The structure of the Texas judicial system is laid out in Article 5 of the Texas Constitution, and is further defined under the Texas Government Code and, with regards to probate matters, under the Texas Probate Code.
The structure is highly complex, featuring five layers of courts, several instances of overlapping jurisdiction, and an unusual bifurcated appellate system at the top level found only in one other state.
Traditionally, it has had a reputation for arbitrary "frontier justice"; in one notorious example, its appellate courts sustained a conviction of "guily" (where the t was omitted) in 1879 but reversed a conviction of "guity" (where the l was omitted) in 1886.
Constitutional Structure
Article V, Section 1, states that "he judicial power of this State shall be vested in one Supreme Court, in one Court of Criminal Appeals, in Courts of Appeals, in District Courts, in County Courts, in Commissioners Courts, in Courts of Justices of the Peace, and in such other courts as may be provided by law. The Legislature may establish such other courts as it may deem necessary and prescribe the jurisdiction and organization thereof, and may conform the jurisdiction of the district and other inferior courts thereto." As such, the Texas Legislature has created additional courts to handle its growing population.
Further sections of Article V spell out the basic requirements for each court's jurisdiction and for its officers.
Justice of the Peace Courts
The lowest court level in Texas is the Justice of the Peace Court (also called Justice Court or JP Court). Sections 18 and 19 of Article V, as well as Chapters 27 and 28 of the Texas Government Code, outline the duties of these Courts and their officers.
Under Section 18, the number of JP's (and associated constables) is dependent on the size of the county:
- For counties with populations less than 18,000 (as determined by the census), the entire county shall be one JP precinct, unless the Commissioners' Court determines that more are needed, in which case the court can divide the county into no more than four JP precincts.
- For counties with populations at least 18,000 but less than 50,000, the number of JP precincts shall be no less than two nor more than eight.
- For counties with populations 50,000 or greater, the number of JP precincts shall be no less than four nor more than eight.
- In any county with population less than 150,000, if any precinct contains a city with 18,000 or more population, that precinct shall have two JP's.
- In any county with population 150,000 or greater, each JP precinct may have more than one JP.
- Special provisions apply to Chambers and Randall counties (must have no fewer than two nor more than six precincts) and to Mills, Reagan, and Roberts (the Constable office is abolished, with the Sheriff's office performing all duties).
Section 19 sets forth the minimum jurisdiction of the JP court:
- Original jurisdiction in "criminal matters of misdemeanor cases punishable by fine only" (called "Class C" misdemeanor cases under the Texas Penal Code),
- Exclusive jurisidction in "civil matters where the amount in controversy is $200 or less", and
- "Such other jurisdiction as may be provided by law". Under this provision, the Legislature has raised the top limit on civil matters to $10,000 and assigned the JP courts, among others, the right to hear cases involving eviction as well as cases involving foreclosure and liens against personal property where the amount falls within the (revised) JP Court's jurisdiction.
In addition, the JP is an ex-officio notary public.
There is no requirement that the JP be an attorney. However, the Texas Government Code requires a JP to attend an 80-hour course involving the performance of JP duties within one year after initial election, and a 20-hour course every year thereafter.
JP cases are appealed to the county court level where the case results in a trial de novo. In criminal cases, cases beginning in justice court cannot be appealed beyond the county level court unless the the fine is more than $100 or a constitutional matter is asserted.
Municipal Courts
Under the authority granted it by Section 1 of Article V, the Legislature has allowed for the creation of municipal courts in each incorporated city in Texas, by voter approval creating such court. Chapters 29 and 30 of the Texas Government Code outline the duties of these Courts and their officers.
Municipal courts in Texas come into contact with more defendants than all other Texas courts combined. The subject matter of municipal courts relates to crimes relating to public safety and quality of life issues. In recent years, municipal courts and justice court in Texas have become the primary venue for acts of misconduct committed by children.
Within the city limits, these courts have shared jurisdiction with the JP courts on Class C criminal misdemeanor cases, and have exclusive jurisdiction on cases involving city ordinances. Municipal courts have limited civil jurisdiction over public matters relating to public safety (e.g., dangerous dog determinations). Confusion surrounding a municipal court's civil jurisdiction is complicated that if a municipal court is a "court of record," the Legislature has authorized municipalities to adopt ordinances that give municipal courts concurrent jurisdiction over substandard building cases with county and/or district courts. The matter of civil jurisidiction has been further confused by the advent of civil penalties for conduct that can be prosecuted as a Class C misdemeanor (e.g. certain parking violations, red light camera violations).
As a general rule, the municipal courts are not "courts of record" (i.e., no written transcript of the proceedings was taken), and thus an appeal to the county level would require a whole new trial (i.e., a trial de novo ). This proved to be a loophole for some defendants in traffic cases, who betted on the officer not being able to attend, and thus having the case dismissed. Furthermore, the de novo trials crowded the dockets of already busy county courts at law. Many major cities -- such as those in Austin, El Paso, Houston, Dallas and San Antonio-- have chosen to convert their municipal courts to courts of record (this also requires voter approval) to close this loophole.
In one of the odd provisions of the Texas Government Code, there is no requirement that a municipal judge be an attorney if the municipal court is not a court of record (Chapter 29, Section 29.004), but the municipal judge must be a licensed attorney with at least two years experience in practicing Texas law if the municipal court is a court of record (Chapter 30, Section 30.00006). The Code provides for differing requirements for municipal judges in certain cities, such as:
- Lubbock (five years experience, Section 30.00044)
- El Paso (provides for a presiding judge to be paid 20% above the other judges, Section 30.00128)
- San Antonio (must be have resided in the city for three years prior to appointment, Section 30.00224)
- Wichita Falls (need not be a resident of the city when appointed but must be a resident during his tenure, Section 30.00304),
- Sweetwater (need only be a licensed attorney in good standing, Section 30.00464)
- Lewisville ("shall devote as much time to the office as it requires", Section 30.01326)
- Houston ("may only be removed under Article V, Section 1-a, of the Texas Constitution", Section 30.00674)
- Bullard (the requirement for being a licensed attorney does not apply, Section 30.01482)
- Westlake and Trophy Club (both cities are located in Tarrant and Denton counties; for Westlake criminal appeals are taken to the Tarrant County Courts at Law, while for Trophy Club criminal appeals are taken to the Denton County Courts at Law, Sections 30.01781 and 30.01811)
Municipal court cases are generally appealed to the county court level, but cannot be appealed beyond that level unless the the fine is more than $100 or a constitutional matter is asserted.
County Courts
The Texas Constitution states that "here shall be established in each county in this State a County Court ..." Sections 15 through 17 of Article V, as well as Chapters 25 and 26 of the Texas Government Code, outline the duties of these Courts and their officers.
Section 15 states that the County Court shall be a "court of record", and states that the county judge shall be "well informed in the law of the State", "a conservator of the peace", and shall be elected for a four-year term. Section 16 states that the County Court "has jurisdiction as provided by law"; Section 17 states that the County Court shall hold terms as provided by law and that County Court juries shall consist of six persons, but in civil cases a jury shall not be empaneled unless one of the parties demands it and pays a jury fee or files an affidavit stating that it is unable to do so.
The county court has appellate jurisdiction over JP and municipal court cases (for municipal court cases, this may involve a trial de novo if the lower court is not a "court of record"), exclusive jurisdiction over "Class A" and "Class B" misdemeanors (these offenses can involve jail time), and concurrent jurisdiction over civil cases where the amount in controversy is moderately sized.
Since the county judge is also responsible for presiding over the Commissioners Court (the main executive and legislative body of the county), in most counties the Texas Legislature has established
Collin County Court at Law Clerks
County Court at Law Clerks manage and resolve the variety of controversies
Collin County Locations
Collin County Online provides a thorough list of government services alphabetized below ... County Court at Law County Court at Law Clerks Court Collections District Attorney
Collin County District Attorney Misdemeanor Trial Division Court 4 ...
Ms. Rodgers first began working for Collin County in 1993. Ms. Rodgers has worked for the Collin County Clerk's office, Collin County Court at Law Clerk's office and the Collin ...
Collin County County Court at Law
To resolve the variety of controversies and disputes that are filed and fall under the court
Collin County District Attorney Misdemeanor Trial Division Court 6 ...
Ms. Rodgers first began working for Collin County in 1993. Ms. Rodgers has worked for the Collin County Clerk's office, Collin County Court at Law Clerk's office and the Collin ...
Collaborative Law Alliance of Collin County
The Collaborative Law Alliance of Collin County is a group of ... trying to resolve family problems in a court of law. Why the Collaborative Law Alliance of Collin County?
The Collin County Observer - Appeals court overturns Collin capital ...
According to Collin County court records, the trial cost the county over $73 thousand in just ... Law, Crime & Punishment (169) Homeland Security (29) Fire departments (0) pandemic flu (11
County Court at Law 6
Collin County Court at Law 6 ... Home | Departments | County Court at Law | County Court at Law 6: County Court at Law No. 6
Collin County District Court
Law Library Case Lookup & Court Schedules. Locations & Contact Information ... 199th District Court: 199th District Court Collin County Courthouse map
Collin County Courts at Law - Civil Fee Schedule - Effective November ...
COLLIN COUNTY COURTS AT LAW CIVIL FEE SCHEDULE Collin Courts Jurisdictional Limits $500.00 to $100,000.00 (Effective November 1, 2008) NEW CIVIL CASE FILINGS Original Petition ...