| COURTS AND JUDGES |
| A court likely lacks authority to order the destruction of blood evidence related to misdemeanor cases that have been finally resolved | GA-0992 |
| Access to clerk's records, criminal history record information subject to a nondisclosure order | KP-0134 |
| Admonish arrestee, Code of Criminal Procedure article 15.17, duty of magistrate as required by, is a mandatory duty | GA-0993 |
| Admonishments, right to receive from a magistrate under Code of Criminal Procedure article 15.17, may be waived by arrested person pursuant to Code of Criminal Procedure article 1.14(a) if done plainly, freely, and intelligently | GA-0993 |
| Allowing private attorneys or vendors with whom the county has contracted pursuant to Code of Criminal Procedure article 103.0031 for collection
efforts on court documents would likely fall within a court's broad discretion in managing the docket | GA-1093 |
| Appointment of attorneys in death penalty habeas corpus actions, court's authority | DM-0354 |
| Appointment, amicus attorney, indigent client, private suit affecting parent-child relationship | GA-0489 |
| Appointment, attorney ad litem, indigent client, private suit affecting parent-child relationship | GA-0489 |
| Appointment, guardian ad litem, indigent client, private suit affecting parent-child relationship | GA-0489 |
| Assignment, eligibility of former and retired judges who qualified for service prior to amendment to section 74.055(c) of the Government Code to sit by | GA-0398 |
| Authority of commissioners court to deny longevity pay to county judge who receives a state salary supplement pursuant to Government Code section 26.006 | KP-0180 |
| Authority of county to transfer funds from road and bridge account to general account to pay commissioner who performs road and bridge maintenance | KP-0182 |
| Binding arbitration, validity of agreement between retailer and purchaser of manufactured home choosing in lieu of judicial forum to resolve claims | LO94-089 |
| Cash bail bond, a county is not entitled to deduct a fee for accounting and administrative expense from the return of a | GA-0960 |
| Child subject of juvenile detention hearing, deaf or hearing impaired custodial relative of who is not party or witness in proceedings is not entitled to interpreter | DM-0411 |
| Commissioners court may have discretion to provide the local administrative probate judge additional county funds by reason of her designation to that position, but no statute requires her to receive additional compensation beyond that required under Government Code section 25.0023(a) | GA-0891 |
| Community supervision and corrections department, statutory county court judge with only misdemeanor jurisdiction is among the group of judges described in section 76.002(a), Government Code | GA-0728 |
| Conditions of community supervision, including conditions about where the probationer may live and travel, under article 42.12 of the Code of Criminal Procedure the Legislature has authorized judges to determine | GA-0691 |
| Conduct a marriage ceremony, Family Code section 2.202(a)(4) does not authorize a retired federal judge to | GA-0948 |
| County juvenile board, authority to provide juvenile justice alternative education program to students who have not been adjudicated delinquent by a juvenile court | DM-0412 |
| Court or magistrate before which prosecution is "pending" for filing affidavit of surety to surrender bond principal | LO98-066 |
| Court registry account, county commissioners court's authority over | KP-0174 |
| Court reporter's certification, Certification Board may not continue to consider application for filed prior to repeal of section 52.021(e) of the Government Code | DM-0058 |
| Court reporters, recording of deposition by tape recorder as primary or only method runs afoul of requirement that all depositions be recorded by certified shorthand reporter | LO93-110 |
| Deaf or hearing impaired grand juror must be provided with interpreter to guarantee right of access to court mandated by Americans with Disabilities Act | DM-0411 |
| Deaf or hearing-impaired juror must be provided with interpreter to guarantee right of access to court mandated by Americans with Disabilities Act | DM-0392 |
| Deferred adjudication community supervision, article 42.12, section 5(h) of the Code of Criminal Procedure does not authorize the state to pursue a defendant for past due fines and costs with a capias pro fine where no motion to adjudicate was filed prior to the expiration of | GA-0396 |
| Derived judicial immunity applies to officials exercising the functional equivalent of judicial discretion; generally, a bailiff and chief of courthouse security screening individuals at the courthouse would not be exercising the functional equivalent of | GA-0146 |
| Dismiss proceedings against defendant and discharge him pursuant to article 42.12, section 5(c) of Code of Criminal Procedure, a court dismisses the charging instrument and terminates the underlying criminal action for which community supervision was granted when court acts to | GA-0396 |
| Disqualification from uncontested probate case in which judge has been counsel in the case | DM-0109 |
| Domestic violence protective orders, statutes establishing neither explicitly authorize nor directly forbid judge to include term in order directing police to escort perpetrator of domestic violence to family home for purpose of collecting personal proper | JC-0289 |
| Emergency medical treatment of a local jail detainee, Texas Health and Safety Code section 773.008(2) does not, independent of any other statutory authority or procedure, authorize a court to order emergency medical treatment of a local jail detainee | GA-0855 |
| Establishment Clause of the U.S. Constitution - opening a court session with "God save the State of Texas and this Honorable Court" or with a prayer by a volunteer chaplain, or hosting a volunteer chaplain program to provide counseling upon request, does not violate the Establishment Clause | KP-0109 |
| Funds of juvenile board or probation department must be placed with county treasurer for deposit in county treasury and are subject to county auditor oversight | DM-0257 |
| Government Code sections 25.0862 and 25.0023, salaries paid to Galveston County Court at Law judges and the Galveston County Statutory Probate Court are not required to equal the amount paid to the local administrative district judge under | GA-0891 |
| Guilty plea, inclusion of in pretrial diversion agreement, this office cannot advise on given lack of definitive guidance on the matter | GA-0986 |
| Homestead exemption, federal and state judges and their spouses who are allowed to omit residence address on their drivers license and substitute street address of courthouse where judge serves may present personal identification certificate with residence address to apply for | GA-0974 |
| Inherent authority of a court to adopt a policy under which it may reschedule qualified, nonexempt prospective jurors without requiring them to appear in court | GA-0161 |
| Interpreter appointed by court in criminal proceeding is not required to provide translation services to district attorney in preparing for trials | GA-0696 |
| Interpreters, a court clerk who merely converses with a defendant in a language other than English does not act as a court interpreter and does not commit an offense under chapter 57 of the Government Code | JC-0584 |
| Interpreters, if there is no interpreter licensed to interpret in a particular language under chapter 57 of the Government Code, the appointment of an unlicensed person may be within a court's inherent power | JC-0584 |
| Investigator appointed by county probate judge is covered by the Tarrant County civil service system | GA-0824 |
| Judgment contents, a felony judgment must contain the information specified in article 42.01, section 1 of the Code of Criminal Procedure | GA-0220 |
| Judgment in criminal case, court clerk may not prepare without supervision of an attorney | JC-0259 |
| Jurisdiction over certain alcoholic beverage offenses in Kerr and Lavaca counties | LO96-144 |
| Jurisdiction over municipal nuisance ordinance violations that occur outside city limits | JC-0025 |
| Jurisdiction, Juvenile Court may waive exclusive jurisdiction of truancy cases on case-by-case basis or as a class | JC-0110 |
| Juror donations - Government Code subsection 61.003(a)(4) does not limit the donation of juror reimbursements to only juror counseling programs. | KP-0010 |
| Juror reimbursement fees, program to allow donation of must have been established prior to January 1, 1995 | LO97-029 |
| Juror reimbursement rates, a commissioners court may set different rates based only upon the length of a juror's service | JC-0568 |
| Jury trial, state has no right to jury trial in juvenile proceeding | JC-0242 |
| Jury-service reimbursement, commissioners court may not choose to omit from the list of funds or programs to which jurors may donate the funds described in section 61.003(a)(1), (2) of the Government Code | JC-0065 |
| Juvenile board and chief juvenile probation officer, allocation of authority to hire and fire employees of Brazos County Juvenile Probation Department | DM-0079 |
| Juvenile case, predisposition transfer | LO95-030 |
| Juvenile court is without jurisdiction to conduct an adjudication hearing for a person referred as a truant by a justice or municipal court if the conduct that forms the basis for the referral occurred after the person attained the age of 17 | JC-0103 |
| Juvenile court may designate more than one office or room as juvenile processing office | LO93-038 |
| Juvenile court may order nonprevailing child or other nonprevailing party to reimburse costs of serving summons in proceeding under Juvenile Justice Code | GA-0017 |
| Magistrate, service as is a judicial function | GA-0426 |
| Marriage ceremony in Texas, senior status federal judge meeting the requirements of 28 U.S.C.A. § 371 is authorized to conduct a | GA-0982 |
| Meet before hearings with the child or the individual with whom the child ordinarily resides, attorney ad litem's duty under section 107.004(d) of the Texas Family Code to | GA-0406 |
| Mental health proceedings, reimbursements to which county may be entitled for costs paid by county not court costs (Clarified by Tex. Att'y Gen. Op. No. JC-0222 (2000)) | JC-0102 |
| Multi-county administrative judicial region's "salaries, compensation, and expenses," commissioners court must pay county's pro rata share and has no authority to reduce county's share or to alter the administrative judicial region's budget | JC-0524 |
| No statute or common-law cause of action, or any other legal authority of which we are aware empowers a court to order the destruction of evidence related to misdemeanor cases over which the court otherwise lacks jurisdiction | GA-0992 |
| Nunc pro tunc, inherent power of court to enter order | DM-0393 |
| Obtain confidential documents of State Commission on Judicial Conduct or attend its confidential proceedings, Sunset Advisory Commission’s authority to | GA-0979 |
| Offense of driving while intoxicated, person under age of twenty-one may be prosecuted under Penal Code for | LO98-027 |
| Open Meetings Act applies to committee of judges involved in management of Community Supervision and Corrections Department | DM-0395 |
| Personal bond, authority of criminal judges to order cities to post signs concerning | GA-0381 |
| Premises of "government court or office utilized by the court" means a government courtroom or those offices essential to the operation of the government court. | KP-0047 |
| Probable cause hearing related to application for court-ordered mental health services, "presiding judge" who may appoint master for is judge of court in which application is pending | JC-0358 |
| Probate court clerk, authority to collect courthouse security fee (Modified by Tex. Att'y Gen. Op. No. DM-371 (1995)) | DM-0283 |
| Redistricting Texas congressional seats, authority of courts to do so if legislature does not adopt a constitutional plan | GA-0063 |
| Reimbursement of judges for bar dues, county not required to provide | LO92-072 |
| Retirement annuity increase of ten percent under section 834.102(b) of the Government Code, whether former judge retiring from special assignment is eligible to receive | LO93-081 |
| Shorthand reporter may contract with company to provide all of company's shorthand services requirements | DM-0102 |
| Statutory probate courts, presiding judge of the statutory probate courts may adopt statewide local rules of administration for | GA-0105 |
| Supreme Court of Texas exercises administrative control over and promulgates rules which govern the Texas State Bar | GA-0995 |
| Term of office established by Texas Constitution may not be shortened by legislature | JC-0519 |
| The responsible authority that would notify license holders of their inability to carry on the respective premises must make the determination of what government courtrooms and offices are essential to the operation of the government court, in consultation with the government court. | KP-0047 |
| Truancy complaint, court may compel appearance of alleged truant and custodian at hearing by endorsing summons ordering custodian to appear and to bring alleged truant | JC-0110 |
| Victim's name, address, or other identifying information appearing both in a felony judgment and a victim impact statement, Public Information Act makes such information in the judgment confidential and not subject to disclosure | GA-0220 |
| Appellate |
| Appellate court employment policies and procedures, review by Texas Commission on Human Rights for compliance with Texas Human Rights Act and exaction of monetary penalty for noncompliance does not violate separation of powers provision | JC-0563 |
| County reporter's notes, preservation of under Rules of Appellate Procedure | JC-0404 |
| Sale of deposition transcripts by court reporter to computerized database, supreme court rule should address | LO93-087 |
| Supreme Court of Texas exercises administrative control over and promulgates rules which govern the Texas State Bar | GA-0995 |
| Supreme Court of Texas justice may not serve on board of directors of State Justice Institute because board member holds an office of trust under the United States | DM-0049 |
| Supreme Court, process by which local rules are approved is an inappropriate venue for resolving conflict between two statutes where court is not apprised of conflict | LO97-015 |
| County |
| A court would likely conclude that a group of district and county judges meeting to appoint a community supervision and corrections department director pursuant to Government Code chapter 76 is not a "governmental body" under the Open Meetings Act because the statutory curtailment of the group's previous managerial role with respect to departments. Consequently, notice of the group's meetings is not required by the Open Meetings Act to be posted. | KP-0038 |
| A court would likely conclude that restitution funds ordered in a criminal judgment by a statutory county court and collected by the county clerk pursuant to article 42.037, Code of Criminal Procedure, are not funds "belonging to the county" and thus are not required to be deposited with the county treasurer or in the county treasury pursuant to Local Government Code section 113.021 | KP-0019 |
| A sitting justice of the peace who meets the definition of a "qualified person" may serve as a temporary justice of the peace under Government Code section 27.055 in place of a regular justice of the peace in the same county | GA-1005 |
| Allocated judicial funds, a county may not use the allocated judicial funds contrary to the requirements established by statute | GA-0875 |
| Authority to supervise inmates being held in courthouse holding cells, as the agency charged with adopting reasonable rules and procedures establishing minimum standards for the custody, care and treatment of prisoners, the Texas Commission on Jail Standards must determine, in the first instance, whether bailiffs have the | GA-0692 |
| Back pay under section 25.0005(a) of the Government Code, a judge's suit for is subject to a four-year statute of limitations; governmental immunity bars suit for against county | GA-0370 |
| Backpay, county court at law judges' action against county for backpay is subject to four-year statute of limitations if county raises as affirmative defense | JC-0182 |
| Calculation of the minimum salary of a county court at law judge under Government Code section 25.0005 | GA-1042 |
| Centralized filing system in which county clerk serves as clerk of county and district courts for those matters in which the two courts share jurisdiction, statutory county and district judges may not adopt (Affirmed by Tex. Att'y Gen. LO-97-015) | LO96-060 |
| Code of Criminal Procedure articles 17.16 and 17.19, after a person makes bail but before a formal charging instrument is filed in the county, county court-at-law or district court, prosecution is pending before the magistrate who properly received a complaint against the accused under | GA-1021 |
| Community supervision and corrections department, judge of a county court established under article V, section 15 of the Texas Constitution is not a judge of a statutory county court for purposes of title 2 of the Government Code and therefore is not incl | JC-0452 |
| Compensation must include amount equal to benefit-replacement pay received by district judge only if county judge held office on August 31, 1995, County court judge's | GA-0012 |
| Compensation of county court at law judges in counties collecting court costs and fees under section 51.702 of the Government Code | JC-0159 |
| Compensation of county court employee is "court-related purpose" | JC-0376 |
| Confidentiality of petit jury lists, judge's duty to maintain | GA-0422 |
| Conflict of interest under Rules of Professional Conduct where county judge practices in courts of his or her county | JC-0574 |
| County Court at Law official court reporter, authority to set the salary and hours of work | GA-0952 |
| County judge whom the State Commission on Judicial Conduct has temporarily suspended with pay is entitled to receive the judge's total salary, including a state supplement | GA-0211 |
| County Judge, power to act as magistrate when constitutional county court is divested of its probate, juvenile, civil, and criminal jurisdiction | GA-0642 |
| County's representation of county official in action arising from the performance of a public duty. Term "sued" in Local Government Code section 157.901 most likely does not encompass disciplinary proceedings before Commission on Judicial Conduct. | KP-0027 |
| Court reporter service fee under section 51.601 of the Government Code, county clerk may not collect if the county court has not appointed an official court reporter | GA-0372 |
| Death certificates, authority of justice of the peace or county court at law to cause an amendment to | GA-0718 |
| Director of Judicial Support Services for county, visiting statutory county court judge not barred from simultaneously serving as | GA-0840 |
| District court case, county court at law judge may be assigned | LO90-074 |
| Expenses of nonresident witness in criminal proceeding, authority of prosecutor to advance without preapproval of the presiding judge | GA-0888 |
| Government Code section 26.006, a county judge performs a "judicial function" when the judge exercises criminal or civil jurisdiction as authorized by Government Code chapter 26 | KP-0090 |
| Government Code section 27.055 authorizes a county judge to appoint "a qualified person" to serve as a temporary justice of the peace, which denotes one, unspecified individual, not the simultaneous appointment of multiple justices | GA-1005 |
| Government Code section 27.055 does not permit a county judge to appoint an "at large" temporary justice before the need arises | GA-1005 |
| Government Code subsection 25.0005(a) does not limit the "total annual salary" of a statutory county court judge to include only contributions and supplements received by a district judge from the county in which the statutory county court judge serves. | GA-1042 |
| Guardian ad litem, former judge sitting by assignment is not precluded from accepting appointment as if not required to plead and appear in court as an attorney | LO97-067 |
| Health and Safety Code subsection 574.0085(a) authorizes the statutory or constitutional county court judge with jurisdiction over mental illness to appoint the associate judge | KP-0141 |
| Information, filing with supporting affidavit in court tolls statute of limitations for class A or B misdemeanor | LO95-081 |
| Judgment is not void or voidable solely because it was filed with the wrong clerk of court | LO97-015 |
| Judicial salaries for Potter County courts at law | LO95-074 |
| Juvenile detention facilities, county contract with private corporation for operation of may not supersede county juvenile court's authority over | DM-0439 |
| Juvenile detention facilities, county juvenile court's authority over is separate from authority of juvenile board and commissioners court | DM-0439 |
| Juvenile matters, county court of Taylor County has no jurisdiction but juvenile board may designate district or statutory county court as juvenile court | LO92-014 |
| Juvenile, judge may order held in detention facility outside county | LO92-003 |
| Liquor license applications, county judge may not delegate authority to hear to county court at law judge because it is county's administrative duty | LO97-054 |
| Longevity pay calculated under Government Code section 659.0445, whether a statutory county court judge is entitled to under Government Code section 25.00005(a) | GA-0694 |
| Magistrates of the county, including district judges, county judges, judges of the county courts at law, the judges of statutory probate courts, justices of the peace, and city judges have a mandatory duty to give statutory warnings to arrested person brought before them | GA-0426 |
| Maximum salary of county court at law judges in Gregg County | GA-0462 |
| Mental-health proceeding involving patient receiving treatment in regional facility where proceedings originated in another county, allocation of costs and jurisdiction | JC-0364 |
| Money allocated from the state judicial fund into a county’s contributions fund must be used only for court-related purposes for the support of the statutory probate courts in the county | GA-0875 |
| Nothing in Government Code section 25.0005 indicates that it is not fully applicable to counties served by multi-county judicial districts; thus, the phrase "total annual salary received by a district judge in the county" includes salaries received by district judges that serve multi-county districts. | GA-1042 |
| Overtaking and passing a school bus, whether offense of should be prosecuted in justice or county court | DM-0285 |
| Policy established by county judge requiring certain probationers to conform to dress and hair code, constitutional if designed primarily for rehabilitation and protection of public, and is reasonably related to such ends | LO93-095 |
| Practice of law by county judge in courts of his county | JC-0033 |
| Probation, authority to modify conditions of probation to require payment in lieu of community service | GA-0593 |
| Registry funds withdrawn on or after September 1, 1997, clerk must allocate to county general fund ten percent of any interest earned on | LO98-106 |
| Salaries in counties that collect fees and costs under section 51.702 of the Government Code and that does not comply with section 25.0005(e) of the Government Code must be "set" at increased level under section 25.0005(a) | JC-0543 |
| Salaries of county court at law judges may be increased by budget amendment | JM-1138 |
| Salary in county that discontinues collecting fees and court costs for support of judiciary, commissioners court may set | LO94-048 |
| Salary in county that discontinues collecting fees and court costs for support of judiciary, county commissioners court may set | LO94-048 |
| Salary supplement fee in a proceeding for court-ordered mental health services, a commissioners court may set as a court cost and pay to the county judge who hears such matters away from the county courthouse, and an amount equal to the fee may not be ded | GA-0244 |
| Salary supplement program for county court at law judges funded by collection of additional fees and court costs, county may not discontinue participation in during middle of program year | JC-0196 |
| Salary, statute sets ceiling on county court at law judge's | LO90-079 |
| Social Security numbers, board of county court at law judges have no authority to order clerk to redact social security numbers from the electronic documents available on the clerk's website | GA-0203 |
| Statutory county court judge may be assigned to presiding judge of judicial region to hear and decide felony cases in a district court within his county of residence | GA-0570 |
| Statutory county court judge, whether minimum salary includes state or county paid FICA contribution | LO93-019 |
| Statutory county court-at-law supplemental salary funds, county that withdraws from program mid-year need not be paid monthly installment but is entitled to proportionate share of year-end excess funds | JC-0305 |
| Surcharge prohibition in Business and Commerce Code section 604A.0021 not applicable to counties accepting credit cards payments of fees, taxes, or other charges | KP-0257 |
| The compensation of a regular justice of the peace is set by the commissioners court each year under Local Government Code chapter 152 | GA-1005 |
| Time payment fee applies to all constitutional county courts | DM-0464 |
| Vacancy in office, authority of commissioners court to fill | DM-0377 |
| Court Employees |
| Additional staff - if the 105th District Court determines it needs additional staff to aid in the exercise of its judicial functions, Court may rely on Government Code section 74.103 and inherent power to appoint necessary personnel other than a bailiff. | GA-1032 |
| Associate judge appointed by a district judge under Family Code, chapter 201, subchapter A, whether associate judge is an employee under Title VII of the Civil Rights Act of 1964 | GA-0126 |
| Associate judge, a district judge may appoint as an associate judge under Family Code, chapter 201, subchapter A a person who did not apply nor interview for the position and who did not meet posted qualifications, provided that the commissioners court ha | GA-0126 |
| Associate judge, authority of family district court to appoint an associate judge pursuant to 1984 commissioners court order authorizing the court to appoint a master under a repealed law | GA-0126 |
| Bailiff position, the Legislature has not authorized the creation of an additional bailiff position for the 105th District Court. | GA-1032 |
| Certified shorthand reporter, Court Reporters Certification Board must determine content and style of complaint form and oath to be used to file complaint against | LO98-075 |
| Court reporter service fee under section 51.601 of the Government Code, county clerk may not collect if the county court has not appointed an official court reporter | GA-0372 |
| Court reporter's salary, district judge can set at level that differs from that set by other district judges in county | DM-0074 |
| District court reporter, county has no authority to influence or direct the employment of | GA-1023 |
| District court reporter, district judge who appoints an official district court reporter has the sole authority to terminate | GA-1023 |
| District court reporter, employment status of, is context-specific and cannot be determined for all purposes | GA-1023 |
| Judge's bailiff, authority to arrest and to carry firearm in court and elsewhere | LO94-038 |
| Juvenile law master is an employee rather than an officer, justice of the peace not barred from serving as but must comply with Code of Judicial Conduct | LO96-078 |
| Liability of justice of the peace's employee for shortage of collections | DM-0324 |
| Official court reporter for multi-county district court, reimbursement for expenses of performing official duties in reporter’s county of residence and in other counties | GA-0700 |
| Official court reporters in the Denton County Courts at Law, Commissioners Court has authority to set compensation of | DM-0128 |
| Salaries, district judges must expend funds in accordance with county budget | LO96-003 |
| Veterans treatment court judge, not the commissioners court, is authorized to select and supervise the staff of a veterans treatment court program | KP-0146 |
| District |
| A court would likely conclude that a group of district and county judges meeting to appoint a community supervision and corrections department director pursuant to Government Code chapter 76 is not a "governmental body" under the Open Meetings Act because the statutory curtailment of the group's previous managerial role with respect to departments. Consequently, notice of the group's meetings is not required by the Open Meetings Act to be posted. | KP-0038 |
| A group of district judges meeting to appoint the county auditor pursuant to Local Government Code section 84.003 is not a governmental body under the Open Meetings Act. Consequently, notice of the group's meetings is not required by the Act to be posted. | KP-0038 |
| Additional staff - if the 105th District Court determines it needs additional staff to aid in the exercise of its judicial functions, Court may rely on Government Code section 74.103 and inherent power to appoint necessary personnel other than a bailiff. | GA-1032 |
| Annual state salary, individuals appointed as judges of the newly created 444th and 445th Judicial District courts are entitled to | GA-0578 |
| Appointed judge, taking oath of office
Appointed judge, length of service
Newly-created district court, vacancy in
Term of office, district judge
Vacancy in, filling | GA-0764 |
| Appointment of a district clerk, district judges must unanimously assent to the | GA-0216 |
| Associate judge, a district judge may appoint as an associate judge under Family Code, chapter 201, subchapter A a person who did not apply nor interview for the position and who did not meet posted qualifications that the commissioners court has authoriz | GA-0126 |
| Associate judge, authority of family district court to appoint an associate judge pursuant to 1984 commissioners court order authorizing the court to appoint a master under a repealed law | GA-0126 |
| Auditor, district judges who appoint may not require auditor to provide documentation supporting travel expense allowance except when setting allowance for upcoming year | LO96-065 |
| Authority of county commissioners court to adopt a policy to automatically reduce the salary of employees and officers | KP-0052 |
| Authority to supervise inmates being held in courthouse holding cells, as the agency charged with adopting reasonable rules and procedures establishing minimum standards for the custody, care and treatment of prisoners, the Texas Commission on Jail Standards must determine, in the first instance, whether bailiffs have the | GA-0692 |
| Bailiff position, the Legislature has not authorized the creation of an additional bailiff position for the 105th District Court. | GA-1032 |
| Benefit-replacement pay, compensation includes | GA-0012 |
| Cash bail bond, authority of district clerk to accept assignment of to pay fines and costs | GA-0773 |
| Centralized filing system in which county clerk serves as clerk of county and district courts for those matters in which the two courts share jurisdiction, statutory county and district judges may not adopt (Affirmed by Tex. Att'y Gen. LO-97-015) | LO96-060 |
| Code of Criminal Procedure articles 17.16 and 17.19, after a person makes bail but before a formal charging instrument is filed in the county, county court-at-law or district court, prosecution is pending before the magistrate who properly received a complaint against the accused under | GA-1021 |
| Code of Criminal Procedure subsection 15(h)(6) gives the judge of the sentencing court the discretion, if the defendant satifies certain conditions, to shorten the time a defendant is required to serve in a state felony facility by up to twenty percent | GA-1000 |
| Community supervision and corrections department employees are not county employees and may not be included in expanded county civil service system | JC-0254 |
| Community supervision and corrections department, district judges have nondelegable authority to finally approve appointment of all personnel (Overrules Tex. Att'y Gen. Op. No. DM-208 (1993)) | JC-0314 |
| Compensated teaching position with state university, former district judge sitting by assignment is not barred from simultaneously holding | LO98-109 |
| Confidentiality of grand jury lists, judge's duty to maintain | GA-0422 |
| Confidentiality of petit jury lists, judge's duty to maintain | GA-0422 |
| Conflict of interest, former district judge employed as assistant criminal district attorney | GA-0557 |
| Counsel in death penalty habeas corpus action, whether trial court can request agencies and associations to procure | DM-0354 |
| County auditor and assistant county auditors, district judges may increase salaries of even though county budget year has already begun | JC-0361 |
| County auditor's travel expenses, district judge who appoints auditor may include in auditor's salary | LO95-038 |
| County contract with a private entity for the collection of delinquent fines, fees, and court costs, does not unconstitutionally deprive the criminal district attorney of his authority to prosecute | GA-0714 |
| County juvenile board service compensation is part of judge's combined yearly salary from state and county sources for purposes of determining what salary may be | JM-1140 |
| County road and bridge fund, district court has no jurisdiction to allocate | LO98-087 |
| Court personnel, judges may not adjust salaries except in county budgeting process | LO96-003 |
| Court reporter's salary, district judge can set at level that differs from that set by other district judges in county | DM-0074 |
| Courtrooms and offices, 40th and 378th district courts may locate outside original sixty-two acres of City of Waxahachie, so long as those courtrooms and offices are located within the currently existing municipal boundaries of that city | GA-0245 |
| Criminal jurisdiction, 406th District Court of Webb County has | JC-0356 |
| Discretion to provide medical insurance for juvenile board, county commissioners have | GA-0715 |
| Discretionary authority to establish, increase, decrease, or eliminate the compensation paid
to the judges serving on a juvenile board, a commissioner court has under section 152.0034(b) of the Human Resources Code | GA-0799 |
| District attorney pro tem, district judge may appoint even when there is an assistant district attorney in place | JM-1246 |
| District judge does not have authority to order director of a community supervisions and corrections department who does not supervise defendants to personally appear in court to present the ordered presentence investigation report | GA-0991 |
| District judge does not have authority to order director of community supervisions and corrections department who does not supervise defendants placed on community supervision to personally conduct a presentence investigation report | GA-0991 |
| District judge is not authorized to require a particular supervision officer in a community supervision department to prepare a presentence investigation report | GA-0991 |
| Eligibility for county medical insurance, juvenile board members | GA-0715 |
| Expenses of nonresident witness in criminal proceeding, authority of prosecutor to advance without preapproval of the presiding judge | GA-0888 |
| Failure to attend school, court must dismiss complaint filed by a school district against student for failure to attend school if school district did not file complaint within seven days of student's tenth unexcused absence within a six-month period in same school year | GA-0417 |
| Forfeited controlled substance, district court may not release to law enforcement officer to use in sting operation | JM-1166 |
| Former district judge sitting by assignment holds "office" and thus is barred from simultaneously serving as municipal judge | LO96-145 |
| Government Code section 76.002, The phrase "district judges trying criminal cases" means a district judge that regularly examines criminal matters the disposition of which involves a Government Code chapter 76 program or facility | GA-0357 |
| Grand jury hearing is "criminal proceeding" for purposes of statute requiring properly trained interpreters for non-English speaking or deaf or hearing-impaired witnesses | JC-0579 |
| Grand jury in multicounty judicial district, authority to return indictment for an offense committed in another county | DM-0291 |
| Guardian ad litem, former judge sitting by assignment is not precluded from accepting appointment as if not required to plead and appear in court as an attorney | LO97-067 |
| Henderson County Juvenile Board, Judge of 392nd District Court is not a member of | LO98-073 |
| In order to receive diligent participation credit under Code of Criminal Procedure subsec. 15(h)6), a defendant must first "diligently participate" in one of the specified types of rehabilitative programs. Only then may the judge award commutation. The statute does not permit or require the judge to give credit that has not first been earned. | GA-1000 |
| Judgment is not void or voidable solely because it was filed with the wrong clerk of court | LO97-015 |
| Juror personal information in civil cases is confidential with respect to third parties but may be released to litigants in action | JC-0405 |
| Jurors who have served in a criminal proceeding, statute rendering personal information confidential does not preclude provision of such information to counsel for purpose of jury selection | JC-0405 |
| Jury fee, judge may not set different amount unless commissioners court has abused its discretion in setting | LO97-009 |
| Jury list, clerk may not provide list to one party and withhold from other party | JC-0405 |
| Jury list, in both civil and criminal actions jury list must be disclosed to parties when they announce ready for trial | JC-0405 |
| Jury list, subject to direction of presiding judge the clerk may release to parties any time after list has been delivered to sheriff to summon jurors | JC-0405 |
| Legal fees of district judge, state not obligated to pay; county may pay if county interests are at stake | JC-0047 |
| Maximum lawful salary payable to a state district judge under section 659.012 of the Government Code is $140,000 | GA-0437 |
| Medical coverage for district judges, authority of county to provide | DM-0337 |
| Medical insurance benefits under county plan, whether county must provide to district judges whose jurisdiction is limited to county | LO95-056 |
| Mental-health proceeding involving patient receiving treatment in regional facility where proceedings originated in another county, allocation of costs and jurisdiction | JC-0364 |
| Personal information regarding jurors who have served in criminal proceeding is confidential and may not be released to anyone without order from trial court | JC-0405 |
| Probate jurisdiction, statute granting district court jurisdiction of certain civil and criminal matters does not provide | JM-1244 |
| Probation, authority to modify conditions of probation to require payment in lieu of community service | GA-0593 |
| Prospective jurors, statutory duties of district clerk with respect to selection of cannot be delegated by commissioners court or district judge to bailiff or jury administrator | DM-0034 |
| Registry funds withdrawn on or after September 1, 1997, clerk must allocate to county general fund ten percent of any interest earned on | LO98-106 |
| Salaries, comptroller may not reduce state salaries paid to Harris or Travis county judges if the appropriate commissioners court decides to pay an amount that would exceed statutory differential | GA-0099 |
| Salary increases for court coordinators and secretaries, commissioners court must approve and has no duty to provide for in accordance with district court order | LO92-044 |
| Sale of deposition transcripts by court reporter to computerized database, court should address | LO93-087 |
| Showing of essentiality, degree to which district judges appointed to newly created judicial districts are entitled to supplemental salary payments, office space, and other perquisites of office depends upon a | GA-0578 |
| Special auditor, district judge has no authority to appoint (Withdrawn by Tex. Att'y Gen. Op. No. JM-1249A (1990)) | JM-1249 |
| Statutory county court judge may hear and decide felony cases in a district court within his county of residence pursuant to assignment by presiding judge of judicial region | GA-0570 |
| Tape recording of executive session, district judge lacks authority to order county clerk to release absent pending litigation under Open Meetings Act (Withdrawn by Tex. Att'y Gen. Op. No. JM-1249A (1990)) | JM-1249 |
| Transfer of cases to new district court, whether cases may be assigned to special visiting district judge pending preclearance of new court by the United States Department of Justice under Voting Rights Act | LO95-061 |
| Trustee of independent school district, district judge may not simultaneously serve as trustee if school district located within jurisdiction of judge's court | LO98-094 |
| Under Local Government Code section 84.021, district judges are not required to include the names of assistant auditors in the list of appointees they certify to the county commissioners court | GA-1062 |
| Warrant for defendant who violates community supervision, court having geographical jurisdiction where defendant resides or where violation occurs may issue and also set bail | LO98-021 |
| Fees |
| Additional fees paid to a court reporter, a district and a county court at law court reporter may be paid a salary as well as compensated for additional work performed without it being a violation of article III, section 53 of Texas Constitution | GA-0155 |
| Adjudication of a charge of violating the Parks and Wildlife Code and impose a special expense without assessing a fine, justice of the peace may defer | GA-0745 |
| Alternative dispute resolution system charge may be collected for civil case filed in probate court | LO94-042 |
| Article 102.005, Code of Criminal Procedure - a defendant whose conviction from a municipal court of record was affirmed at the county-court level would not be subject to the fees imposed under article 102.005 because the conviction occurred at the municipal level | GA-1063 |
| Cash bail bond, section 117.055 of the Local Government Code authorizes county or district clerk to withhold administrative fee from return of funds deposited with clerk as cash bail bond | JC-0163 |
| Clerk of court may assess fee in condemnation proceedings | DM-0026 |
| Collection by private vendors of debts and accounts receivable, statute authorizing is not applicable to suggested fines absent court order | JC-0516 |
| Commissioners court authority to establish and supervise county collections department and delegate collection of money to private collections firm | KP-0203 |
| Community supervision, trial judge's authority to allocate money convicted defendant must pay as fees, costs, and fines | DM-0407 |
| Costs of court, authority to require county to pay in proceedings for forfeiture of contraband | LO93-089 |
| County attorneys, criminal district attorneys and district attorneys are authorized to collect a fee from any defendant participating in Code of Criminal Procedure article 102.0121 pretrial intervention program. Fees must be deposited into a special fund in the county treasury. | GA-1039 |
| County clerk had discretion to collect records management and preservation fee, which must be deposited in separate account with county treasurer | LO92-007 |
| County court at law judges, fees and costs collected under section 51.701 of Government Code used to supplement salaries of | GA-0462 |
| County court judges' salaries, county that begins collecting fees and costs under section 51.702(i) of the Government Code after July 1 need not increase on September 1 under section 25.0005(a) of the Government Code | JC-0543 |
| Court costs in modification of prior disposition order when modification hearing waived, juvenile court's authority to assess | LO97-074 |
| Court reporter service fee under section 51.601 of the Government Code, county clerk may not collect if the county court has not appointed an official court reporter | GA-0372 |
| Court reporter serving under Family Code chapter 201, subchapter C, is an "official court reporter" for purposes of section 52.047 of the Government Code and may charge fee for preparing transcript | GA-0164 |
| Court reporter transcript fees are not salary supplements and do not violate section 659.020 of the Government Code which prohibits salary supplements to state employees | GA-0164 |
| Courthouse security fee, when collectible from defendant | LO97-025 |
| Courthouse security fund, clip-on microphones for deputy sheriffs' portable radios are not "security hardware" that commissioners court may purchase with monies from | JC-0014 |
| Courthouse security fund, monies may not be used to fund employee of county attorney's office who provides courthouse security | LO98-026 |
| Defensive driving course fee, justice of the peace must deposit into county treasury | LO98-067 |
| District clerk court fees, whether they constitute county funds that must be deposited in county treasury pursuant to statutory timetable is determined on fee by fee basis | JC-0031 |
| District clerk must collect filing fees under both sections 133.151 and 133.152 of the Local Government Code | GA-0491 |
| Ex post facto prohibitions, Texas Government Code section 51.608 authorizes assessing nonpunitive court costs based on statutes existing on the date of conviction and therefore does not violate ex post facto prohibitions in the United States and Texas Constitutions | GA-1034 |
| Exemption for state from paying security for court costs in civil cases | DM-0459 |
| Family protection fee revenues may be used for court-related purposes without contravening the open courts provision, article I, section 13 of the Texas Constitution | GA-0231 |
| Fee collected as court cost for services of prosecuting attorney in court-ordered mental health proceeding should be deposited with county treasurer rather than paid as salary supplement to county attorney | LO98-053 |
| Fees and costs authorized by county commissioners court pursuant to section 51.702 of the Government Code, statutory county court may collect although collection may be declared unconstitutional by different district court or appellate court | JC-0098 |
| Fees and costs collected under section 51.702 of the Government Code used to supplement salaries of county court at law judges | GA-0462 |
| Fines and costs, allocation when justice orders a defendant to pay in installments but defendant does not pay total amount due | GA-0147 |
| Funds distributed to a county by the state pursuant to section 25.0016 of the Government Code, judges' salaries are a court-related purpose for the support of the judiciary for which funds may be used | JC-0158 |
| Government Code section 51.851 authorizes the clerk of certain courts to collect a $20 fee on the filing, including electronic filing, of any civil action or proceeding requiring a filing fee, including an appeal and certain other filings | GA-1046 |
| Government Code subsection 51.607 as a whole describes costs or fees that are judicial in nature. | GA-1055 |
| Government Code subsection 51.607(a) provides an illustrative list of the types of court costs or fees applicable under the subsection. | GA-1055 |
| Government Code subsection 51.607(a)directs the Comptroller to identify laws "that impose[] or change[] the amount of a court cost or fee." | GA-1055 |
| Income withholding writ, fees for issuing and delivering | LO93-094 |
| Interpreter, judge may not assess fee on criminal defendants for cost of | DM-0245 |
| Jury fee, judge may not set different amount unless commissioners court has abused its discretion in setting | LO97-009 |
| Justice of the peace fees for issuing certified birth and death records, constitutionality under article XVI, section 61 of statute authorizing justice to retain fees in addition to salary | GA-0145 |
| Law library fund charge may be collected for civil case filed in probate court | LO94-042 |
| Marriage ceremony, justice may receive fee for performing | DM-0397 |
| Medication petition hearing, action is distinct from commitment action and may be assigned separate cause number and filing fee | JC-0088 |
| Notice for well-plugging, filing fees payable by Railroad Commission when filing | DM-0360 |
| Occupational driver's license application, filing fee for | LO96-131 |
| Open courts provision of Texas Constitution prohibits collection and allocation of one-half of family protection fee to fund state agency program | GA-0387 |
| Open courts provision requires fees charged to litigants to be used only to support judiciary | GA-0340 |
| Payment plan reinstated after default, court may not assess a second time payment fee | LO98-076 |
| Peace officer fees, municipality entitled to fee for a warrant executed by municipal officer and must submit bill to court having jurisdiction of the case | LO92-055 |
| Petition for order of nondisclosure, proper fee for | GA-0330 |
| Petition for order of nondisclosure, trial court jurisdiction | GA-0330 |
| Probation defendant is not subject to conditions of community supervision, including the payment of fines, fees, and court costs, as of the date the period of community supervision expires | GA-0413 |
| Probation, authority to modify conditions of probation to require payment in lieu of community service | GA-0593 |
| Proceeding in which there is no adjudication of guilt, court may not impose fees and court cost in | LO93-018 |
| Proceedings for court-ordered mental health services conducted in Travis County, collection of costs where another county is responsible for them (Clarifies Tex. Att'y Gen. Op. No. JC-0102 (1999)) | JC-0222 |
| Records management and automation projects, records management and preservation fee may be spent only for | LO92-007 |
| Records management and preservation fee collected under Local Government Code sections 118.011 and 118.0216 and article 102.005(f) of Code of Criminal Procedure, use and distribution of | GA-0638 |
| Records management and preservation fee must be imposed equally on all documents or on none | LO92-077 |
| Records management and preservation fee, county court clerk may collect only upon filing of document initiating adverse probate action | LO93-078 |
| Records management and preservation fee, total county court clerk may collect | LO93-078 |
| Records management and preservation projects, records management and preservation fee may be used only for county clerk's | LO92-077 |
| Release of judgment, clerk may not charge filing fee for services in connection with execution and preparation of | DM-0174 |
| Resolution requiring payment of additional amount in court costs, state provision authorizing commissioners court to adopt is unconstitutional | DM-0123 |
| Salary formula set out in section 25.0005(e) of the Government Code, county that wishes to compensate a statutory county court judge in accordance with must use at least fifty percent of the funds distributed to county pursuant to section 25.0005(e) for s | JC-0158 |
| Salary supplement fee in a proceeding for court-ordered mental health services, a commissioners court may set as a court cost and pay to the county judge who hears such matters away from the county courthouse, and an amount equal to the fee may not be ded | GA-0244 |
| Security fee may be collected for civil case filed in probate court | LO94-042 |
| Service of process by registered or certified mail, justice court fees for | DM-0250 |
| Service of process, collection | DM-0382 |
| Services of county clerk in mental health matters, Titus Regional Medical Center which is operated by the hospital district is exempt from paying application fee under section 118.055 of Local Government Code for | GA-0757 |
| Special expense imposed under article 45.051, Code of Criminal Procedure, is not a fine under section 12.107, Parks and Wildlife Code, to be remitted to the to the Parks and Wildlife Department | GA-0745 |
| Statutory probate court, the filing fee in Local Government Code section 133.154 does not apply to cases filed in a | GA-0568 |
| Teen court program, municipal court authority to impose administrative cost fee and other court costs | DM-0372 |
| The fee amounts mandated by Government Code section 51.851 apply to fees that became payable on or after September 1, 2013 | GA-1046 |
| Time payment fee assessed once per order | DM-0464 |
| Time payment fee is cost of court for purposes of priority of payment | DM-0464 |
| Time payment fee, fee must be assessed once per judgment of conviction when defendant opts not to pay fine, court costs, or restitution immediately | LO98-076 |
| Time-payment fee collected under section 51.921(a) of Government Code, the phrase "judicial officer who collected the fees" in section 51.921(d) refers to the clerk of the court | JC-0306 |
| Transcript prepared by a court reporter, a county may be required to pay fees for a transcript when the county itself is a party to litigation or when transcript is prepared for indigent | GA-0155 |
| Uncertified copy of judicial record, fee for | DM-0166 |
| Under Government Code subsection 51.607(a), the phrase "fee or charge for services or to cover the expenses of a public official or agency" is not a separate category unto itself. | GA-1055 |
| Witness fee, any person who is subpoenaed to appear and testify is entitled to regardless of the location set in the subpoena | DM-0342 |
| Justice |
| A court-appointed investigator does not hold a "civil office" under Texas Constitution article 16, section 40 and is not an "officer" as that term is defined for purposes of the common-law incompatibility doctrine | GA-1030 |
| Abolition of justice precinct by redistricting, article V, section 18(c) of Texas Constitution provides that justice of the peace will serve out full term in precinct where he or she resides and justice cannot be required to resign | JC-0483 |
| Adjudication of a charge of violating the Parks and Wildlife Code and impose a special expense without assessing a fine, justice of the peace may defer | GA-0745 |
| Alcoholic beverage offenses involving minors, jurisdiction | DM-0427 |
| Although no statute prohibits an interlocal agreement between a school district and a county whereby attendance officers employed by the district would simultaneously serve as juvenile court coordinators in the justice of the peace courts, the propriety of such an arrangement should be addressed to the State Commission on Judicial Conduct | GA-0912 |
| Appeal bond or affidavit of inability to pay costs, appellant who files need not pay Rule 143a cost to perfect appeal | DM-0449 |
| Appointment to represent an indigent criminal defendant in appellate proceedings, whether a justice may accept | GA-0651 |
| Arrest warrant, filing of affidavit in support by justice court does not stop running statute of limitations for class A or B misdemeanor | LO95-081 |
| Autopsy in out-of-county death, justice of the peace does not have authority to order | LO94-060 |
| Autopsy report in custody of justice of the peace is available for inspection under section 27.004 of the Government Code | JC-0542 |
| Bail by telephone, justice of the peace may not set for person who has not yet appeared before a magistrate | DM-0057 |
| Bailiff - authority of a justice court to employ | KP-0201 |
| Because the initial determination of whether a public expenditure to a justice of the peace who refuses to perform his duties upon resignation is gratuitous belongs to the commissioners court, we cannot conclude as a matter of law that the officer in these circumstances is entitled to salary, expenses, allowances, and other benefits provided by the county. | KP-0007 |
| Code of Criminal Procedure articles 17.16 and 17.19, after a person makes bail but before a formal charging instrument is filed in the county, county court-at-law or district court, prosecution is pending before the magistrate who properly received a complaint against the accused under | GA-1021 |
| Complaint against defendant who has failed to successfully complete driving safety course, whether justice of the peace may dismiss | DM-0230 |
| Conflict of interest, whether administering polygraph examinations for criminal district attorney's office on criminal defendants is prohibited is matter for State Commission on Judicial Conduct to determine | GA-0551 |
| Constable required by statute to attend all justice court sessions | LO98-101 |
| Contempt action in connection with Health and Safety Code section 573.012 could likely be brought by court with jurisdiction over mental health proceedings | KP-0206 |
| Contempt of justice court order, child who commits may be detained prior to adjudication in accordance with Juvenile Justice Code | GA-0131 |
| Contempt, justice court may not order child to be confined for a term of detention for | JC-0454 |
| County official, justice of the peace is for purposes of Code of Criminal Procedure article 26.06
| GA-0651 |
| Criminal cases, justice court has jurisdiction only in those in which possible fine does not exceed five hundred dollars (Overruled by Tex. Att'y Gen. Op. No. DM-277 (1993)) | LO92-023 |
| Criminal docket, justice of the peace may maintain electronically in addition to or in lieu of printed paper media | DM-0139 |
| Death certificate, authority to issue when death occurred with medical attendance | LO93-028 |
| Death certificates, authority of justice of the peace or county court at law to cause an amendment to | GA-0718 |
| Defensive driving course fee, justice of the peace must deposit into county treasury | LO98-067 |
| Deputy constable, justice of peace may not serve as in same precinct, but may do so in different precinct | LO92-035 |
| Deputy sheriff, justice of peace may serve as in different county | LO92-035 |
| Dual office holding prohibitions, justices of the peace not subject to | LO96-078 |
| Dual office holding, justice of the peace is not barred by dual office holding provisions from simultaneous service as county emergency medical services employee | GA-0569 |
| El Paso County Bail Bond Board, justice of the peace member should be selected by and from among eligible justices of the peace of the county by any reasonable method | JC-0496 |
| Emergency medical records, justice of the peace may subpoena when required to perform an inquest | LO97-033 |
| Employee liability for shortage of collections | DM-0324 |
| Failure to attend school, court must dismiss complaint filed by a school district against student for failure to attend school if district did not file complaint within seven days of student's tenth unexcused absence within a six-month period in same school year | GA-0417 |
| Fee for preparing transcript for appeal of judgment, justice of the peace may not require appealing party to pay in advance | LO96-108 |
| Fees for issuing certified birth and death records, constitutionality under article XVI, section 61 of statute authorizing justice of the peace to retain fees in addition to salary | GA-0145 |
| Filing fee, justice court authority to charge a fee for filing a petition applying for an occupational driver's license | GA-1044 |
| Fines and costs that are more than 60 days delinquent, a county commissioners court that contracts with a collection agent to does not thereby abrogate the justice court’s authority to collect or otherwise dispose of the fines and costs | GA-0313 |
| Fines and costs, allocation when justice orders a defendant to pay in installments but defendant does not pay total amount due | GA-0147 |
| Forcible entry and detainer suits, whether private process servers may serve citations | GA-0112 |
| Government Code chapter 27 and Occupations Code chapter 1702, neither prohibits a justice of the peace from serving as a court-appointed investigator to represent an indigent defendant in a felony case | GA-1030 |
| Hearing for child referred to juvenile court for contempt, hearing must be conducted as that for a child who has engaged in delinquent conduct | JC-0454 |
| Incompatibility of offices, justice of the peace not barred from serving as juvenile law master, but must comply with Code of Judicial Conduct | LO96-078 |
| Inquest hearing, necessity for must be determined at time of inquest; if findings are rendered at inquest as to cause of death, justice of peace may not subsequently order inquest hearing | JM-1202 |
| Inquest, justice of the peace must order if nursing home resident not attended by physician at time of death or physician attending resident's death is unable to certify cause | LO96-119 |
| Inquest, no one but justice of the peace who serves precinct where the body was found (or temporary justice) may conduct | JC-0083 |
| Jurisdiction of Alcoholic Beverage Code prosecutions of minors | DM-0320 |
| Jurisdiction over minors for Alcoholic Beverage Code offense punishable by fine only | LO90-004 |
| Jurisdiction to hear truancy cases, justice court has jurisdiction if juvenile court has waived its exclusive jurisdiction
| JC-0110 |
| Jurisdiction under Code of Criminal Procedure articles 47.01a(a) and 47.02 to award title or ownership of a motor vehicle
Jurisdiction to award title or ownership of a vehicle in enforcing a lien under Government Code section 27.031 | GA-0761 |
| Jury selection, use of volunteers | GA-0336 |
| Justice court lacks jurisdiction to issue tax warrant where amount of delinquent taxes exceeds $5,000 | LO96-098 |
| Justice court may use an electronic monitoring device as a condition of deferment of final disposition or probation for an individual found to have committed an offense under section 25.094, Education Code, only if the use of the device in a given proceeding is reasonable | GA-0713 |
| Justice Court Technology Fund may not be used for constable education and training | GA-0560 |
| Justice of the peace, a court would likely conclude that a J.P. is not a "judge of a court with jurisdiction in family law cases" for purposes of Family Code subsection 2.204(c) and thus may not grant waiver of the 72-hour waiting period after issuance of a marriage license | GA-1053 |
| Misdemeanor for unauthorized practice of architecture punishable by fine, complaints may be filed in justice court | DM-0277 |
| Original jurisdiction over fine-only misdemeanors under article V, section 19 of Texas Constitution; statutory limitation in Code of Criminal Procedure unconstitutional | DM-0277 |
| Overtaking and passing a school bus, whether offense of should be prosecuted in justice or county court | DM-0285 |
| Pay scale differential for justices of the peace as violative of Equal Protection Clause | DM-0051 |
| Precinct boundary change, justice of the peace in office on effective date of change does not lose his office but rather serves in new precinct of residence for term to which justice was elected or appointed | LO93-045 |
| Purchase of computer from Justice Court Technology Fund, whether purchase for constable serves as technological enhancement for justice court is fact question to be determined by commissioners court | GA-0560 |
| Racing on the highway by a person younger than 17 years of age is a traffic offense rather than delinquent conduct or conduct indicating a need for supervision and is within the jurisdiction of a justice or municipal court | GA-0157 |
| Rent action, service of defendant according to rules in forcible entry and detainer suit does not confer personal jurisdiction in | DM-0358 |
| Restitution for dishonored check collected by justice of the peace need not be deposited with treasurer | DM-0396 |
| Salary, a county may not pay a justice of the peace an amount over and above the justice's to perform an inquest or serve as a magistrate | GA-0193 |
| Service of process by registered or certified mail, who may perform | DM-0250 |
| Truancy complaint, court may compel appearance of alleged truant and custodian at hearing by endorsing summons ordering custodian to appear and to bring alleged truant
| JC-0110 |
| Truancy offenses, expunction orders' applicability to records of juvenile probation department | KP-0073 |
| Truancy proceeding, child has right to counsel before justice of the peace (Overruled by Court Decision, 980 S.W.2d 788) | DM-0200 |
| Truancy proceeding, juvenile court not required to hold hearing prior to waiving jurisdiction and transferring to justice of the peace (Overruled by Court Decision, 980 S.W.2d 788)
| DM-0200 |
| Vacancy in office of justice of peace, commissioners court is required to fill (Overruled to extent inconsistent with Tex. Att'y Gen. Op. No. JC-0140 (1999)) | LO98-037 |
| Wire county funds from local bank to county depository, justice of the peace may | LO98-004 |
| JUVENILE |
| A court would likely conclude that the prosecutor of a juvenile maintains discretion under Family Code subsection 65.252(d) to prosecute a child for delinquent conduct as set forth in Family Code subsection 51.03(a)(2)(C) even on a child's initial referral to juvenile court. | KP-0064 |
| A court would likely conclude that under Family Code subsection 65.251(b), a truancy court may refer a child to the juvenile probation department for either failure to obey a truancy order or direct contempt; however, such a referral requires two prior instances of contemptuous conduct regardless of form -- either failure to obey a truancy order or direct contempt. | KP-0064 |
| Although no statute prohibits an interlocal agreement between a school district and a county whereby attendance officers employed by the district would simultaneously serve as juvenile court coordinators in the justice of the peace courts, the propriety of such an arrangement should be addressed to the State Commission on Judicial Conduct | GA-0912 |
| Confidentiality of records in juvenile misdemeanor cases and interpretation of the "confidentiality statutes": Texas Code of Criminal Procedure articles 44.2811 and 45.0217, and Family Code section 58.00711. Amendments of the Eighty-third Legislature do not render confidentiality statutes irreconcilable. | GA-1035 |
| Failure to attend school, court must dismiss referral filed by school district against a student for failure to attend school if district did not file complaint within seven days of student's tenth unexcused absence within a six-month period in same school year | GA-0417 |
| Paper-based and electronic records and files of closed juvenile cases, Family Code subsection 58.0071(c) authorizes a juvenile board, law enforcement agency, or prosecuting attorney to permanently destroy subject to the restrictions of subsections 58.0071(d) and (e). | GA-1017 |
| Physical records and files, Family Code subsection 58.0071(b) authorizes custodian of in juvenile case, to destroy hard-copy, original paper records and files at any time if the custodian electronically duplicates and stores the information in the records and files | GA-1017 |
| Sex offender registration of juvenile, juvenile court’s deferral of decision on during treatment | GA-0772 |
| Truancy offenses, expunction orders' applicability to records of juvenile probation department | KP-0073 |
| Legislation and Legislative Authority |
| Subdivision, a county may regulate as, the partition of land for a residential development in the unincorporated portion of the county under chapter 232 of the Local Government Code regardless of whether there has been a transfer of title to individual tracks | GA-1007 |
| Municipal |
| Alcoholic beverage offenses involving minors, jurisdiction | DM-0427 |
| Assistant municipal judge, unless court finds holding second office benefits the State of Texas, member of board of directors of river authority may not also serve as | LO97-027 |
| Autopsy, municipal judge does not have authority to order | LO97-101 |
| Bail bonds, a municipal court must require from an attorney acting as surety for a client evidence of the sufficiency of the security offered as provided by chapter 17 of the Code of Criminal Procedure | JC-0277 |
| City finance director, whether service as temporary municipal judge in same city violates Code of Judicial Conduct | GA-0199 |
| Civil officer of emolument, municipal judge of City of Houston is | LO98-124 |
| Commitment order for person accused of class A or B misdemeanor, authority of municipal judge to issue | DM-0313 |
| Compensated, part-time, municipal judge, article XVI, section 40 of Texas Constitution prohibits a commissioner of a drainage district from simultaneously serving as a | GA-0841 |
| Confidentiality of grand jury lists, judge's or clerk's duty to maintain | GA-0422 |
| Confidentiality of petit jury lists, judge's or clerk's duty to maintain | GA-0422 |
| Dangerous dog, a municipal court’s jurisdiction to adjudicate compliance hearings under Health and Safety Code section 822.042 and appeals from dangerous-dog determinations under section 822.421 | GA-0660 |
| Examining witnesses, municipal judge's authority if the state is not represented by counsel when the case is called for trial | GA-0067 |
| Failure to attend school, court must dismiss complaint filed by a school district against a student for failure to attend school if school district did not file complaint within seven days of student's tenth unexcused absence within a six-month period in same school year | GA-0417 |
| Former district judge sitting by assignment holds "office" and thus is barred from simultaneously serving as municipal judge | LO96-145 |
| Judgment nisi, municipal judge does not have discretion to waive entry in case where attorney acts as surety for client | JC-0277 |
| Jurisdiction over minors for Alcoholic Beverage Code offense punishable by fine only | LO90-004 |
| Jurisdiction under Code of Criminal Procedure articles 47.01a(a) and 47.02 to award title or ownership of a motor vehicle
| GA-0761 |
| Magistrate’s probable cause determination in a nonconsent tow hearing conducted in municipal court under chapter 685, Transportation Code is final and no appeal is authorized | GA-0316 |
| Municipal courts not required to report juvenile convictions for misdemeanor offense of possession of drug paraphernalia to Department of Public Safety | KP-0150 |
| Office of municipal judge, county attorney automatically vacated position when he became county attorney | LO98-044 |
| Persons arrested by deputy constables for state-law violations, city council may prohibit the use of the municipal jail as a holding facility while arrested persons wait to appear before a magistrate, to post bond, or to be transported to a county facilit | GA-0166 |
| Police officer not as a matter of law prohibited from serving as municipal judge in a different city | LO93-059 |
| Racing on the highway by a person younger than 17 years of age is a traffic offense rather than delinquent conduct or conduct indicating a need for supervision and is within the jurisdiction of a justice or municipal court | GA-0157 |
| Reschedule qualified, nonexempt prospective jurors without requiring them to appear in court, a municipal court may adopt a policy under which it may | GA-0161 |
| Simultaneous judgeships in more than one jurisdiction, authority of person to hold | DM-0428 |
| State Commission on Judicial Conduct, whether Canons of Judicial Conduct prohibit municipal judge from concurrent service as county commissioner is question for | GA-0348 |
| Teen court program, municipal court authority to impose administrative cost fee and other court costs | DM-0372 |
| Terminate municipal judge's tenure in office, rejection by city council of reappointment is sufficient action to even though successor is not timely appointed | LO97-020 |
| Theft cases involving issuance of bad check, municipal court has jurisdiction over when property or services involved is less than $20 | DM-0082 |
| Truancy offenses, expunction orders' applicability to records of juvenile probation department | KP-0073 |
| Trustee of junior college not barred from simultaneously serving as municipal judge | JC-0216 |
| Warrant division of municipal court of record, authority of general law city to appoint uniformed warrant officers authorized to serve process and serve as bailiff | JM-1222 |
| Truancy Court |
| Truancy offenses, expunction orders' applicability to records of juvenile probation department | KP-0073 |
