The office of Justice of the Peace

Transcription

1 Slide 1 The office of Justice of the Peace Phase II: Slide 2 Objectives Texas Court System Legal Authority Assuming Office Continuing Education Requirements Basic Responsibilities of the Office Objectives: Upon completion of this lesson, you should be able to:

2 Slide 3 Texas Court System Texas Appellate Courts Supreme Court (Civil Appeals) Court of Criminal Appeals (Criminal Appeals) Court of Appeals (14 Intermediate Courts) Texas Appellate Courts The Courts of Appeals have intermediate appellate jurisdiction in both civil and criminal cases appealed from district or county courts. Each Court of Appeals has jurisdiction in a specific geographical region of the State. Each Court is presided over by a chief justice and has at least two other justices. The specific number of justices on each Court is set by statute and ranges from three to thirteen. Slide 4 Texas Court System District Courts (425) County Courts (485) Constitutional County Courts Statutory County Courts Probate Courts Justice of the Peace Courts (828) District Courts District Courts are the State Trial Courts of General and Special Jurisdiction and are the lowest level courts Trial Courts of General Civil and Criminal Jurisdiction (Some Courts Specialize by Subject Matter)

3 County Courts County Courts are the County Trial Courts of Limited Jurisdiction and are the lowest level courts Constitutional County Courts--Limited Civil and Criminal Jurisdiction (1 in each County) County Courts at Law--Limited Civil and/or Criminal Jurisdiction Statutory Probate Courts--Limited to Probate Matters Justice of the Peace Courts JP Courts are the Local Trial Courts of Limited Jurisdiction and are the level courts (Small Claims Courts) Limited Civil and Criminal Jurisdiction Slide 5 Legal Authority Texas Constitution, Article 5, 1 & 18 Provides for the creation of the Justice of the Peace Courts, or Justice Courts, and bestows upon them the judicial powers of this State. Legal Authority Article 5, Sections 1 and 18 of the Texas Constitution, provide for the creation of Justice Courts and bestow the judicial powers of the State of Texas upon those Courts. The Texas Constitution governs the authority and the jurisdiction of the court, as well as the qualifications of a Justice of the Peace, but allows the to construct new laws to create, repeal and amend requirements of the office, as well as the duties performed by a Justice of the Peace. Article 5, Section 18 provides that each county be divided into. In each of these precincts there will be an elected justice of the peace. Each county within the State with a population of less than 18,000 shall be designated as a single precinct, or if the Commissioner s Court makes the decision that additional precincts are needed, the county shall be divided into no more than 4 precincts. A county with a population of 18,000 or more but less than 50,000, shall be divided into not less than 2 but no more than 8 precincts. A county with a population of 50,000 or more shall be divided into not less than 4 but no more than 8 precincts. The number of precincts in a county will be determined by the most recent federal census.

4 Slide 6 Assuming Office Elected to Office By qualified voters in the appropriate precinct 4 year terms Appointed to Office By Commissioner s Court Elected to Office A justice of the peace is elected by qualified voters of each precinct within a county for a term of years. The primary function of this elected official is to serve as judge over the justice of the peace court, or justice court, it is not required that a justice of the peace be an attorney licensed to practice in the state. Appointed to Office If there is vacancy of a bench, the county s Commissioner Court may fill the vacancy by appointing a qualified individual to serve until the next general. Slide 7 Assuming Office Qualifications: Citizen of the United States 18 years of age on the first day of the term to be filled; Mentally competent Cannot be a convicted felon; and Resident of Texas for previous 12 months Reside in the precinct for 6 months

5 Slide 8 Assuming Office Bond Must give bond in an amount of not more than $5,000 Bond Upon assuming office, the justice of the peace must give a bond payable to the county judge in an amount of not more than $. Slide 9 Assuming Office Oath of Office All elected and appointed officers, before they enter upon the duties of their offices, shall take the following Oath or Affirmation: "I,, do solemnly swear (or affirm), that I will faithfully execute the duties of the office of of the State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God. Oath of Office Each newly elected justice of the peace must take the Oath of Office as provided in the Texas Constitution, Article 16, Section 1(a) before they begin the duties of their office.

6 Slide 10 Assuming Office Officeholder s Statement All elected or appointed officers, before taking the Oath or Affirmation of office prescribed by this section and entering upon the duties of office, shall subscribe to the following statement: "I,, do solemnly swear (or affirm) that I have not directly or indirectly paid, offered, promised to pay, contributed, or promised to contribute any money or thing of value, or promised any public office or employment for the giving or withholding of a vote at the election at which I was elected or as a reward to secure my appointment or confirmation, whichever the case may be, so help me God. TX Const., Art. 16, 1(b); V.A.G.C Officeholder s Statement All elected or appointed officers, before taking the Oath or Affirmation of Office, shall swear to, or affirm, and sign an Officeholder s Statement. Slide 11 Continuing Education 80 hour course required within the first 12 months of taking office V.A.G.C (a)(1) 20 hour course required every year thereafter V.A.G.C (a)(2) Continuing Education A newly elected or appointed justice of the peace must complete an -hour course in the performance of the duties of justice of the peace at an accredited state-supported school of higher education, within the first 12 months of taking office. Every year following thereafter, a 20-hour course must be completed. Failure to do so may result in removal from office for "incompetency."

7 Slide 12 Administrative Responsibilities Recordkeeping Local Registrar V.A.H.S.C Court Records V.A.G.C ; V.A.C.C.P Public Information Rules of Judicial Administration, Rule 12 Record Retention V.A.C.C.P Accounting/Budget Obligations V.A.C.C.P. Chap. 103; V.A.G.C & Accounts Receivable V.A.G.C , ; V.A.G.C , Supervision of Office and Court Personnel Recordkeeping A justice of the peace is the local of births and deaths for their individual precincts, unless there is an agreement in writing between the justice of the peace in the precinct and the county clerk, and the agreement is ratified by the commissioner s court, then the duties of local registrar for that individual precinct may be transferred to the county clerk. Accounting/Budget Obligations It is the responsibility of the justice of the peace to arrange and safely keep all dockets, books, and transmitted to the justice by the justice's predecessors in office. The justice must also safely keep all papers filed in a case in justice court, subject to inspection of any interested party at reasonable times. Any person in possession of dockets, books, or papers belonging to the office of any justice of the peace must deliver them to the justice of the peace on demand. Accounts Receivable All fees, fines, costs, judgments, bonds, forfeitures and all other collected by a justice of the peace shall be paid immediately to the county s treasurer. Supervision of Office and Court Personnel All courts in Texas are subject to the Rules of Judicial Administration, Rule. The Government Code, Section (I)(b), or the Public Information Act, does not apply to courts. The Judge is responsible for all activity in their office as well as their courtrooms. Most justices of the peace require that their court clerk and court personnel receive adequate continuing education each year

8 Slide 13 Criminal Jurisdiction and Venue Jurisdiction The power of a court to hear and decide a case. V.A.C.C.P & 4.11; TX Const., Art. 5, 19 Venue The geographical location where a case may be tried. V.A.C.C.P Jurisdiction The Texas Constitution states in Article 5, Section 19 that the justice of the peace courts shall have original jurisdiction in criminal matters of misdemeanor cases punishable by only. (also referred to as non-jailable offenses.) These are Class C Misdemeanors. A Class C misdemeanor is punishable by a fine not to exceed $500 with exceptions. Venue The venue of a criminal case filed in a justice of the peace court is usually in the where the offense occurred. Slide 14 Criminal Responsibilities Magistrate s Duties Magistration Hearings Bond Forfeitures Emergency Apprehension and Detention MHMR & Chemically Dependant Persons Protective Custody Orders Emergency Protective Orders Peace Bonds Disposition of Cruelly Treated Animals Examining Trials Magistrate s Duties A Magistration hearing is the most common term used when referring to an appearance following arrest during which the accused is warned of their rights. Magistration is not an arraignment. Justices and Judges of the Supreme Court, Court of Criminal Appeals, Courts of Appeals, District Court, County Judges, County Court at Law, County Criminal Courts, Statutory Probate Courts, Justices of the Peace, Mayors, and Municipal Court Judges are Magistrates. A Magistrate is to remain neutral and unbiased to ensure fair and impartial justice.

9 The Magistration hearing became mandatory in 1966 as a result of Miranda vs. Arizona, 384 U.S. 436, by the United States Supreme Court, which is where the term Miranda Rights originated. A magistrate also handles bond forfeitures, emergency apprehension and detention hearings for MHMR and chemically dependent persons, issues emergency protective orders in cases of family violence if necessary, if potential crime or violence is expected, determines the disposition of cruelly treated animal seized by law enforcement, and conducts examining trials. Slide 15 Types of Criminal Cases Transportation Code Penal Code Alcohol Beverage Code Education Code Health and Safety Code All other Class C Misdemeanors Criminal Cases There are many types of Class misdemeanors that can be found in various Codes for the State of Texas. Transportation Code The Transportation Code contains traffic, parking, pedestrian offenses, also known as the Rules of the, as well as the statutes that regulate offenses, and vehicle registration, inspection, and insurance violations. Penal Code The Penal Code contains Class C misdemeanors such as Disorderly Conduct, Theft, Issuance of Bad Check, Theft by Check, among others. Alcohol Beverage Code The Alcoholic Beverage Code contains offenses such as minor in possession, driving under the influence and minor in consumption of alcohol.

10 Education Code The Education Code addresses offenses such as Failure to Attend School and Thwarting Compulsory Attendance and others. Health and Safety Code The Health and Safety Code contains offenses. Slide 16 Complaints and Docketing Accepting Complaints V.A.C.C.P Docketing the Case V.A.C.C.P Issue Warrant or Summons V.A.C.C.P Accepting Complaints A complaint is a sworn affidavit charging a defendant with the commission of a. A complaint serves as the sole charging instrument in a justice court. The copy of the citation given to the defendant during a traffic stop is a complaint to which the defendant may plead. Docketing Case Each justice of the peace court is required to maintain a docket and enter all proceedings in each trial held before the court. Issue Warrant or Summons A warrant of arrest is a order from a magistrate, directed to a peace officer, commanding the officer to take the body of the person accused, to be dealt with according to law.

11 Slide 17 Criminal Trials Same Rules of Evidence as District Courts Same Standard of Proof as District Courts beyond a reasonable doubt Jury V.A.C.C.P Bench V.A.C.C.P Failure to Appear V.A.C.C.P Criminal Trials A defendant charged with an offense of criminal nature has a right to a trial by jury. A jury in justice court consists of qualified jurors. Although the defendant has a right to a jury trial, they may waive that right and choose to have their case heard by the court. This type of trial is commonly referred to as a Bench trial. Once the judgment and sentence has been rendered against the defendant, the defendant then has several remedies for seeking relief from that judgment. A new trial may be requested and if granted is maintained and re-tried in the justice court. A request for a new trial must be made within one day after the judgment has been rendered. The decision to grant a new trial is at the discretion of the Judge. The defendant may instead wish to appeal the case. If the appeal is perfected, then the case is transferred. The county court has appellate jurisdiction in criminal cases where the justice court has original jurisdiction. V.A.C.C.P The case appealed would then be tried de novo, or, as if the prosecution had been initiated in the county court originally and the justice court s judgment would be vacated. V.A.C.C.P Slide 18 Warrants Determining Probable Cause Search Warrant for Persons or Property V.A.C.C.P Arrest Warrants V.A.C.C.P Capias V.A.C.C.P Capias Pro Fine V.A.C.C.P

12 Determining Probable Cause Probable cause is where known facts and circumstances, of a reasonably trustworthy nature, are sufficient to a man of reasonable caution or prudence in the belief that a crime has been or is being committed. It is a level of certainty more than mere suspicion, but less than preponderance. It is not a more-likely-than-not standard. Search Warrant A search warrant for persons or property is a written order made by a magistrate authorizing a peace officer to search a place for an item or person and bring them before the court and shall not be issued unless cause is established to the magistrate s satisfaction. This type of warrant is usually utilized to recover contraband or stolen property. Arrest Warrants An arrest warrant is a written order from a magistrate directed to a peace officer commanding the officer to take the body of the person accused of an offense to be dealt with according to law. V.A.C.C.P An arrest warrant is the legal authority by virtue of which the person accused of an offense is taken into custody and held. V.A.C.C.P Capias A capias warrant is a issued by the court directed to a peace officer commanding the officer to arrest a person accused of an offense and bring the person before the court immediately or on a day or term stated in the writ. V.A.C.C.P A capias is similar to an arrest warrant or summons. V.A.C.C.P Capias Pro Fine A justice of the peace is liable for an uncollected judgment in a criminal case. An issuance of a capias pro fine is a part of the due diligence required of justices of the peace in collecting judgments. It is used when the defendant is not in at the time when the judgment is rendered or if the defendant fails to satisfy the judgment according to its terms.

13 Slide 19 Alternative Sentencing Community Service V.A.C.C.P Deferred Disposition V.A.C.C.P DSC V.A.C.C.P (b) Teen Court V.A.C.C.P Court Ordered Treatment for Chemically Dependent Persons V.A.C.C.P Commitment V.A.C.C.P & Community Service The court may require a defendant who, fails to pay a previously assessed fine or cost, or is determined by the court to be unable to pay the fine or costs, to perform community service to all or part of the fine or costs due. The court must specify the number of hours to be worked and the organization for which the defendant is required to work. V.A.C.C.P (a)(b)(c) The organization designated by the court must be a governmental entity or a non-profit organization that provides services to the general public that promote social welfare and the general well-being of the community. V.A.C.C.P (e) Deferred Disposition On a plea of guilty or by a defendant or on a finding of guilt in a misdemeanor case punishable by fine only and payment of all court costs, the judge may, at the judge's discretion, defer further proceedings without entering an adjudication of guilt and place the defendant on probation for a period not to exceed 180 days. On determining that the defendant has complied with the requirements imposed by the judge under this article, the judge shall dismiss the complaint, and it shall be clearly noted in the docket that the complaint is dismissed and that there is not a final conviction. If by the conclusion of the deferral period the defendant does not present satisfactory evidence that the defendant complied with the requirements imposed, the judge may impose the original fine assessed or impose a lesser fine. The imposition of the fine or lesser fine constitutes a final conviction of the defendant. V.A.C.C.P Driver Safety Course If a defendant, timely, requests to take a driving safety course and is found to be eligible, the judge shall require the defendant to successfully complete a driving safety course approved by the Texas Education Agency. If the defendant to complete the course, the judge shall enter an adjudication of guilt and impose sentence. V.A.C.C.P

14 Teen Court At the defendant s request, or at the judge s discretion, the judge may defer proceedings against the defendant and require the defendant to participate in a teen court program. If the defendant successfully completes the teen court program, then the judge may dismiss the original charge. If the defendant does not successfully complete the teen court program, the judge shall enter an adjudication of guilt and impose sentence. V.A.C.C.P Court Ordered Treatment On a plea of or no contest, the judge may defer proceeding without entering an adjudication of guilt, if the judge finds that the offense occurred as a result of the defendant s chemical dependency, and order the defendant to receive treatment for said chemical dependency. If the defendant successfully completes the required treatment program, then the judge may dismiss the original charge. If the defendant does not successfully complete the ordered treatment, then the judge shall enter an adjudication of guilt and impose sentence. V.A.C.C.P Commitment A judge may order a defendant to be committed to to discharge monies owed to the court if the judge determines that the defendant is not indigent and intentionally failed to make a good faith effort to discharge the judgment against him. The defendant is credited not less than $50 for each period of time served. The period of time is specified by the judge and may not be less than 8 hours or more than 24 hours. V.A.C.C.P & Slide 20 Juvenile Issues Juveniles/Minors Alcohol Offenses V.A.A.B.C Tobacco Offenses V.A.H.S.C Delinquent Conduct V.A.C.C.P (1) Juvenile Magistration V.A.F.C Failure to Attend School V.A.Ed.C Juveniles Now Adults V.A.C.C.P Juvenile Detention Hearings V.A.F.C (f) Juvenile Issues If a juvenile fails to follow the courts orders, the court may refer the child to the juvenile court for Delinquent Conduct for contempt of the justice courts order or the court may retain jurisdiction of the case and hold the child in contempt. If the judge of the juvenile court or any alternative juvenile judge is not in the county or is otherwise unavailable, any magistrate may conduct a detention hearing. V.A.F.C (f)

15 Slide 21 Juvenile Expunctions Failure to Attend School V.A.C.C.P (a) Alcohol Offenses T.A.B.C Tobacco Offenses V.A.H.S.C All other Expunctions (Class C Misdemeanors) V.A.C.C.P Juvenile Expunctions In certain instances, the record of a person s trial may be from the record. Upon application for expunction the court shall order the complaint, verdict, sentence, and all other documents relating to the offense to be expunged from the defendant s record. The conviction may not be shown or made known for any purpose thereafter. Slide 22 Administrative Responsibilities Administrative Hearings Unsafe Driver V.A.T.C & Uninsured Motorist V.A.T.C Concealed Handgun License V.A.G.C (b) Dangerous Wild Animals V.A.H.S.C Tow Hearings V.A.T.C Administrative Hearings Justice Courts have jurisdiction to preside over several types of Administrative Hearings. These hearings are not a function of the Court, but are quasi-judicial in nature. There is no designated Code provided for Administrative Hearings, therefore, they are governed by Statutes in various Texas Codes. Justice courts conduct the initial hearing on driver s license suspensions and revocations initiated by the Texas Department of Public Safety in unsafe driver, commercial motorists, and uninsured motorist cases. Hearings on concealed handguns license appeals, dangerous wild animal certifications and tow hearings are also within the jurisdictional realm of Justice courts.

16 Slide 23 Inquests Inquests V.A.C.C.P & An investigation into the cause and circumstances of the death of a person, and a determination, made with or without a formal court hearing, as to whether the death was caused by an unlawful act or omission. Fire Inquests V.A.C.C.P Inquests A justice of the peace has jurisdictional powers to act as the for a county that does not have a medical examiner's office or that is not part of a medical examiner's district. The powers granted and duties imposed on a justice of the peace are independent of the powers and duties of a law enforcement agency investigating a death. A justice of the peace shall conduct an inquest into the death of a person who dies in the county served by the justice if: (1) the person dies in prison under circumstances other than those described by Section (b), Government Code, or in jail; (2) the person dies an unnatural death from a cause other than a legal execution; (3) the body or a body part of a person is found, the cause or circumstances of death are unknown, and: (A) the person is identified; or (B) the person is unidentified; (4) the circumstances of the death indicate that the death may have been caused by unlawful means; (5) the person commits suicide or the circumstances of the death indicate that the death may have been caused by suicide; (6) the person dies without having been attended by a physician; (7) the person dies while attended by a physician who is unable to certify the cause of death and who requests the justice of the peace to conduct an inquest; or (8) the person is a child younger than six years of age and an inquest is required by Chapter 264, Family Code.

17 Slide 24 Disposition of Stolen Property Inventory of Property Hearing Disposition Awarded to. Abandoned Motor Vehicles Inventory of Property When property is pursuant to a search warrant, the officer seizing the property shall bring it to the magistrate. V.A.C.C.P An inventory of the property is filed with the magistrate and a notice of hearing is given to all interested parties. During the hearing, the greater right to possession of the property is determined by the magistrate and an order awarding possession of the property is entered. Slide 25 Civil Jurisdiction and Venue Jurisdiction Small Claims $10,000 exclusive of costs Justice Court $10,000 exclusive of interest Venue Usually in the County and Precinct where the Defendant Resides, with Limited Exceptions. Jurisdiction A justice court has jurisdiction over civil matters, where the amount in controversy does not exceed $, exclusive of interest. The justice of the peace also sits as judge of small claims court in actions for the recovery of money which does not exceed $5000 exclusive of costs. Justice Courts - $10,000 exclusive of interest V.A.G.C (1) Small Claims - $10,000 exclusive of costs V.A.G.C Venue These cases are usually brought in the and the precinct where the defendant lives with limited exceptions.

18 Slide 26 Civil Trials Same Rules of Evidence as District Courts Same Standard of Proof as District Courts by a preponderance of the evidence Jury Bench Civil Trials The Rules of Evidence govern all civil and proceedings before all Texas courts except small claims. A justice of the Peace must follow the rules of the Civil Practice and Remedies statutes, the Rules of Evidence, and case law. Civil cases can be based on contracts or torts. A cause of action based on contract is for the breach of duty arising out of contractual duty, either expressed or implied. When a contract is breached, an individual may initiate a cause of action against the party they feel has breached the contract for damages done due to that breach. A cause of action based on tort is for breach of duty imposed by civil law. (i.e. car wreck) Slide 27 Pre- and Post-Judgment Remedies Writs of Attachment Writs of Garnishment Writs of Sequestration Writ of Execution Writ of Possession Turnover Order Scire Facias Pre- and Post-Judgment Remedies There are several types of pre and post judgment remedies that a justice court maintains jurisdiction over in civil suits. Each type of remedy is in procedure and application but they are all attempts to attain the same outcome- satisfaction of the judgment. An attachment is defined by the Code of Criminal Procedure as, generally, a writ issued in a criminal action or proceeding, commanding a peace officer to take the body of a witness and bring him before the court to testify on behalf of the state or of the defendant. The code authorizes the issuance of an attachment for a witness who resides in or outside of the county of

19 the prosecution, who has been duly served with a subpoena to appear and testify in any criminal action or proceeding and fails to so appear, and for a witness residing in the county, whether he has disobeyed a subpoena or not, on the filing of an affidavit by the defendant or state s counsel that he has good reason to believe and does believe that the witness is a material witness and is about to move out of the county. Provision is also made for attachment to secure the attendance of witnesses before the grand jury, at examining trials, and for the production of convict witnesses. 24 Texas Jur 3d, Criminal Law Slide 28 Deed Restrictions/Restrictive Covenants Jurisdiction Civil in nature, with no dollar amount restrictions V.A.G.C (d)(e) Concurrent with District Courts V.A.G.C (a) Venue In the county and precinct where the defendant resides, and where the property is located. V.A.C.P.R.C & Judge may require Alternate Dispute Resolution V.A.G.C (c) Deed Restriction A deed restriction places limits on the uses and conveyance of. The National Oil and Hazardous Substances Pollution Contingency Plan (NCP) and some state voluntary cleanup programs (VCPs) use the term deed restriction generally to include traditional proprietary controls, such as restrictive covenants and easements. Although deed restrictions operate like traditional property law devices, the term deed restriction has no clear meaning in traditional property law. Restrictive Covenant A restrictive covenant is a traditional provision in a deed the use of property and prohibiting certain uses. For example, a landowner may promise or covenant not to develop residential housing on their property and to use it only for industrial purposes. Restrictive covenants are a form of private controls.

20 Slide 29 Landlord-Tenant Issues Evictions/Forcible Entry and Detainer Residential Manufactured Homes Commercial Agricultural Distress Warrants Writ of Re-Entry Contract for Deed Landlord-Tenant Issues The Texas Landlord Tenant Law standardizes the landlord-tenant relationship. A landlord is the owner of a house or apartment, and the tenant is the person renting the house or apartment. The law requires both parties to a rental or lease agreement. This contract sets down the terms and conditions that both the landlord and the tenant must follow. Texas law defines responsibilities for both the landlord and the tenant. These are as follows: The Landlord's responsibilities: Keep the property well-maintained and make repairs of conditions that may harm the health of the tenant Make the premises and property secure Inform the tenant of any changes in the property ownership Provide basic utilities like water, power and heat Maintain cleanliness in common areas Provide working smoke detectors within the property Make certain that the tenant is not engaging in any criminal activity Not discriminate against a tenant or refuse to rent the property on the basis of race, sex, gender or religion The Tenant's responsibilities: a. Pay the rent in a timely fashion b. Follow all city, county and state laws c. Keep the property clean d. Use the appliances properly, without causing undue damage e. Not disturb the other tenants f. Honor the lease agreement g. Not engage in any criminal or anti-social activities h. Leave the property in the same condition (except for normal wear and tear) as when he or she moved in

21 Slide 30 Miscellaneous Powers and Duties Ex Officio Notaries Public TX Const Art 5, 19; V.A.G.C Weddings V.A.F.C (a)(4) & Contempt Direct V.A.G.C (b) Constructive V.A.G.C (e) Ex Officio Notaries Public As an Ex Officio Notary Public, a justice of the peace is required to follow the same statutes that govern conventional notaries public. An Ex Officio Notary Public, meaning by virtue of the office, is required to take the oath or post the bond required of conventional notaries public. Weddings Justices of the peace are permitted by Texas law to perform marriage ceremonies. Marriages are performable when the marriage is purchased within Texas and the actual ceremony itself is performed in the State of Texas. Marriage ceremonies may be performed outside of the Justice s precinct or county but must be within state boundaries. Fee, commissions or payments received for performing wedding ceremonies may be kept by the Justice of the Peace. Contempt The court may wield its powers of contempt when someone shows contempt for court orders, judgments, or proceedings. Direct Contempt is committed in the presence of the court. Constructive contempt is committed outside of the presence of the court. Both direct contempt and constructive contempt can be classified as civil or criminal in nature. Civil contempt is an attempt to coerce the contemnor into performing to the direction of the court and is punishable by confinement in the county jail until the contemnor obeys the order. Criminal contempt is punishment of an individual for an act or omission of an act and may be punishable by a fine of no more than $ or by confinement in the county jail for not more than 3 days, or both.

22 Slide 31 Miscellaneous Information Areas of No Jurisdiction Class A or B Misdemeanors Felonies Divorce, custody, adoption, etc. Probate Not a Court of Record unless the Judge is a licensed attorney in the State of Texas; and the Commissioner s Court designates the Court as a Court of Record. Areas of No Jurisdiction The justice court does not have jurisdiction of a suit in behalf of the state to recover a penalty, forfeiture, a suit for divorce, a suit to recover damages for slander or defamation of character, a suit for trial of title to land, or a suit for the enforcement of a lien on land. Not a Court of Record The justice of the peace court is not a court of. Simply stated, transcripts of proceedings held in a justice of the peace court are not made. Therefore, no trial transcript is available for review by a higher court. An appeal from a justice of the peace court must take the form of a new trial or trial de novo in the county court. Slide 32 Miscellaneous Information Disqualification V.A.C.C.P Exchanging Benches V.A.G.C Injury, Illness or Disability V.A.G.C (b) Court Calendar V.A.C.C.P Vacancy or Absence from Office V.A.G.C Clerk of the Court V.A.G.C Exchanging Benches Justice of the Peace within the same county may benches and hold court for one another when they deem it expedient.

23 Vacancy or Absence from Office The justice in a county may temporarily perform the duties of office of a justice of the peace in a situation in which the office is vacant in a precinct, or the justice is absent, unable or unwilling to perform the duties. Slide 33 Review Outline current legal authority Examine procedure for assuming office Explain basic responsibilities Summary Section 19 of Article 5 of the Texas Constitution provides that: justice of the peace courts have original jurisdiction in criminal matters of misdemeanor cases punishable by fine only and such other jurisdiction as may be provided by law. Original jurisdiction is the authority to accept a case at its inception, try it and pass judgment based upon the laws and facts. This is distinguished from appellate jurisdiction which is jurisdiction to review another court's action. The justice of the peace performs the functions of a magistrate and conducts inquests. A justice of the peace may issue warrants for search and arrest, conduct preliminary hearings, administers oaths, perform marriages and serve as a coroner in counties where there is no provision for a medical examiner. The justice court also functions as a small claims court in civil matters in which exclusive jurisdiction is not in district or county court and the amount in controversy does not exceed $5,000. They can also deal with matters concerning foreclosure of mortgages and enforcement of liens on personal property. Article 5, Sections 1 and 18 of the Texas Constitution, provide for the creation of Justice Courts and the bestow the judicial powers of the State of Texas upon those Courts. The Texas Constitution governs the authority and the jurisdiction of the court, as well as the qualifications of a Justice of the Peace, but allows the Legislature to construct new laws to create, repeal and amend requirements of the office, as well as the duties performed by a Justice of the Peace. Article 5, Section 18 provides that each county be divided into precincts. In each of these precincts there will be an elected justice of the peace. Each county within the State with a population of less than 18,000 shall be designated as a single precinct, or if the Commissioner s Court makes the decision that additional precincts are needed, the county shall be divided into no more than 4 precincts. A county with a population of 18,000 or more but less than 50,000, shall be divided into not less than 2 but no more than 8 precincts. A county with a population of

24 50,000 or more shall be divided into not less than 4 but no more than 8 precincts. The number of precincts in a county will be determined by the most recent federal census. A justice of the peace is elected by qualified voters of each precinct within a county for a term of four years. The primary function of this elected official is to serve as judge over the justice of the peace court, or justice court. It is not required that a justice of the peace be an attorney licensed to practice in the state. If there is vacancy of a bench, the county s Commissioner Court may fill the vacancy by appointing a qualified individual to serve until the next general election. Slide 34 Resources Vernon s Annotated Code of Criminal Procedure Vernon s Annotated Government Code Vernon s Annotated Family Code Vernon s Annotated Local Government Code Vernon s Annotated Election Code Vernon s Annotated Health and Safety Code Vernon s Annotated Transportation Code Vernon s Annotated Alcoholic Beverage Code Vernon s Annotated Civil Practice and Remedies Vernon s Annotated Rules of Evidence Resources to Encourage Retention: Provide participants with an outside assignment, additional reading materials, Web sites and contact information for subject experts Texas Constitution Vernon s Annotated Code of Criminal Procedure Vernon s Annotated Government Code Vernon s Annotated Family Code Vernon s Annotated Local Government Code Vernon s Annotated Election Code Vernon s Annotated Health and Safety Code Vernon s Annotated Transportation Code Vernon s Annotated Alcoholic Beverage Code Vernon s Annotated Civil Practice and Remedies Vernon s Annotated Rules of Evidence