1. County Court at Law Judge
The office of
County Court at Law Judge
Gain Attention: Use opener here that introduces a quote on justice, “The trouble with the laws these days is that criminals know their rights better than their wrongs.” ~Author Unknown
For example, our justice system is one of the most scrutinized institutions in America today. Lawyers, judges, courts and juries work hard to bring justice to victims, and in most instances, they accomplish this.
State Objectives:
Upon completion of this lesson, you should be able to:
Identify the duties of a County Court at Law
Describe the qualifications of the Judges
Discuss the current legal authority
Examine the types of cases they hear
Discuss the differences between the County Courts at Law throughout the State
Evaluate the future of the Courts
Phase II: 2.017

2. Objectives Explain what a County Court at Law Judges does
Outline qualifications of the judges
Examine their legal authority
Understand their jurisdiction
Understand the differences between the County Courts at Law throughout the State
Examine the future of these Courts
Present Content: Stimulate participants by presenting the information in short segments (10 minutes each). Refer back to personal example provided during introduction when appropriate. Use visual or other aides to demonstrate ideas.

3. A Quick Judicial History of Texas
The Constitution of 1876 established the trial courts of Texas:
District Courts, at least one per county
County Courts for Misdemeanors, Probate, Administration
Justice Courts 1
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A Quick Judicial History of Texas
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 his office for four years, and until his successor shall be elected and qualified. He shall receive as compensation for his services such fees and perquisites as may be prescribed by law.
The County Court has jurisdiction as provided by law. The County Judge is the presiding officer of the County Court and has judicial functions as provided by law. County court judges shall have the power to issue writs necessary to enforce their jurisdiction. County Courts in existence on the effective date of this amendment are continued unless otherwise provided by law. When the judge of the County Court is disqualified in any case pending in the County Court the parties interested may, by consent, appoint a proper person to try said case, or upon their failing to do so a competent person may be appointed to try the same in the county where it is pending in such manner as may be prescribed by law.
The County Court shall hold terms as provided by law. Prosecutions may be commenced in said court by information filed by the county attorney, or by affidavit, as may be provided by law. Grand juries empaneled in the District Courts shall inquire into misdemeanors, and all indictments therefor returned into the District Courts shall forthwith be certified to the County Courts or other inferior courts, having jurisdiction to try them for trial; and if such indictment be quashed in the County, or other inferior court, the person charged, shall not be discharged if there is probable cause of guilt, but may be held by such court or magistrate to answer an information or affidavit. A jury in the County Court shall consist of six persons; but no jury shall be empaneled to try a civil case unless demanded by one of the parties, who shall pay such jury fee therefor, in advance, as may be prescribed by law, unless the party makes affidavit that the party is unable to pay the jury fee.
(a) Each county in the State with a population of 50,000 or more, according to the most recent federal census, from time to time, for the convenience of the people, shall be divided into not less than four and not more than eight precincts. Each county in the State with a population of 18,000 or more but less than 50,000, according to the most recent federal census, from time to time, for the convenience of the people, shall be divided into not less than two and not more than eight precincts. Each county in the State with a population of less than 18,000, according to the most recent federal census, from time to time, for the convenience of the people, shall be designated as a single precinct or, if the Commissioners Court determines that the county needs more than one precinct, shall be divided into not more than four precincts. Notwithstanding the population requirements of this subsection, Chambers County and Randall County, from time to time, for the convenience of the people, shall be divided into not less than two and not more than six precincts. A division or designation under this subsection shall be made by the Commissioners Court provided for by this Constitution. Except as provided by this section, in each such precinct there shall be elected one Justice of the Peace and one Constable, each of whom shall hold his office for four years and until his successor shall be elected and qualified; provided that in a county with a population of less than 150,000, according to the most recent federal census, in any precinct in which there may be a city of 18,000 or more inhabitants, there shall be elected two Justices of the Peace, and in a county with a population of 150,000 or more, according to the most recent federal census, each precinct may contain more than one Justice of the Peace Court. Notwithstanding the population requirements of this subsection, any county that is divided into four or more precincts on November 2, 1999, shall continue to be divided into not less than four precincts. (b) Each county shall, in the manner provided for justice of the peace and constable precincts, be divided into four commissioners precincts in each of which there shall be elected by the qualified voters thereof one County Commissioner, who shall hold his office for four years and until his successor shall be elected and qualified. The County Commissioners so chosen, with the County Judge as presiding officer, shall compose the County Commissioners Court, which shall exercise such powers and jurisdiction over all county business, as is conferred by this Constitution and the laws of the State, or as may be hereafter prescribed. (c) When the boundaries of justice of the peace and constable precincts are changed, each Justice and Constable in office on the effective date of the change, or elected to a term of office beginning on or after the effective date of the change, shall serve in the precinct in which the person resides for the term to which each was elected or appointed, even though the change in boundaries places the person’s residence outside the precinct for which he was elected or appointed, abolishes the precinct for which he was elected or appointed, or temporarily results in extra Justices or Constables serving in a precinct. When, as a result of a change of precinct boundaries, a vacancy occurs in the office of Justice of the Peace or Constable, the Commissioners Court shall fill the vacancy by appointment until the next general election. (d) When the boundaries of commissioners precincts are changed, each commissioner in office on the effective date of the change, or elected to a term of office beginning on or after the effective date of the change, shall serve in the precinct to which each was elected or appointed for the entire term to which each was elected or appointed, even though the change in boundaries places the person’s residence outside the precinct for which he was elected or appointed.
1 See the Constitution of the State of Texas, Art. V, Sec

4. A “simplified” organizational chart of the Texas Judiciary
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Texas Research League. The Texas Judiciary: A Structural-Functional Overview. Austin: 1990, pg. xix.

5. Qualifications: 1. Be at least 25 years of age;
2. Have resided in the county for at least
two years before election or appointment; and
3. Be a licensed attorney practicing in this state for a minimum of four years.
2. Elected county-wide for four (4) year term;
3. If appointed to fill a vacancy, they are appointed by County Commissioners.
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Qualifications
According to Texas Government Code § , the judge of a statutory county court must: (1) be at least 25 years of age; (2) have resided in the county for at least two years before election or appointment; and (3) be a licensed attorney in this state who has practiced law or served as a judge of a court in this state, or both combined, for the four years preceding election or appointment, unless otherwise provided for by law.
If appointed to fill a vacancy…
According to Texas Government Code § , (a) The commissioners court of each county shall appoint a person to fill a vacancy in the office of judge of a statutory county court. (b) The appointee holds office until the next general election and until the successor is elected and has qualified. (c) This section applies to a vacancy existing on creation of the office of judge.
1 Vernon’s Texas Codes Annotated. Government Code. Chapter 25.

6. Powers and Duties
Tex. Gov. Code §   Powers and Duties    (a) A statutory county court or its judge may issue writs of injunction, mandamus, sequestration, attachment, garnishment, certiorari, supersedes, and all writs necessary for the enforcement of the jurisdiction of the court. It may issue writs of habeas corpus in cases where the offense charged is within the jurisdiction of the court or any court of inferior jurisdiction in the county.      (b) A statutory county court or its judge may punish for contempt as prescribed by general law.      (c) The judge of a statutory county court has all other powers, duties, immunities, and privileges provided by law for county court judges.      (d) Except as provided by Subsection (e), the judge of a statutory county court has no authority over the county's administrative business that is performed by the county judge.      (e) The judge of a statutory county court may be delegated authority to hear an application under Section , 26.07, or , Alcoholic Beverage Code.
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Powers and Duties
According to Texas Government Code § , (a) A statutory county court or its judge may issue writs of injunction, mandamus, sequestration, attachment, garnishment, certiorari, supersedeas, and all writs necessary for the enforcement of the jurisdiction of the court. It may issue writs of habeas corpus in cases where the offense charged is within the jurisdiction of the court or any court of inferior jurisdiction in the county. (b) A statutory county court or its judge may punish for contempt as prescribed by general law. (c) The judge of a statutory county court has all other powers, duties, immunities, and privileges provided by law for county court judges. (d) Except as provided by Subsection (e), the judge of a statutory county court has no authority over the county's administrative business that is performed by the county judge. (e) The judge of a statutory county court may be delegated authority to hear an application under Section , 26.07, or , Alcoholic Beverage Code.
1 Vernon’s Texas Codes Annotated. Government Code. Chapter 25.

7. Jurisdiction
(a) A statutory county court has jurisdiction over all causes and proceedings, civil and criminal, original and appellate, prescribed by law for county courts.
A statutory county court does not have jurisdiction over causes and proceedings concerning roads, bridges, and public highways and the general administration of county business that is within the jurisdiction of the commissioners court of each county.
In addition to other jurisdiction provided by law, a statutory county court exercising civil jurisdiction concurrent with the constitutional jurisdiction of the county court has concurrent jurisdiction with the district court in:
(1) civil cases in which the matter in controversy exceeds $500 but does not exceed $200,000, excluding interest, statutory or punitive damages and penalties, and attorney's fees and costs, as alleged on the face of the petition; and
(2) appeals of final rulings and decisions of the division of workers compensation of the Texas Department of Insurance, regardless of the amount in controversy.
Except as provided by Subsection (e), a statutory county court has, concurrent with the county court, the probate jurisdiction provided by general law for county courts.
In a county that has a statutory probate court, a statutory probate court is the only county court created by statute with probate jurisdiction.
(f) A statutory county court does not have the jurisdiction of a statutory probate court granted statutory probate courts by the Texas Estates Code. 1
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Jurisdiction
According to Texas Government Code § , (a) If this section conflicts with a specific provision for a particular statutory probate court or county, the specific provision controls, except that this section controls over a specific provision for a particular court or county if the specific provision attempts to create jurisdiction in a statutory probate court other than jurisdiction over probate, guardianship, mental health, or eminent domain proceedings. (b) A statutory probate court as that term is defined in Section 3(ii), Texas Probate Code, has: (1) the general jurisdiction of a probate court as provided by the Texas Probate Code; and (2) the jurisdiction provided by law for a county court to hear and determine actions, cases, matters, or proceedings instituted under: (A) Section , , , , , , or , Health and Safety Code; (B) Chapter 462, Health and Safety Code; or (C) Subtitle C or D, Title 7, Health and Safety Code. (c) Expired.
1 Texas Government Code. Chapter 25.

8. Does this County Court at Law handle my type of case?
Each County Court at Law is created by a separate statute.
Statutes assign various duties to the court as requested by county officials.
Jurisdiction varies from one to another.
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9. Some Statutory Courts…
Are Criminal County Courts at Law
Are Civil County Courts at Law
Are Probate Courts
Hear Family Law Cases
Hear Family Violence Cases.
Primarily hear Juvenile Cases
Do a little bit of everything-Civil, Criminal, Probate, Juvenile, Appeals, Eminent Domain, and Guardianships.
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Some Statutory Courts…
The Texas Constitution grants the Legislature the authority to determine which Texas courts have jurisdiction over probate matters. The Statutory Probate Courts of Texas are located in 10 out of the state's 15 largest metropolitan areas and have original and exclusive jurisdiction over their counties' probate matters, guardianship cases, and mental health commitments. In most counties, the constitutional county court has original probate jurisdiction. In some counties, the Legislature has authorized certain statutorily created county courts to share this original jurisdiction, so that a county court at law will have concurrent jurisdiction over probate matters with the constitutional county court.
The original probate jurisdiction of district courts is limited to those situations in which a contested probate matter is transferred from a constitutional county court and when the Legislature has granted the district court original control and jurisdiction over personal representatives. In the more populated counties, the Legislature has created specialized probate courts (entitled statutory probate courts) to hear probate matters exclusively.
Thus, depending on the jurisdictional grant by the Legislature, probate matters might be heard in the county court, county court at law, statutory probate court, or district court of a particular county.

10. Is It a Family Law Matter?
In the following 55 counties the county courts at law have concurrent jurisdiction with the district courts in civil cases, workers compensation appeals, and family law (divorces, child custody etc.):
Anderson, Angelina, Aransas, Austin, Bastrop, Bee, Brazos, Brown, Burnet, Caldwell, Cherokee, Comal, Coryell, Ector, El Paso, Ellis, Fort Bend, Galveston, Gregg, Guadalupe, Hays, Henderson, Hidalgo, Hood, Houston, Johnson, Kendall, Kerr, Kleberg, Lamar, Liberty, Lubbock, Medina, Midland, Montgomery, Moore, Nacodoches, Nolan, Orange, Panola, Parker, Polk , Potter, Randall, Reeves, Rusk, Starr, Val Verde, Walker, Waller, Washington, Webb, Wichita, Wilbarger, Williamson, and Wise Counties.
* Tarrant County has jurisdiction in non-jury family law cases
Content, cont.
Is It a Family Law Matter?
The power of the court to make a decision. To make a decision, a court must have jurisdiction over both the people in the case and the issues being decided in the case. In family law cases, there are special laws controlling jurisdiction of child custody and child support.

11. Criminal Law Is It A Misdemeanor?
The county courts at law have jurisdiction of Class A (less than 1 year in jail +/or
< $4,000) and B Misdemeanors (less than 180 days in jail +/or < $2,000) and Class C (no jail + < $500) and Unclassified misdemeanors; appellate jurisdiction (de novo) over class C offenses and appellate jurisdiction (de novo) over JP and municipal court decisions.
The county courts at law in the following counties have concurrent civil jurisdiction with the district court and in criminal cases (misdemeanor) but with NO felony jurisdiction:
Anderson, Angelina, Aransas, Austin, Bastrop, Bee, Brazos, Brown, Burnet, Caldwell, Cherokee, Comal, Coryell, Ector, Ellis, Fort Bend, Gregg, Galveston, Guadalupe, Hays, Harris (15), Henderson, Hidalgo(4), Houston, Johnson, Kendall, Kerr, Lamar, Liberty, Lubbock, Medina, Midland, Montgomery, Moore, Nacogdoches, Nolan, Orange, Panola, Parker, Polk , Potter, Randall, Reeves, Rusk, Starr, Travis, Val Verde, Walker, Waller, Washington, Webb, Wichita, Wilbarger, Williamson, and Wise Counties.
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Criminal Law: Is It a Misdemeanor?
Criminal laws are classified as laws written by Congress and state legislators that make certain behavior illegal and punishable by fines and/or imprisonment. By contrast, civil laws are not punishable by imprisonment. In order to be found guilty of a criminal law, the prosecution must show that the defendant intended to act as he did; in civil law, you may sometimes be responsible for your actions even though you did not intend the consequences. For example, civil law makes you financially responsible for a car accident you caused but didn't intend.

12. Examples of Misdemeanors
Class A
Class B
Assault Causing Bodily Injury
Burglary of a coin machine
Burglary of a vehicle
Cruelty to Animals
Driving While Intoxicated or above 0.15
Engaging in Organized Criminal Activity
Escape from Custody
Family Violence
Illegal Dumping
Possession of a Dangerous Drug
Possession of Prohibited Weapon (if knife or knuckles)
Theft over $750-$2,500
Unlawfully Carrying Weapon
Violation of a Protective Order
Alcoholic Beverage offenses
Criminal Mischief
Criminal Trespass (not habitation)
Failure to Identify
Graffiti (depends on damage)
Harassment (1st-B; 2nd-A)
Indecent Exposure
Inhaling Volatile Chemicals
Interference w/ Public Servant
Possession of Marijuana
Possession of Suspended DL
Prostitution
Terroristic Threat
Theft over $100-$75000
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13. Criminal Law Is It a Felony?
The county courts at law located in the following counties have general felony jurisdiction:
Bee, Brown, Gregg (except for Capital Felonies), Hopkins (except in felony jury trials), Kaufman (except in Capital Murder Felonies), Matagorda, Navarro (except capital cases), and Rockwall County (except in capital murder felonies).
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Criminal Law: Is It a Felony?
Any offense that may carry a term in state prison is a felony. All others are misdemeanors.

14. Criminal Law Is It a Plea or Third Degree Felony?
Limited Felony :
The county courts at law in the following counties have limited felony jurisdiction:
Aransas (to conduct arraignments, pretrial hearings, and accept guilty pleas), Denton (has felony jurisdiction in certain matters involving intoxication), Kleberg(may conduct arraignments, conduct pretrial hearings, and accept guilty pleas in felony cases), Lamar (may conduct arraignments, conduct pretrial hearings, and accept guilty pleas in felony cases), McLennan (third degree felonies, and may conduct arraignments, conduct pretrial hearings, and accept guilty pleas in felony cases), Randall (may conduct arraignments, conduct pretrial hearings, and accept guilty pleas in felony cases), Smith (except capital felony cases or lst and 2nd degree felonies), Tarrant (10) (may conduct arraignments, conduct pretrial hearings, and accept guilty pleas in felony cases), and Travis (1) (may hear state jail felony and third degree felony cases involving family violence).
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15. Examples of Felonies First Degree Felonies State Felonies
Prison (5-99 years) +/or Fine < $10,000
Aggravated Assault of public servant
Aggravated Robbery
Aggravated Sexual Assault
Attempted Capital Murder
Injury to a Child, Elderly, Disabled
Murder
State Felonies
180 days to two years in state jail Plus fine<$10,000
Burglary of a building
Cruelty to animals
Interference with Child Custody
Terroristic Threat if damage over $1500
Auto Theft
Second Degree Felonies
Prison (2-20 years) +/or Fine < $10,000
Aggravated Assault (not a public servant)
Burglary of a Habitation
Indecency with a Child (contact)
Intoxication Manslaughter
Robbery
Stalking-2nd
Third Degree Felonies
Prison (2-10 years) +/or Fine < $10,000
Cruelty to Animal
DWI-3rd
Intoxication Assault
Possession Firearm (by a Felon)
Indecent Exposure to a Child
Content, cont.
Aggravated is usually with a weapon or when there’s serious bodily injury
Burglary is when you enter someplace with the intent to commit a felony, theft or assault
Robbery is when you cause injury or threaten injury when committing a theft

16. County-Level Courts: 20091 Highlights
♦ During FY2016, 690,977 new cases were added to the dockets of the county-level courts. There were 520,775 cases pending at the beginning of FY 2016.
♦ In FY 2016, for civil matters suits on debt was the most frequent type of case filed.
♦ Excluding mental health and probate cases, the courts disposed of 786,286 cases during the fiscal year.
507,983 cases (excluding probate and mental health) were pending at the end of FY 2016
Content, cont.
1 Texas Judicial Council and Office of Court Administration. Texas Judicial System, Annual Report. Austin: OCA, 2009

17. Review Duties Qualifications of Judges Current Legal Authority
Types of cases
Differences among Courts at Law
Future of Courts
Insert Guided Learning: Conduct a guided review of the information and encourage participants to summarize the information for the group
List best-case scenario questions and answers, debate topics or other activities here.
Summary
The County Court at Law exercises concurrent jurisdiction with the Constitutional County Court in all civil and criminal cases, original and appellate, probate proceedings and mental illness matters under the Texas Mental Health Code. Notwithstanding exceptions enumerated in the Government Code, concurrent jurisdiction is also exercised with the District Court in cases not exceeding $100,000, as well as all appeals from the Texas Workman's Compensation Commission.
The goal of the County Court at Law is to provide an efficient and accessible forum for pending cases so as to eliminate delays in resolving disputes before the Court.
The judge of a statutory county court must: (1) be at least 25 years of age; (2) have resided in the county for at least two years before election or appointment; and (3) be a licensed attorney in this state who has practiced law or served as a judge of a court in this state, or both combined, for the four years preceding election or appointment, unless otherwise provided for by law.
County Court at Law judges may issue writs of injunction, mandamus, sequestration, attachment, garnishment, certiorari, supersedeas, and all writs necessary for the enforcement of the jurisdiction of the court. They may punish for contempt as prescribed by general law and have all other powers, duties, immunities, and privileges provided by law for county court judges.
In general, County Court at Law judges hear more criminal cases than do District court judges. They also hear juvenile, probate, mental health and civil court cases.

18. Resources http://www.courts.state.tx.us/
Insert Resources to Encourage Retention: Provide participants with an outside assignment, additional reading materials, Web sites and contact information for subject experts
Texas Courts Online
Texas Government Code
The Texas Constitution
texas.gov