Texas Basic Peace Officer Certification Practice Exam

Which of the following is NOT classified as a magistrate according to the Code of Criminal Procedure?

1. Recorders of incorporated cities

2. Justices of the Peace

3. Supreme Court Justices

4. District Attorneys

The correct answer is: District Attorneys

Understanding the classification of magistrates according to the Code of Criminal Procedure is essential for recognizing their roles within the legal system. A magistrate is generally defined as an official with the authority to make decisions in legal matters, particularly in relation to criminal procedures. District Attorneys are primarily prosecutors responsible for representing the state in criminal cases, overseeing the prosecution process, and ensuring that justice is served. Although they hold an important position within the judicial framework, they do not possess the specific functions or authority associated with a magistrate role as defined in the Code of Criminal Procedure. Their responsibilities focus on law enforcement and prosecution rather than acting as a judicial officer authorized to make legal determinations or preside over court proceedings. In contrast, recorders of incorporated cities, justices of the peace, and Supreme Court justices all have specific judicial functions outlined within the statutes. These officials perform various duties such as adjudicating disputes, issuing warrants, and making legal judgments, thereby fitting the definition of a magistrate. This delineation aligns with the legal definitions and roles established in Texas law, underscoring why District Attorneys do not fall under the category of magistrates as per the Code of Criminal Procedure.