Judicial Officers

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Revision as of 04:50, 8 March 2022 by Sysop (talk | contribs) (Created page with " A magistrate is a judicial officers with powers limited by statute. Penal Code section 806 to829, 838, 852.3, 853.6, 853.8, 858 to 883, 1269 to 1270.2 A judge as magistrate...")
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A magistrate is a judicial officers with powers limited by statute. Penal Code section 806 to829, 838, 852.3, 853.6, 853.8, 858 to 883, 1269 to 1270.2

A judge as magistrate is not a judge of the superior court. (People v. Toney (2004) 32 Cal.4th 228, 230,fn. 2; People v. Randall (1973) 35 Cal.App.3d 972, 975.

A magistrate is inferior to the superior Court, so a Superior Court may issue writs to a magistrate. People v. superior Court (chico Feminist Women's health Ctr.) (1986) 187 Cal.app.3d 647, 655.)

So a Superior Court judge may issue a writ for a magistrate at a preliminary hearing. (People v. superior court (Jimenez) (2002) 28 Cal.4th 793, 803.)