1. County Judge The office of Presented by Jason Brinkley
Cooke County Judge
Phase II: 2.001

2. Objectives History of the Office Constitutional Authority
Current Legal Authority
Administrative
Judicial
COUNTY JUDGE
OBJECTIVES
1) SUMMARIZE THE HISTORY OF THE OFFICE OF COUNTY
JUDGE
2) DESCRIBE THE CONSTITUTIONAL AUTHORITY OF THE
3) OUTLINE THE CURRENT LEGAL AUTHORITY OF THE
4) LIST AND EXPLAIN THE BASIC RESPONSIBILITIES OF THE
5) DEFINE KEY TERMS RELATED TO THE OFFICE OF THE

3. History of the Office
“Chief Justice” Appointed by Congress 1836 – 1841
1841: Office Was Made Elective
Constitutions of 1845 & 1861: 2 Year Terms
Constitution of 1866: Name and 4 Year Term
The county judge, called “Chief Justice” by early constitutions, was appointed by the Congress of the Republic of Texas to serve four year terms from 1836 to 1841, when the office was made elective. The term was shortened to two years in the Constitutions of 1845 and Under the Constitution of 1866 the name was changed to county judge and the term was again prescribed for four years. The office was abolished in the Constitution of 1869 but was re-established, with an elective two-year term, by the Constitution of 1876.

4. History of the Office Constitution of 1869: Abolished Office
Constitution of 1876: Re-Established Office and 2 Year Term
Amendment in 1954: 4 Year Term
In November of 1954, this article of the State Constitution was amended, increasing the term of office of a county judge from two to four years, in an attempt to eliminate some of the excessive political pressures placed on a judge who must seek re-election every two years.
The county judge in Texas serves as the presiding officer of the Commissioners Court, in addition to being the judge of the constitutional county court. These are two separate and distinct positions of authority. The county judge also performs diverse administrative duties by virtue of the office and title relating to such matters as the conducting elections, issuing liquor licenses, and in most counties, the preparation of the county’s budget.

5. History of the Office Not all County Judges have judicial duties
Stems from Article V, Sections of the Texas Constitution
Elected to a 4 year term by qualified voters of the county
Constitutional Authority
Jurisdiction provided by law
Limited authority
Not all County Judges have judicial duties
The legal basis for the office of county judge rests in Article V, Sections 15-18, of the Texas Constitution: "There shall be established in each county in this state a County Court, which shall be a court of record; and there shall be elected in each county, by the qualified voters, a county judge, who shall be well informed in the law of the state; shall be a conservator of the peace; and shall hold office for four years, and until his successor shall be elected and qualified.”
The county judge is elected to a four year term by the qualified voters of the county.
The county court has jurisdiction, that is, power and authority, as provided by law. The county judge is the presiding officer of the County Commissioners Court and has judicial functions as provided by law. County court judges have the power to issue writs necessary to enforce their actions.
The county judge presides over the Commissioners Court when present and has full voting rights as a member of that five-member body. The county judge also serves as judge of the constitutional county court. The county judge’s authority to act in roles independent of the County Commissioners Court is fairly limited and is largely related to receiving petitions and making a few decisions related to elections.

6. Assuming Office Bond Qualifications
No formal study of law nor a license to practice
Main qualification - ability to be elected
Oath of Office and related statements
Fees & Bonds
Other Positions
Bond: The county judge is required to secure an official bond in an amount of $1,000 to $10,000 as determined by the Commissioners Court. This bond insures county money that may come into the hands of the county judge.
Qualifications: The Texas Constitution declares that county judges "shall be well informed in the law of the State." As a matter of practical politics, this means that no formal study of law nor a license to practice law is required as part of the qualifications of a county judge. The main qualification is the ability to be elected. The requirement that the county judge be well informed in the law is virtually meaningless given its generality and construction by the courts.
An early opinion held that the phrase “well informed in the law” did not require the county judge to be a licensed attorney, in view of the fact that other sections of the Constitution specifically require certain judges to be a practicing lawyers for a specific period of time.
Oath of Office: Each county judge prior to taking the official oath of office must execute a written statement under oath stating that no promises were made prior to election. This is commonly called a statement against bribery. The county judge shall not conduct any business, directly or indirectly, with the county in which he or she serves as judge. A formal oath of office is administered to the county judge as requisite for assuming office and verification of the oath is sent to the Secretary of State of Texas.
Official Oath, Texas Constitution, Article 16, Section 1:
Sec. 1. (a) Members of the Legislature, and all other elected 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.”
(b) Each member of the Legislature and all other elected officers, before taking the Oath or Affirmation of office prescribed 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 so help me God.”
Fees & Bonds: Before undertaking the duties of the county judge (or a county commissioner), a person must take the official oath and swear, in writing, that the person will not be interested, directly or indirectly, in a contract with or claim against the county except:
1) a contract or claim expressly authorized by law; or
2) a warrant issued to the judge or commissioner as a fee of office
Other Positions: Texas Constitution Art.16 Sec. 40. HOLDING MORE THAN ONE OFFICE; EXCEPTIONS; RIGHT TO VOTE. (a) No person shall hold or exercise at the same time, more than one civil office of emolument, except that of Justice of the Peace, County Commissioner, Notary Public and Postmaster,
Subject to the provisions of the Local Government Code’s Chapter 171, the county judge or a county commissioner may serve as a member of the governing body or as an officer or director of another entity, except:
1) a publicly traded corporation; or
2) a subsidiary affiliate, or subdivision of a publicly traded
corporation that does business with the county.

7. Basic Responsibilities
1. Administrative Duties 2. Judicial Duties
Duties can be generally split into two categories

8. Administrative Duties
Presides over Commissioners Court; full participant
Serves as Chief Budget Officer in Counties under 225,000
Person to be served
Authority of notary public
The county judge is the presiding officer of the Commissioners Court, which is the policy determining body of the county. The county judge is a voting member of the Commissioners Court, although in many counties, by custom, the judge votes only in the case of ties.
Sec COUNTY JUDGE AS BUDGET OFFICER. The county judge serves as the budget officer for the commissioners court of the county.
Chapter 418: Can declare
No longer hears beer and wine license applications, hearings on admittance to state hospitals for the mentally ill and chemically dependent, juvenile work permits and temporary guardianships for special purposes. The judge is also responsible for calling elections, posting election notices, and for receiving and canvassing the election returns. The county judge has the authority of a notary public in acknowledging legal instruments and documents and may perform marriages.

9. Administrative Duties
Emergency Management responsibilities:
Government Code 418
Can declare local disaster
Can order evacuation
Supersedes Mayors
Sec SUSPENSION OF DEADLINES IMPOSED BY LOCAL LAW. (a) Notwithstanding any other law, a deadline imposed by local law on a political subdivision, including a deadline relating to a budget or ad valorem tax, is suspended if:
(1) the territory of the political subdivision is wholly or partly located in the area of a disaster declared by the president of the United States or the governor; and
(2) the presiding officer of the political subdivision or, if there is no presiding officer, the political subdivision's governing body, proclaims the political subdivision is unable to comply with the requirement because of the disaster.
(b) The presiding officer of the political subdivision or, if there is no presiding officer, the political subdivision's governing body, may issue an order ending the suspension of a deadline under this section. A deadline may not be suspended for more than 30 days after the date the presiding officer or governing body, as appropriate, makes the proclamation described by Subsection (a)(2).
Added by Acts 2009, 81st Leg., R.S., Ch. 990 (H.B. 3851), Sec. 2, eff. June 19, 2009.
Sec DECLARATION OF LOCAL DISASTER. (a) Except as provided by Subsection (e), the presiding officer of the governing body of a political subdivision may declare a local state of disaster.
(b) A declaration of local disaster may not be continued or renewed for a period of more than seven days except with the consent of the governing body of the political subdivision or the joint board as provided by Subsection (e), as applicable.
(c) An order or proclamation declaring, continuing, or terminating a local state of disaster shall be given prompt and general publicity and shall be filed promptly with the city secretary, the county clerk, or the joint board's official records, as applicable.
(d) A declaration of local disaster activates the appropriate recovery and rehabilitation aspects of all applicable local or interjurisdictional emergency management plans and authorizes the furnishing of aid and assistance under the declaration. The appropriate preparedness and response aspects of the plans are activated as provided in the plans and take effect immediately after the local state of disaster is declared.
(e) The chief administrative officer of a joint board has exclusive authority to declare that a local state of disaster exists within the boundaries of an airport operated or controlled by the joint board, regardless of whether the airport is located in or outside the boundaries of a political subdivision.
(f) The county judge or the mayor of a municipality may order the evacuation of all or part of the population from a stricken or threatened area under the jurisdiction and authority of the county judge or mayor if the county judge or mayor considers the action necessary for the preservation of life or other disaster mitigation, response, or recovery.
(g) The county judge or the mayor of a municipality may control ingress to and egress from a disaster area under the jurisdiction and authority of the county judge or mayor and control the movement of persons and the occupancy of premises in that area.
(h) For purposes of Subsections (f) and (g):
(1) the jurisdiction and authority of the county judge includes the incorporated and unincorporated areas of the county; and
(2) to the extent of a conflict between decisions of the county judge and the mayor, the decision of the county judge prevails.
(i) A declaration under this section may include a restriction that exceeds a restriction authorized by Section , Local Government Code. A restriction that exceeds a restriction authorized by Section , Local Government Code, is effective only:
(1) for 60 hours unless extended by the governor; and
(2) if the county judge requests the governor to grant an extension of the restriction.

10. Administrative Duties
The Holding of Elections
The Operation of the County Court
The Preservation and Promotion of Mental Health
The Creation and/or Operation of Special Districts
Various General Administrative Duties
Holding of Elections: The county judge has a variety of responsibilities associated with the holding of elections.
The Local Government Code requires the judge to: issue certificates of election to officers elected in creation and organization of new county; declare office of treasurer vacant if elected person fails to make bond within specified time of 20 days; call election related to creation of new counties; call election if newly created county by judge from which county derived; receive results of election, certify and transmit to speaker of the Texas House of Representatives; declare results of election to relocate county seat.
County judges are required to accept and act on petitions calling for election for the creation of a rural fire prevention district in state representative districts composed of one county, receive election returns and issue certificates of election.
The Election Code requires county judges may not certify ineligible persons as elected; must serve as a member of county election boards; may order special elections; may declare an election void in case of a tie and order another election; receive returns from an election for use in the official canvass of results; canvassing procedures; certify elections after voters canvassed; may verify petition signatures; provide bilingual election materials in English and Spanish; order county election starting date, offices, etc.; require posting of notice of election; have order for election mailed to precinct judges; hold special election for U.S. Congress and for members of legislature; and may contract with political subdivisions or parties to hold elections.
The Water Code requires county judges to carry out election required for weather modification activities; accept petition for election of directors for levee improvement districts; order election for levee improvement district (procedure); call meeting for election of navigation district commissioners.
Operation of County Court: The county judge has certain administrative responsibilities associated with the operation of the county court.
The Local Government Code requires that county judges: hold court at county seat; maintain office at county seat; keep records at county seat; may hold court in auxiliary courthouses.
County judges are required to serve as a member of county Bail Bond Boards in counties over 110,000 population; and may in smaller counties as well
The Government Code requires that county judges may not preside in cases in which the judge has an interest or where the judge is related to either of the parties; participates in selection of jury lists; selects jury panel, requires additional prospective jurors to be notified; may appoint counsel for any county resident making affidavit of inability to employ counsel; employ stenographers or clerks where approved by Commissioners Court; appoint clerk protem, when clerk is party to proceeding; appoint court reporter.
Preservation and promotion of mental health: The county judge has certain responsibilities in the area of the preservation and promotion of mental health.
The county judge is required to: determine private/public nature of record filed with clerk, in allowing or prohibiting inspection of record of mentally ill; request county attorney to represent the state in commitment hearing; set allowable fees for court-appointed attorneys and physicians; may file application for temporary hospitalization on behalf of person; require examination by two physicians; in indefinite commitment proceeding may: hold hearing, set new trial, stay order for commitment; direct clerk to issue writ of commitment; hold hearings for commitment of drug abusers; return to home county persons released from state mental retardation facility; conduct hearing to determine liability for payment for care of child in state institution.
Special districts: The county judge has certain responsibilities associated with the creation and operation of special districts.
The county judge is required to participate in the creation of hospital districts; sign bonds issued, and sell bonds.
The Agriculture Code requires that the county judge serve as chairman of the board for a wind erosion conservation district.

11. Definitions of Jurisdiction
General Jurisdiction
Exclusive Jurisdiction
Concurrent Jurisdiction
Civil Jurisdiction
Jurisdiction - A comprehensive term that concerns and defines the power of the courts. It includes power to inquire into facts, to apply law, to make decisions, and to declare judgment.
General jurisdiction - The authority extending to all controversies that may be brought before a court within its legal bounds of rights and remedies. This is opposed to special or limited jurisdiction, which covers only a particular class of cases, or cases where the amount in controversy is below a prescribed sum of money.
Exclusive jurisdiction - The sole or exclusive authority to act on a particular case. It is the authority vested in one court alone without interference or participation of another court.
Concurrent jurisdiction - The authority of several different courts to deal with the same subject matter at the choice of the petitioner.
Civil jurisdiction - The authority of a court to act on cases involving a dispute between two or more parties or between the State and citizens concerning non-criminal matters.
Criminal jurisdiction - The authority of a court to act on cases involving violation of criminal laws.
Original jurisdiction - 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 a court's action.
Appellate jurisdiction - The authority to revise or correct the proceedings in a case already instituted and acted upon by an inferior or lower court.

12. Judicial Duties Can vary from County to County
County court: civil, criminal, original and appellate jurisdiction
Criminal jurisdiction
Civil jurisdiction
Juvenile jurisdiction
Magistrate
The Code of Criminal Procedure at Art provides the criminal jurisdiction of county courts. It states: “The county courts shall have original jurisdiction of all misdemeanors of which exclusive original jurisdiction is not given to the justice court, and when the fine to be imposed shall exceed five hundred dollars.”
The Government Code at Section provides the Civil Jurisdiction and Juvenile Jurisdiction of the county court:
A county court has concurrent jurisdiction with the justice courts in civil cases in which the matter in controversy exceeds $200 in value but does not exceed $10,000 exclusive of interest.
A county court has juvenile jurisdiction as provided by Section
(c) If under Subchapter E a county court has original concurrent jurisdiction with the justice courts in all civil matters in which the justice courts have jurisdiction, an appeal or writ of error may not be taken to the court of appeals from a final judgment of the county court in a civil case in which:
(1) the county court has appellate or original concurrent jurisdiction with the justice courts; and
(2) the judgment or amount in controversy does not exceed $250, exclusive of interest and costs.
(d) A county court has concurrent jurisdiction with the district court in civil cases in which the matter in controversy exceeds $500 but does not exceed $5,000, exclusive of interest.
A county court has appellate jurisdiction in civil cases over which the justice courts have original jurisdiction in cases in which the judgment appealed from or the amount in controversy exceeds $250, exclusive of costs.
SUBCHAPTER E. PROVISIONS RELATING TO PARTICULAR COUNTIES
Magistrate: Art WHO ARE MAGISTRATES.; Various duties set forth in Code of Criminal Procedure

13. Court at Law County Courts at Law
Texas Legislature can create special county courts
The judge of a county court at law must be an attorney
The county court at law judge is elected to a 4 year term by qualified voters of the county
The Texas Legislature has the authority to create special county courts called “county courts at law”. There are over 235 county court at laws, primarily in metropolitan areas, to relieve the constitutional county judges of all or part of their judicial duties. The legal jurisdiction of the special county courts varies according to the statute under which they are created. In practice, some of these courts are intended to exercise limited jurisdiction such as civil, criminal or probate. For example, there are county courts at law that handle only civil cases, county courts at law that hear only criminal misdemeanor cases, county probate courts that handle wills and estates, and county criminal courts that hear exclusively cases appealed from justice and municipal courts.
The judge of a county court at law must be a licensed attorney. The judge of a county court at law is elected to a four year term of office by the qualified voters of the county.

14. Continuing Education for Judicial Functions
30 Hours - First Year
16 Hours - Each Year Thereafter
Records Kept at Texas Association of Counties Office
Sources of CE Credit
The Government Code at Sec sets forth that for a county judge, within one year of taking office, 30 hours of instruction is required in the administrative duties of office, and substantive, procedural and evidentiary laws. These hours are not required if the judge has previously complied and has been absent from the bench less than one year before taking the present office. Each calendar year thereafter 16 hours of instruction in substantive, procedural and evidentiary laws and court administration are required.
Requirements: The Supreme Court of Texas, shall if adequate funding is available for education programs for judges and court personnel, ensure that adequate education programs are available on an equitable bases for judges and court personnel of all courts created under the Constitution and laws of this State.
Sources of CE credit: Any program sponsored by the following organizations or otherwise approved by the Supreme Court Education Committee, can be utilized to satisfy the continuing education requirements.
(1) Judicial Section, the State Bar of Texas
(2) Texas Center for the Judiciary, Inc.
(3) National Judicial College, Reno, Nevada
(4) Appellate Judges’ Conference of the American Bar Association, Chicago, Illinois
(5) American Academy of Judicial Education, Washington, D.C.
(6) Institute of Judicial Administration, N.Y.U., New York, N.Y.
(7) Texas College of Probate Judges
(8) National College of Probate Judges
(9) An accredited law school,
(10) A local, state or national bar association,
(11) A professional organization devoted to improvement of the legal professional (such as the Texas Trial Lawyers Association),

15. Practical Application
May serve on various boards and committees by virtue of the office
Represents County as figurehead in various functions
Called upon to represent County interest outside of county

16. Question & Answer