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Senate passes bill to authorize magistrate pilot with felony pleas removed
Summary
Lawmakers approved a pilot allowing appointed county magistrates with judicial oversight, but an amendment removed authority for magistrates to accept felony pleas after lawmakers raised constitutional concerns about unelected officials performing core judicial functions.
The Senate passed a conforming substitute to House Bill 22 51 after floor debate and a committee-filed amendment that removed felony plea authority from county magistrates.
Senator Yarbrough argued on the floor that "you have to be an elected judge in order to do things that are core judicial functions," warning that empowering unelected magistrates risks constitutional problems. The Yarbrough concern prompted amendment number 1, which the sponsor described as removing the provision that allowed magistrates to take felony pleas while retaining misdemeanor plea authority.
Sponsor Senator Lowe said the bill implements a pilot recommended by district attorneys and judges in some high-caseload counties, with magistrates appointed by elected judges and operating under judicial oversight. Lowe told the Senate the pilot is limited to counties with substantial caseload pressures and is designed to preserve constitutional judicial oversight.
Why it matters: The measure modifies how some routine judicial tasks may be delegated in counties with heavy caseloads. Supporters describe it as a narrowly tailored pilot with oversight; critics said it risks handing core judicial functions to unelected personnel in some counties.
The amendment was adopted and the bill passed on third consideration; the chair declared the constitutional majority and the bill passed.
