The
Justice of the Peace Court is a constitutional office whose origins
date back to the early days of Texas statehood. Justice of the peace
courts have original jurisdiction in Class C misdemeanor criminal cases,
which are less serious minor offenses. These courts also have jurisdiction
of minor civil matters. A justice of the peace may issue search or arrest
warrants, and may serve as the coroner in counties where there is no
provision for a medical examiner. These courts also function as small
claims courts. The Justices are elected to a four-year term of office
by the voters residing in that precinct. Additionally, justices of the
peace are required by law to complete a 40-hour course covering the
proper execution of that office's duties the first time they serve.
After that, they must complete twenty hours of relevant coursework per
year.
The following is a partial list
of the functions that these courts oversee:
Magisterial Duties
Determines probable cause,
issues arrest warrants, issues both adult and juvenile statutory warnings,
and conducts bail examinations for arrested person.
Determines whether there is
reasonable probability of a judgment being rendered against a person
as a result of an accident while operating a motor vehicle without
insurance.
Conducts reviews for sufficiency
and issuance of search warrants.
Reviews applications for emergency
detention and issues mental health and dependency warrants.
Conducts hearings concerning
the disposition of stolen property.
Conducts handgun license denial
hearings.
Conducts driver's license suspension
hearings.
Conducts death investigations
and orders autopsies.
Conducts towing hearings.
Conducts review for sufficiency
and issuance of warrants to seize cruelly treated animals
Conducts hearings to determine
disposition of animals.
Conducts hearings to review
dangerous dog determination.
Administrative Duties
Performs marriage ceremonies.
Handles and collects fees,
fines and court costs.
Manages bank deposits.
Prepares report for auditor
and treasurer.
Supervises employees.
Prepares correspondence to
defendants and parties to litigation as required by statute.
Criminal Jurisdiction
Reviews and files citation
issued and complaints filed by local law enforcement agencies, including
Constable, Sheriff, Department of Public Safety, etc.
Reviews requests for driving
safety courses, files complaints for failure to appear and issues
warrants, conducts show cause hearings, allows extension of time in
which to complete course, dismisses cases, or imposes judgments.
Reviews documents in connection
with charges of no insurance, expired driver's license, expired registration,
and expired inspection.
Undertakes efforts to satisfy
judgment, issues capias pro fines, conducts indigency hearings.
Collects restitution.
Handles failure to attend school
offenses against juveniles.
Civil Jurisdiction
Files petitions instituting
civil action within the jurisdiction of Justice Court.
Files petitions instituting
proceedings to enforce deed restrictions.
Files petitions instituting
evictions from residential and commercial properties.
Files petitions instituting
civil action within the jurisdiction of the Small Claims Court. Amount
not to exceed $10,000.
For
further information
on the court system in Texas,
Clay Poynor
Republican Candidate Justice of the Peace
Precinct 4
Wise County TX
PO
Box 1197
Bridgeport TX 76426