Omar Bennett
Texas is divided into 254 counties, and each of these counties has a single constitutional county court, as provided by the Texas Constitution. These courts are presided over by a county judge, who is often the most visible official in the county government and is sometimes referred to as the chief justice. The role of the county judge is to oversee the county's policy-making body, with broad judicial and administrative powers. The jurisdiction of these courts includes original jurisdiction over criminal cases involving Class A and Class B misdemeanors, as well as appellate jurisdiction in cases appealed from justice of the peace and municipal courts. In larger counties with a higher population, additional county courts at law have been established to aid the single county court in its judicial functions.
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What You'll Learn
- The Texas Constitution provides for one county court in each of its 254 counties
- County judges are elected and preside over the courts
- These courts handle criminal cases, civil cases, and probate matters
- Statutory county courts at law aid the single county court in more populous counties
- County judges have broad judicial and administrative powers
The Texas Constitution provides for one county court in each of its 254 counties
The county judge is the most visible official in county government and is often considered the county's chief executive officer. They have broad judicial and administrative powers, including serving as the presiding officer of the county's policy-making body, the commissioners' court. This role is similar to the hybrid executive-judicial role of alcaldes under the Spanish system, which influenced Texas law and 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 courts also have concurrent jurisdiction with justice of the peace and district courts in civil cases involving small amounts in controversy. In some counties, county courts at law have been established to aid the single county court in its judicial functions, particularly in more populous counties.
Probate courts are rare, with only about a dozen existing in Texas' most populous counties. Therefore, probate matters are often heard in constitutional county courts, alongside county courts at law and district courts.
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County judges are elected and preside over the courts
The Texas Constitution provides for a county court in each of the state's 254 counties, with each court presided over by a single county judge. The county judge is the most visible and powerful official in county government, often regarded as the county's chief executive officer. They are elected by the people of the county and hold office for a term of four years.
County judges are not required to have a formal legal education or a license to practice law, though they must be well-informed in the law. After their election, they are mandated to complete thirty hours of judicial education in their first year and sixteen hours annually thereafter to remain current with new laws and procedures. The broad range of responsibilities of the county judge makes this office very important and high-profile. They have broad judicial and administrative powers, including serving as the presiding officer of the county's policy-making body, the commissioners court.
The commissioners court, which includes the county judge, adopts the county budget, sets tax rates, oversees infrastructure, and manages various other functions and agencies. The county judge also has emergency management authority over the entire county and may designate an assistant for emergency management issues. They may represent the county at ceremonial occasions and on various boards and committees, serving as a member or officer of another entity, with some exceptions.
County judges undertake judicial activities in criminal, civil, probate, juvenile, and mental competency matters. They have original jurisdiction over Class A and Class B misdemeanors, which are more serious minor offenses, and concurrent jurisdiction with justice of the peace and district courts in civil cases involving small amounts. These courts usually have appellate jurisdiction in cases appealed from justice of the peace and municipal courts, except where county courts at law have been established.
In larger counties with a high caseload, county courts-at-law have been created, with qualified lawyers presiding to handle the workload. While the jurisdiction of these courts usually overlaps with that of the county and district courts, they provide essential support in judicial functions.
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These courts handle criminal cases, civil cases, and probate matters
The Texas Constitution provides for a county court in each of the 254 counties of the state. Each of these constitutional county courts is presided over by a single county judge. While all 254 counties have a constitutional county court, 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.
These constitutional county courts handle criminal cases, civil cases, and probate matters. They have original jurisdiction over all criminal cases involving Class A and Class B misdemeanors, which are the more serious minor offences. These courts also have concurrent jurisdiction with justice of the peace and district courts in civil cases where the amount in controversy is small. Jurisdiction is said to be concurrent when two levels of courts have the authority to try the same type of case.
In the case of probate matters, the constitutional county courts generally hear the probate cases filed in the county. They have original probate jurisdiction, but in some counties, the Legislature has created specialised probate courts to exclusively hear probate matters. These are known as statutory probate courts and are located in 12 of the state's 15 largest metropolitan areas.
In addition to their judicial responsibilities, county judges also have broad administrative powers. They are often considered the chief executive officer of the county and serve as the presiding officer of the county's policy-making body, the commissioners court. While there is no requirement for county judges to have a formal legal education or license to practice law, they are required to attain a certain number of hours of judicial education to remain up to date with new laws and procedures.
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Statutory county courts at law aid the single county court in more populous counties
The Texas Constitution limits each county to a single county court. This is because each county court is presided over by a single county judge, who is the most visible official in county government and holds broad judicial and administrative powers. As the population of a county increases, the county judge may need to devote their full attention to the administration of county government. Therefore, in more populous counties, statutory county courts at law have been created to aid the single county court in its judicial functions.
The jurisdiction of these statutory county courts at law varies and is established by the statute that creates them. They are usually concurrent with the jurisdiction of the county and district courts in the county. For example, in Smith County, the three statutory county courts at law handle criminal misdemeanour Class A and B cases, civil cases, and domestic cases. They also hear cases appealed from justice of the peace and municipal courts.
In some of the state's most populous counties, the Legislature has created specialised probate courts to hear probate matters exclusively. These statutory probate courts are located in 12 of the state's 15 largest metropolitan areas and have original and exclusive jurisdiction over probate matters, guardianship cases, and mental health commitments.
The creation of statutory county courts at law and specialised probate courts allows the single county court in each county to better manage its caseload and efficiently administer justice. By aiding the single county court, these courts ensure that judicial functions are carried out effectively and promptly, even in more populous counties.
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County judges have broad judicial and administrative powers
The role of a county judge in Texas is unique in that it combines judicial, executive, and legislative powers. In most other states, these roles are separate and often handled by different officials.
County judges in Texas are the ceremonial and political heads of the county government. They preside over the county's commissioners court, which is the county's governing body, and are considered the chief executive officer of the county. They are responsible for setting the tax rate, policies, and budget of the county, and they have broad administrative and emergency powers. County judges also have certain judicial functions, presiding over misdemeanour criminal cases, small civil cases, probate matters, and appeals from Justice of the Peace Courts. They have original jurisdiction over all Class A and Class B misdemeanour criminal cases, which are the more serious minor offences that can involve jail time.
The Texas Constitution provides for a county court in each of the 254 counties of the state, with each court presided over by a single county judge. The county judge is required to be well-informed in the law, but they are not required to have a formal legal education or a license to practice law. They are, however, required to attain thirty hours of judicial education during their first year in office and sixteen hours every year thereafter to remain up-to-date on new laws and procedures.
The role of the county judge in Texas combines judicial and executive functions, which has developed in response to local needs. This dual role is not unique to Texas and can be found in other states as well, although the specific responsibilities may vary. In some cases, the county judge may exercise largely or solely executive authority, while in others, they may have a mix of administrative law functions and executive responsibilities.
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Frequently asked questions
The Texas Constitution provides for a county court in each of the 254 counties of the state. Each of these courts is presided over by a single county judge.
A county judge has broad judicial and administrative powers, including serving as the presiding officer of the county's policy-making body, the commissioners court. They are often thought of as the county's chief executive officer.
The constitutional county courts have original jurisdiction over all criminal cases involving Class A and Class B misdemeanors, which are the more serious minor offenses. 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 courts at law are created by statute in larger counties to aid the single county court in its judicial functions. The legal jurisdiction of these courts varies and is established by the specific statute that created them.
