Our JP here was told by a defense attorney that when he is magistrating a defendant the meeting must be either tape recorded or have a court reporter recording the meeting. Article 15.17 addresses the duties of the magistrate. It states, in part, �A recording of the communication between the arrested person and the magistrate shall be made.� Our JP has forms which are checklists of items which are discussed with the arrested, and after everything is explained, both the magistrate and the arrested sign the forms. A recording. Is this sufficient? Or, is it necessary to also have the meeting taped or electronically recorded? Do you know what other magistrates are customarily doing?

I've always understood the recording referred to in 15.17(a) only applied to magistration done by means of an electronic broadcast system where the accused does not appear in person before the magistrate. Subsection (e) requires a "record" be made of certain functions performed by the magistrate, and it can be written or electronic, per procedures adopted by the county.

Janette