JUDGE NOAKER BIO:
In December of 2016, the Burnet County Commissioner's Court appointed Judge Noaker as the Burnet County Criminal Magistrate. 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. His law enforcement experience includes tenures with the Baltimore Police Department (MD), Washington County Sheriff's Office (MD), US Drug Enforcement Administration (DEA Task Force), US Federal Air Marshal Service, and the US Federal Bureau of Investigation (FBI Joint Terrorism Task Force). After federal service, Judge Noaker worked as a criminal defense Capital Murder (FACT) Investigator with the State of Texas - RPDO (Regional Public Defender's Office for Capital Cases) organization that represents those indigent persons charged with capital murder and facing the death penalty. Judge Noaker also served in the United States Army for 6 years. Not only is Judge Noaker serving as the Burnet County Magistrate, he is also the Associate Municipal Judge for the cities of Burnet and Bertram.
TAMARA TINNEY BIO:
Tamara Tinney joined the Magistrate’s Office in July of 2017 as the Court Clerk, a newly created position in response to the increased population of the Burnet County Jail. She came to our office from Justice of the Peace Pct. 3 & 4 where she held the Rover Clerk position. Tamara has also worked in the Burnet County Jail Administration Office and in the Burnet County District Attorney’s office. Her varied experience within the criminal justice system well qualifies her as the first ever Magistrate’s Court Clerk. Tamara possesses a strong passion to help facilitate services for people in need… that, coupled with her legal expertise helps the Burnet County Magistrate’s Office remain current on legislative affairs and ensures that the office runs as efficiently as possible.
WHAT IS A MAGISTRATE?
H.B. No. 3844 TX Creation of Burnet County 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
INDIGENT DEFENSE / COURT APPOINTED ATTORNEY APPLICATION
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 and your charge is a Misdemeanor Class A, B, a State Jail Felony, or any Felony degree (Class C Misdemeanors are not eligible), scroll up to the Court Appointed Attorney Application link in the Forms / INFO Sheets section of this page to download the form. Ensure that you THOROUGHLY complete the application and submit it to the court that has jurisdiction in your legal matter. If you don't know the jurisdiction of your court, you may submit the application to the Burnet County Magistrate's Office via email: ttinney@burnetcountytexas.org
If you have questions or need assistance in completing an application, please contact
the Magistrate Clerk Tamara Tinney at (512) 715-8600, ext. 242.
MENTAL HEALTH
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
(800) 841-1255
or
Bluebonnet Trails Community Services
4606 Innovation Loop
Marble Falls, TX 78654
(830) 798-2902