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Duties
The Justice of the Peace is the legal jurisdiction
closest to the average citizen.
Section 19 of Article 5 of the Texas Constitution
provides that: Justice of the Peace courts have original jurisdiction
in criminal matters of misdemeanor cases punishable by fine only
and such other jurisdiction as may be provided by law. Original
jurisdiction is the authority to accept a case at its inception,
try it and pass judgment based upon the laws and facts. This is
distinguished from appellate jurisdiction, which is jurisdiction
to review a court's action. The Justice of the Peace performs the
function of a magistrate and conducts inquests.
A Justice of the Peace may issue warrants for search
and arrest, conduct preliminary hearings, administers oaths, perform
marriages and serve as a coroner in counties where there is no
provision for a medical examiner. The justice court also functions
as a small claims court in civil matters in which exclusive jurisdiction
is not in district or county court and the amount in controversy
does not exceed $5,000. They can also deal with matters concerning
foreclosure of mortgages and enforcement of liens on personal
property.
Department Objectives
The Justice of the Peace is the very base of the
Judicial Pyramid. Criminally, we have jurisdiction over Class C
Misdemeanor cases with fine only. In Civil court, our jurisdiction is
$5,000.00. The Justice Court Judge has jurisdiction over all eviction
suits and may issue warrants for arrests plus search warrants.
The Justice of the Peace's Magistrate duties include: bail settings,
arraignments, peace bonds, stolen property hearings and drivers
license suspension hearings. The court collects fines and fees
for cases filed. The Justice of the Peace conducts inquests and
is the Coroner for the County. We file Issuance of Bad Checks
and hold Juvenile Detention Hearings.