Eleanor Finch
Texas has a county court in each of its 254 counties, presided over by a single county judge. These courts are referred to as constitutional county courts because they are established by the state constitution. The Texas Constitution states that there should be a county court in each county, presided over by a judge elected by the qualified voters of that county. These courts are distinct from statutory county courts, also called county courts at law, which were created by statute and are presided over by judges without executive powers.
| Characteristics | Values |
|---|---|
| Number of constitutional county courts | 254 |
| Number of counties in Texas | 254 |
| Presided by | A single county judge |
| Powers | Hearing and determining any cause in law or equity; granting writs of mandamus, injunction, sequestration, attachment, garnishment, certiorari, and supersedeas; handling probate and mental health code cases |
| Jurisdiction | Original jurisdiction over all criminal cases involving Class A and Class B misdemeanors; original jurisdiction in civil matters where the amount of money or damages involved is less than $200; concurrent jurisdiction with district courts in many cases |
| Appellate jurisdiction | Cases appealed from justice courts and municipal courts, except where county courts at law have been established |
| Salary of county judges with judicial functions | Salary paid by the county government plus a state supplement equivalent to 18% of the base salary of a district judge |
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What You'll Learn
Texas has one constitutional county court per county
Texas has a single constitutional county court in each of its 254 counties. This is because the Texas Constitution states that there should be a county court in each county, which is presided over by a single county judge.
The name "constitutional county court" refers to the establishment of these courts by the state constitution, rather than their jurisdiction over constitutional matters. These courts are distinct from statutory county courts, also known as county courts at law, which were created by statute and are presided over by judges without executive powers.
In counties where the county judge does not exercise judicial functions, their judicial duties are delegated to county courts at law. This is more common in populous counties, where the county judge may devote their full attention to the administration of the county government.
The constitutional county courts have original jurisdiction over all criminal cases involving Class A and Class B misdemeanors, as well as appellate jurisdiction in cases appealed from justice courts and municipal courts (except in counties with county courts at law). In most of Texas, these courts also have original jurisdiction over probate matters, though in some counties, the Legislature has created probate courts, giving the county court concurrent jurisdiction over such matters.
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County judges may appoint visiting judges
The Texas Constitution provides for a county court in each of the 254 counties of the state, though not all of these courts exercise judicial functions. In the more populous counties, the county judge may devote their full attention to the administration of the county government. County judges may appoint visiting judges in certain circumstances.
County judges may appoint a retired judge, a former constitutional county judge, or a constitutional county judge from another county as a visiting judge when the county judge is absent from the county or absent due to physical incapacity. The visiting judge has the same powers as the county judge in relation to the matter involved and must sit in all matters docketed on the county court's dockets. Without the consent of the commissioners' court, visiting judges may not sit for more than 15 working days during a calendar year.
County judges may also appoint a visiting judge with respect to any pending civil or criminal matter. The visiting judge may be appointed on the motion of the court or on the motion of any counsel of record in the matter. Each counsel of record is entitled to notice and a hearing on the matter.
County judges also have the power to appoint counsel to represent a party who makes an affidavit that they are too poor to employ counsel. Additionally, in a county with only one statutory county court, the statutory county court judge serves as the local administrative statutory county court judge. Local administrative judges can establish a court coordinator system and appoint court coordinators to improve justice and expedite the processing of cases through the courts.
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Upshur County's constitutional county court
Texas has a county court in each of its 254 counties. The Texas Constitution provides for a constitutional county court in all of these counties, though not all of them exercise judicial functions. In some of the more populous counties, the county judge may devote their full attention to the administration of the county government.
Upshur County Court in Texas has the general jurisdiction of a probate court. It also has concurrent jurisdiction with the district court in all other matters over which county courts are given jurisdiction by the constitution and general laws of the state. This means that Upshur County's constitutional county court can hear and determine any cause in law or equity recognised by a court of law or equity, and may grant any relief that may be granted by a court of law or equity.
All civil and criminal matters within the concurrent jurisdiction of the county and district courts must be filed with the county clerk in the Upshur County Court. The county judge acts as the presiding judge between the county and district courts and may assign to the district court original or appellate cases that are within the concurrent jurisdiction of the courts. The assignment is made by docket notation. The county clerk performs all clerical functions of the county court regarding matters within the concurrent jurisdiction of the county and district courts.
In Upshur County, the county judge may appoint a visiting judge with respect to any pending civil or criminal matter. This visiting judge may be a retired judge, a former constitutional county judge, or a constitutional county judge from another county. Without the consent of the commissioners court, a visiting judge may not sit for more than 15 working days during a calendar year.
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Powers of law and equity
Texas has 254 counties, and each county has a single constitutional county court presided over by a county judge. The name "constitutional county court" refers to the establishment of these courts by the state constitution, rather than their jurisdiction over constitutional matters. These courts primarily handle probate cases, and have original jurisdiction over all Class A and Class B misdemeanour criminal cases. They also have appellate jurisdiction in cases appealed from justice and municipal courts, except in counties with county courts of law.
Constitutional county courts have concurrent jurisdiction with justice courts in civil cases where the matter in controversy exceeds $200 but does not exceed $20,000. In larger counties, county courts-at-law have been created with separate judges to handle the large volume of cases. These courts are similar in function to constitutional county courts but are presided over by judges without executive powers.
County judges are elected on a countywide basis for a term of four years. While they must be well-informed in the law, they are not required to have a formal legal education or a license to practice law. After election, a county judge is mandated to complete 30 hours of judicial education in their first year and 16 hours annually thereafter to remain updated on new laws and procedures.
The county judge is the presiding officer of the commissioners' court and is required by law to perform this function when present. In the more populous counties, county judges may delegate their judicial functions to county courts at law, focusing instead on the administration of the county government.
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County judges' jurisdiction
Texas has a single County Court in each of its 254 counties. The County Judge, who presides over the County Court, has original jurisdiction over all criminal cases involving Class A and Class B misdemeanors, which are the more serious minor offences that can involve jail time. They also have concurrent jurisdiction over civil cases concerning small to moderate amounts and concurrent jurisdiction with justice of the peace and district or municipal court cases.
County Courts in Texas also have original jurisdiction over probate matters and proceedings under Subtitle C, Title 7, Health and Safety Code. The County Judge may also appoint a visiting judge with respect to any pending civil or criminal matter.
In some counties, the County Judge may devote their full attention to the administration of the county government. In these cases, the County Courts-at-law, where only qualified lawyers may preside, take on many of the judicial responsibilities of the County Judge. County Courts-at-law have jurisdiction over criminal matters and civil matters involving amounts of $200 or more.
The jurisdiction of County Courts and the judicial functions of the County Judge are limited by law, and their extent is defined by legislative actions. As such, the jurisdiction of County Courts varies between states, and even within states.
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Frequently asked questions
There are 254 constitutional county courts in Texas, one in each of the state's counties.
A constitutional county court has original jurisdiction over all criminal cases involving Class A and Class B misdemeanors. It also has appellate jurisdiction in cases appealed from justice courts and municipal courts.
A constitutional county court is presided over by a single county judge, who is elected by the qualified voters of the county and holds office for four years.
