Isabella Carter
The Texas Constitution provides for a county court in each of the 254 counties of the state, presided over by a single county judge. These constitutional county courts are trial courts with concurrent jurisdiction over many cases with district courts. They have original jurisdiction over criminal cases involving Class A and Class B misdemeanors and civil matters where the amount in controversy exceeds $200 but does not exceed $20,000. In some counties, the county judge may devote their full attention to county administration, delegating judicial functions to county courts at law. Constitutional county courts also have appellate jurisdiction in cases appealed from justice and municipal courts, except where county courts at law have been established.
| Characteristics | Values |
|---|---|
| Number of constitutional county courts | One in each of the 254 counties of Texas |
| Presided by | A single county judge |
| Judge's qualifications | Licensed to practice law in the state of Texas |
| Judge's role | Hybrid executive-judicial role |
| Judge's functions | Judicial functions, administration of county government, and presiding over guardianship or probate proceedings |
| Powers | Issuing writs of habeas corpus, remanding to custody, admitting to bail, discharging the person imprisoned or detained, hearing and determining motions against court officers, appointing counsel for the poor |
| Jurisdiction | Original jurisdiction over criminal cases involving Class A and Class B misdemeanors, concurrent jurisdiction with district courts in civil matters where the amount in controversy is between $200 and $20,000, appellate jurisdiction in cases appealed from justice courts and municipal courts (except where county courts at law have been established) |
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What You'll Learn
County courts have original jurisdiction over criminal misdemeanors
The Texas Constitution provides for a county court in each of the 254 counties in the state. County courts have original jurisdiction over criminal misdemeanors, but not all courts exercise judicial functions. In more populous counties, 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, which are the more serious minor offences. These are cases where the fine to be imposed exceeds five hundred dollars and exclusive original jurisdiction is not given to the justice court.
Justice of the peace courts, on the other hand, have original jurisdiction in Class C misdemeanour criminal cases, which are less serious offences. These courts also have jurisdiction over minor civil matters, small claims matters, and issuing search or arrest warrants. In some cases, a justice of the peace may also serve as the coroner in counties without a medical examiner.
Municipal courts, which are found in each of the incorporated cities of Texas, have concurrent jurisdiction with justice of the peace courts over Class C misdemeanours. These courts have original and exclusive jurisdiction over violations of city ordinances and can impose fines for offences related to fire safety, zoning, public health, and dumping of refuse.
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County judges may issue writs of habeas corpus
Texas County Courts are trial courts with concurrent jurisdiction over many cases with district courts. Each of the 254 counties in Texas has a single constitutionally granted county court, presided over by a single county judge. County courts have original jurisdiction over all criminal cases involving Class A and Class B misdemeanors, which are more serious minor offences.
In Texas, the court of criminal appeals, the district courts, the county courts, or any judge of those courts may issue the writ of habeas corpus. It is their duty, upon proper application, to issue the writ under the rules prescribed by law. The writ of habeas corpus is not invalid due to a want of form; it is sufficient that it is issued by a competent authority and shows the object of its issuance.
The writ of habeas corpus is mainly used as a post-conviction remedy for prisoners challenging the legality of their detention. It can also be used in immigration or deportation cases, military detentions, and court proceedings before military commissions. A habeas corpus petition must be in writing, signed, and verified by the petitioner or someone acting on their behalf.
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The Texas Constitution mandates one county court per county
The constitutional county court name refers to its establishment by the state constitution, not its jurisdiction over constitutional matters. These courts are presided over by the county judge, or the county's chief executive, who is elected by the qualified voters and holds office for four years. The role of the county judge is similar to the hybrid executive-judicial role of alcaldes under the Spanish system, which influenced Texas law and government.
Constitutional county courts in Texas are misdemeanor courts, with original jurisdiction over all criminal cases involving Class A and Class B misdemeanors. They also have concurrent jurisdiction with justice courts in civil cases where the value exceeds $200 but does not exceed $20,000. In most of Texas, these courts have original jurisdiction over probate matters, except in a few counties where the Legislature has created probate courts. Additionally, these courts have appellate jurisdiction in cases appealed from justice courts and municipal courts, except where county courts at law have been established.
To aid the single county court in its judicial functions, the Legislature has created statutory county courts at law in more populous counties. These courts were established by individual statutes and vary in scope. The jurisdiction of these courts may be concurrent with that of the county and district courts in the county, with civil jurisdiction usually greater than that of justice of the peace courts but less than that of district courts.
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County courts have concurrent jurisdiction with district courts
Texas has a county court in each of its 254 counties, presided over by a single county judge. In some counties, the county judge may devote their full attention to the administration of the county government, delegating their judicial functions to county courts at law.
The Texas Constitution grants original jurisdiction to constitutional county courts over all criminal cases involving Class A and Class B misdemeanors. These are the more serious minor offences. In civil matters, constitutional county courts have concurrent jurisdiction with justice courts in civil cases where the matter in controversy exceeds $200 in value but does not exceed $20,000.
County courts at law are established in counties with larger populations to aid the single county court in its judicial functions. The jurisdiction of these statutorily-created county courts at law may be concurrent with the jurisdiction of the county and district courts in the county. For example, in Bastrop and Jefferson County, the County Court has jurisdiction concurrent with the County Court at Law over all causes and proceedings, civil and criminal, juvenile and probate, original and appellate, over which the constitution and general laws of Texas grant county courts jurisdiction.
Constitutional county courts also have appellate jurisdiction in cases appealed from justice courts and municipal courts, except in counties where county courts at law have been established. Additionally, a county court may issue a writ of habeas corpus in any case in which the constitution has not conferred the power on the district courts.
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County judges may appoint counsel for indigent defendants
Texas County Courts are trial courts with concurrent jurisdiction over many cases with district courts. Each of Texas's 254 counties has a single constitutionally granted county court, presided over by a single county judge. The Texas Constitution provides for a county court in each county, though not all of them exercise judicial functions. In some counties, the county judge may devote their full attention to the administration of the county government.
Each County Court maintains a court-appointed attorney list from which attorneys shall be appointed to represent indigent defendants. The Court will generally attempt to appoint attorneys from the court-appointed attorney list on a rotational basis, subject to the Court's discretion to make exceptions due to the availability of an attorney. If the Court varies from the rotation basis, it may appoint any qualified attorney, whether or not they are on the court-appointed attorney list. If an attorney is appointed outside the rotational basis, their name shall be placed at the end of the rotation. Judges will monitor attorney performance to ensure the competency of attorneys on the list. An attorney may be removed from the appointment list by a majority vote of the District Court and County Court judges. If an attorney is under consideration for removal, they will be given the opportunity to respond before a final decision is made.
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Frequently asked questions
A constitutional county court in Texas is a trial court with a county judge or the county's chief executive presiding over it.
A constitutional county court in Texas has original jurisdiction over all criminal cases involving Class A and Class B misdemeanors. They also have appellate jurisdiction in cases appealed from justice courts and municipal courts, except in counties where county courts at law have been established.
County judges who exercise judicial functions are entitled to a salary supplement from the state equivalent to 18% of the base salary of a district judge, in addition to the salary paid by the county government.
The name "constitutional county court" refers to the establishment of these courts by the state constitution, whereas statutory county courts, also called county courts at law, are created by statute. Constitutional county courts are presided over by judges with executive powers, while statutory county courts are presided over by judges without executive powers.
The County Court of Bastrop County is an example of a constitutional county court in Texas. If the county judge is licensed to practice law in Texas, this court has jurisdiction concurrent with the County Court at Law of Bastrop County over all causes and proceedings, civil and criminal, juvenile and probate.
