Judge Noaker was appointed as the Burnet County Magistrate in 2016. In addition to his role as Magistrate, Judge Noaker serves as the Burnet County Indigent Defense Coordinator and as the Burnet County Mental Health Liaison. Judge Noaker has a varied background of law enforcement and criminal defense work in his 30 years experience in the criminal justice field. Not only is Judge Noaker serving as the Burnet County Magistrate, he is also the Associate Municipal Judge for the City of Bertram.
What is a Magistrate?
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.
The Magistrate has the following legal authority:
• Issuance of Arrest Warrants
• Issuance of Search Warrants
• Magistration Hearings after Arrest or Detention (15.17 Hearings)
• Execution of Writs and Orders subsequent to arrest
• Determination of Bail subsequent to Arrest
• Orders for Emergency Protection
• Mental Health Emergency Commitments
• Examining Trials (Art. 39 Tx.C.C.P.)
• Property Hearings
• Dangerous Animal Determinations
• Peace Bonds
What is an Indigent Defense Coordinator?
The Indigent Defense Coordinator assists person(s) applying for indigent defense court appointed attorney applications and determines indigency. One objective of the Indigent Defense Coordinator is to reduce judicial time spent on court appointments, increase the likelihood that low literacy defendants are able to understand the court the application for court appoint attorney(s) and ensure the accuracy of the defendant’s data.
If you are currently facing criminal charges and believe you may qualify as being indigent - click on the below link to download the Court Appointed Attorney application and submit it to the court that has jurisdiction in your legal matter.
Court Appointed Attorney Application
If you have questions or need assistance in completing an application, please contact
Judge Noaker at (512) 715-8600, ext. 242.
What is a Mental Health Liaison?
The Mental Health Liaison helps facilitate mental health services to those persons who face criminal charges. Additionally, those persons who suffer from substance abuse / addiction may benefit from the services of the local Burnet County MHMR authority, Bluebonnet Trails who also specializes in drug treatment programs.
For Mental Health Needs...
Contact the 24-Hour Crisis Hotline
4606 Innovation Loop
Marble Falls, TX 78654
Change of Address...
Your court notices will be mailed to you. If you have a change in mailing address, please inform the court. You may do so by calling (512) 715-5203 for misdemeanor cases or (512) 756-5436 for felony cases.
You may also get court docket information online at:
Burnet County Jail or Court Records Search
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