Justice of the Peace Courts

Duties of the Office of Justice of the Peace

• Jurisdiction:
  • The power of a court to hear and decide the outcome of a case.
  • Without jurisdiction, a court cannot act; any action taken is void.
  • The Justice Court has jurisdiction in misdemeanor criminal cases punishable by fine only and such other non-jail sanctions as specified by law.
  • The Justice Court has jurisdiction in civil matters where the amount in controversy is $10,000.00 or less (the same for the Small Claims Court).
• Venue:
  • The geographic place where a case may be tried (generally in the county where offense was committed).
  • JP Court in a county of less than 225,000 population:
    • In the precinct where the offense occurred.
    • In the precinct where the defendant resides in the county.
    • Any precinct in the county with the written consent of the State and the defendant.
  • JP Court in a county of 225, 000 population or more:
    • Only in the precinct where the offense occurred.
  • Venue in civil and small claims matters is more complicated, but generally is where the defendant resides.
• Complaints:
  • Must be reduced to writing, signed by the complainant and sworn to.
  • Grand jury indictment is required for a felony offense.
  • Criminal information is required for misdemeanors above fine-only level (A & B).
  • The written notice to appear (citation or ticket) is sufficient to place the case on the JP court docket until the defendant pleads “Not Guilty”, and then the sworn complaint is required to proceed to trial.
• Contempt powers are vested in the Justice Court to:
  • Ensure that the business of the Court is dispatched with dignity and decorum.
  • Enforce the jurisdiction and orders of the Court.
  • Place the contemnor in the county jail without trial or appeal for a period not to exceed three days plus a fine not to exceed $100.00.
• The Small Claims Court:
  • Each Justice of the Peace presides over a Small Claims Court; $10,000.00 jurisdiction.
  • Most rules of court do not apply
  • Simplified procedure for swift, simple disposition of matters.
  • Judgments for money only.
• Coroner responsibilities:
  • In counties not served by a medical examiner.
  • Conduct an inquest to determine manner and cause of death of deceased persons who die unattended by medical personnel.
  • Complete and furnish a death certificate.
• Weddings:
  • The Justice of the Peace is authorized to perform weddings and charges fees for the service.
  • Fees do not go to the county or state; personal property of the JP.
  • Weddings may be performed on county property during business hours.
• Administrative Hearing Officer:
  • Habitual violators of traffic laws.
  • Texas traffic offenders in other states with unpaid fines.
  • Medical advisory board driver license determinations.
  • Violators of driver license restrictions.
  • Appeals from revocation or denial of concealed handgun licenses.