SECTIONS 72190-72193 - California Statutes

GOVERNMENT CODE

SECTION 72190-72193

72190. Within the jurisdiction of the court and under the direction
of the judges, commissioners shall exercise all the powers and
perform all of the duties prescribed by law. At the direction of the
judges, commissioners may have the same jurisdiction and exercise the
same powers and duties as the judges of the court with respect to
any infraction or small claims action. They shall be ex officio
deputy clerks.

72190.1. A commissioner may conduct arraignment proceedings on a
complaint if directed to perform those duties by the presiding judge
of the court, including the issuance and signing of bench warrants.

72190.2. If directed to perform such duties by the presiding judge,
a commissioner may issue and sign a bench warrant for the arrest of
a defendant who fails to appear in court when required to appear by
law or who fails to perform any act required by court order.

72193. Whenever the charter of any city creates the office of city
prosecutor, or provides that a deputy city attorney shall act as city
prosecutor, and charges such prosecutor with the duty, when
authorized by law, of prosecuting misdemeanor offenses arising out of
violations of state laws, the city prosecutor may exercise the
following powers:
(a) The city prosecutor shall prosecute all such misdemeanors
committed within the city, and handle all appeals arising from it.
The city prosecutor shall draw complaints for such misdemeanors, and
shall prosecute all recognizances or bail bond forfeitures arising
from or resulting from the commission of such offenses.
(b) Whenever any person applying for a writ of habeas corpus is
held in custody by any peace officer of such city, charged with
having committed within the city any misdemeanor, a copy of the
application for such writ shall be served upon such city prosecutor
at the time and in the manner provided by law for the service of
writs of habeas corpus upon district attorneys. On behalf of the
people, the prosecutor shall conduct all proceedings relating to such
application. If the constitutionality of any law is questioned in
any such habeas corpus proceeding, the city prosecutor shall
immediately notify the city attorney who may take charge of the
proceedings on behalf of the people, or become associated with the
city prosecutor in the proceedings.