Kirk Noaker is a 30 year veteran of law enforcement and criminal defense serving in a number of roles over the course of his career, including positions with: the Baltimore City Police Department (MD), the Washington County Sheriff’s Office (MD), the Drug Enforcement Administration (Task Force), the Federal Bureau of Investigation (JTTF), and the Federal Air Marshal Service (ICE/TSA/FAA). Additionally, Kirk served in the US Army MP Corp. for 6 years during the Operation Desert Storm era in Bremerhaven, Germany and Aberdeen, Maryland. After Federal service, Kirk worked as a 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. In 2016, Kirk was appointed as an Associate Municipal Judge to the Cities of Burnet and Bertram (TX). Shortly thereafter, he was appointed as the Criminal Magistrate Judge by the Burnet County Commissioners Court (TX). Recently, Judge Noaker was invited to join the faculty at the Texas Municipal Courts Education Center (TMCEC) as a speaker on Magistration, Mental Health, and Bail & Bond. In January of 2018, the Texas Supreme Court and the Criminal Court of Appeals created the Texas Judicial Commission on Mental Health (JCMH). In October of 2019, Judge Noaker was invited to join the Collaborative Council for JCMH. Judge Noaker also speaks for the Texas Justice Courts Training Center (TJCTC), Texas Indigent Defense Commission (TIDC), Texas Center for the Judiciary (TCJ). and the Texas Association of Counties (TAC).
Kirk is a CAF Colonel with the United States Commemorative Air Force, Highland Lakes Squadron. He also serves as the Chair / Director of the Annual Bluebonnet Airshow that takes place at the City of Burnet, TX airport. Kirk is a Board Member, Vice President of the PTF Executive Board for First Baptist Christian School of Marble Falls and a former Board President for CASA for the Highland Lakes. Additional volunteer work includes: Marble Falls Chamber of Commerce and various entities that advocate on behalf of children. In 2013, Kirk was recognized as the Marble Falls (TX) 2013 Chamber of Commerce Volunteer of the Year. Kirk can also be seen periodically on KVUE “Midday” News (ABC – Austin, TX) discussing various community activities taking place in the Texas Hill Country.
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