, frequently involved in the procedures governing the taking of a confession by a child.
For more information on the role of magistrates, see:
- Municipal Courts and the Texas Judicial System, Chapter 1 (available for purchase)
- TMCEC Bench Book, Chapter 1 (available for purchase or download)
- TMCEC Forms Book, Chapter V (available for purchase or download)
For more information, see the following:
Consular Notification and Access
Magistrate Duties: Setting Bail in Criminal Cases (S.B. 6)
S.B. 6 (2021) requires magistrates to complete an 8-hour initial training course on magistrate duties as a qualification for setting bail in criminal cases punishable by confinement. TMCEC, in conjunction with the Office of Court Administration (OCA), has developed a course specifically for municipal judges serving as magistrates. This virtual event is available on-demand on TMCEC’s Online Learning Center. Attendance counts for 8 hours of Judicial Education and Clerk Certification credit. TMCEC will report to OCA the names of the magistrates who have completed the full 8-hour training course. This event is approved for up to 7 hours of CLE ($100 CLE Reporting Fee). Magistrates who begin serving after April 1, 2022 have 90 days from the date they take office to complete the training.
The course consists of the following presentations:
- The Changing Landscape of the Law of Bail in Texas: Overview & Case Processing
- The Basics: Bail and Bonds in Texas
- Personal Bonds: Utility and Limits
- Constitutional Concerns, Case Law, and the Texas Magistrate
- Mandatory and Discretionary Bond Conditions
- Bail and Individuals with Mental Illness and Intellectual Disabilities
- Documentation and Reporting: Roles and Responsibilities of Court Personnel
- A TMCEC Primer on Criminal Record History Information and Court Access
Note that S.B. 6 also requires a two-hour continuing education course in each subsequent state fiscal biennium in which the magistrate serves.