Can a Texas county court at law judge decide felony cases when assigned to a district court?

TX AG Opinion GA-0570: Can a county court at law judge decide felonies when assigned to a district court?

Plain-English summary

Texas has different trial courts with different jobs. District courts handle felony criminal cases. Statutory county courts at law handle a more limited set of matters, and in Kendall and Kerr Counties they do not have felony jurisdiction at all. To help manage crowded criminal dockets, a Kendall County judge suggested that the presiding judge of the Sixth Administrative Judicial Region assign each county's county court at law judge to hear certain district court felony cases. Some people objected, arguing that doing so would be an attempt to change the jurisdiction of the county courts at law, which only the Legislature can do under article V, section 1 of the Texas Constitution. Kerr County Attorney Rex Emerson asked the Attorney General to resolve it.

The Attorney General concluded the assignment was proper and constitutional. The state is divided into administrative judicial regions, each with a presiding judge appointed by the governor. A presiding judge can assign the judges of the region to hold court in any county in the region to try cases and clear accumulated business, and may assign a statutory county court judge to a district court in that judge's county of residence. An assigned judge has all the powers of the court to which the judge is assigned. Texas courts have confirmed that a county court at law judge sitting in district court by proper assignment may hear, determine, and sign a judgment in a matter outside the county court's own jurisdiction.

So the answer was yes: pursuant to a proper assignment by the presiding judge, a statutory county court judge may hear and decide a felony case in a district court within the judge's county of residence. The key point for the constitutional concern is that the assignment lets the individual judge sit as a district judge for those cases. It does not enlarge or change the jurisdiction of the county court at law itself, so it does not run afoul of article V, section 1.

Currency note

This opinion was issued in 2007. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

The Government Code provisions on judicial assignment and the statutes establishing these county courts at law may have changed since 2007. Confirm current law before relying on this analysis.

Who this opinion affected (as of 2007)

Presiding judges of administrative judicial regions: The opinion confirmed their authority to assign a statutory county court judge to a district court in the judge's county of residence to hear felony cases, in order to manage accumulated business.

County court at law judges sitting by assignment: The opinion explained that, on a proper assignment, such a judge has all the powers of the district court and may hear, decide, and sign judgment in a felony case, even though the county court at law itself lacks felony jurisdiction.

Defendants, prosecutors, and county officials in these districts: The opinion addressed the worry that the practice would unconstitutionally change county court jurisdiction by clarifying that the assignment affects only the judge's authority to sit, not the county court's jurisdiction.

Common questions

Do Texas county courts at law have felony jurisdiction?
Not these ones. The statutes establishing the Kendall and Kerr County courts at law do not grant them felony jurisdiction, and county courts generally do not have jurisdiction in felony cases. District courts have felony jurisdiction.

How can a county court at law judge end up deciding a felony case, then?
Through assignment. The presiding judge of the administrative judicial region may assign a statutory county court judge to a district court in the judge's county of residence, and an assigned judge has all the powers of the court to which assigned.

Does the assignment change the county court at law's jurisdiction?
No. The assignment lets the individual judge sit as a district judge for the assigned cases. It does not change the jurisdiction of the county court at law, so it does not violate article V, section 1 of the Texas Constitution.

Was this confirmed by the courts?
Yes. Texas courts have held that a county court at law judge under a proper assignment may sit for a district judge in the same county, and have upheld a felony conviction in a district court presided over by a county court at law judge sitting by assignment.

Background and statutory framework

District courts have felony jurisdiction (Tex. Const. art. V, § 8; Tex. Code Crim. Proc. Ann. art. 4.05). The statutory county courts in Kendall and Kerr Counties were not given felony jurisdiction, and statutory county courts generally have only the criminal jurisdiction prescribed for county courts, which does not include felonies (Tex. Gov't Code Ann. §§ 25.1321-22, 25.1351-52, 25.0003, 26.045 (Vernon 2004), amended by Act of May 21, 2007, 80th Leg., R.S., ch. 612, § 11, 2007 Tex. Sess. Law Serv. 1173-74). Kendall and Kerr Counties lie within the 216th and (for Kerr) 198th Judicial Districts (Tex. Gov't Code Ann. §§ 24.275, .377), and within the Sixth Administrative Judicial Region (Tex. Gov't Code Ann. § 74.042(a), (g)).

The governor appoints a presiding judge for each administrative region (Tex. Gov't Code Ann. § 74.005(a)). A presiding judge assigns the judges of the region to hold court in any county of the region to try cases and dispose of accumulated business (Tex. Gov't Code Ann. § 74.056(a)), and may assign a statutory county court judge to a district court in the judge's county of residence (Tex. Gov't Code Ann. § 74.054(a)(1), (b)). An assigned judge has all the powers of the court to which assigned (Tex. Gov't Code Ann. § 74.059(a)). Texas courts have confirmed that a statutory county court judge may hear, determine, and sign a judgment in a matter pending in district court outside the county court's jurisdiction (Camacho v. Samaniego, 831 S.W.2d 804, 811 (Tex. 1992) (citing Tex. Gov't Code Ann. § 74.094(a)); In re Nash, 13 S.W.3d 894, 898 (Tex. App.-Beaumont 2000, orig. proceeding)), and have upheld a felony conviction in a district court presided over by a county court at law judge sitting by assignment (Lopez v. State, 57 S.W.3d 625, 628-29 (Tex. App.-Corpus Christi 2001, pet. ref'd)). The assignment authorizes the judge to sit as judge of the district court and does not change the jurisdiction of the county court at law.

Citations

Constitution, statutes, and session laws:

• Tex. Const. art. V, § 1
• Tex. Const. art. V, § 8
• Tex. Code Crim. Proc. Ann. art. 4.05 (Vernon 2005)
• Tex. Gov't Code Ann. §§ 24.275, .377 (Vernon 2004)
• Tex. Gov't Code Ann. §§ 25.1321-22 (Vernon 2004)
• Tex. Gov't Code Ann. §§ 25.1351-52 (Vernon 2004)
• Tex. Gov't Code Ann. § 25.0003 (Vernon Supp. 2006)
• Tex. Gov't Code Ann. § 26.045 (Vernon 2004)
• Act of May 21, 2007, 80th Leg., R.S., ch. 612, § 11, 2007 Tex. Sess. Law Serv. 1173-74
• Tex. Gov't Code Ann. § 74.042(a), (g) (Vernon 2005)
• Tex. Gov't Code Ann. § 74.005(a) (Vernon 2005)
• Tex. Gov't Code Ann. § 74.054(a)(1), (b) (Vernon 2005)
• Tex. Gov't Code Ann. § 74.056(a) (Vernon 2005)
• Tex. Gov't Code Ann. § 74.059(a) (Vernon 2005)
• Tex. Gov't Code Ann. § 74.094(a) (Vernon 2005)

Cases:

• Camacho v. Samaniego, 831 S.W.2d 804, 811 (Tex. 1992)
• In re Nash, 13 S.W.3d 894, 898 (Tex. App.-Beaumont 2000, orig. proceeding)
• Lopez v. State, 57 S.W.3d 625, 628-29 (Tex. App.-Corpus Christi 2001, pet. ref'd)

Source

• Landing page: https://www.texasattorneygeneral.gov/opinions/greg-abbott/ga-0570
• Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/2007/ga0570.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain - the linked PDF is authoritative.

ATTORNEY GENERAL OF TEXAS

GREG ABBOTT

September 20, 2007

The Honorable Rex Emerson
Kerr County Attorney
County Courthouse, Suite BA-103
700 Main Street
Kerrville, Texas 78028

Opinion No. GA-0570

Re: Whether a county court at law judge may render judgment in felony cases after the presiding judge of the administrative judicial region assigns him to district court (RQ-0581-GA)

Dear Mr. Emerson:

In an effort to help manage the Kendall County and Kerr County criminal dockets, a Kendall County judge has suggested that the Presiding Judge of the Sixth Administrative Judicial Region assign the county court at law judge of each county to hear certain district court felony offenses.[1] Other persons are concerned that the presiding judge's action would be an attempt to change the jurisdiction of the statutory county courts in violation of Texas Constitution article V, section 1. See Request Letter, supra note 1, at 1. This constitutional provision vests the judicial power of the state in specific courts "and in such other courts as may be provided by law," and authorizes the Legislature to "establish such other courts as it may deem necessary and prescribe the jurisdiction and organization thereof." TEX. CONST. art. V, § 1. You ask whether a county court at law judge who has been assigned to district court by the presiding judge of the administrative judicial region may render judgment in felony cases.

Kendall and Kerr Counties, along with two other counties, comprise the 216th Judicial District, and Kerr County is also included in the 198th Judicial District. See TEX. GOV'T CODE ANN. §§ 24.275, .377 (Vernon 2004). There is only one statutory county court in each county, and the statute creating these courts does not grant either one of them jurisdiction in felony cases. See id. §§ 25.1321-22 (establishing Kendall County Court at Law and providing certain jurisdiction), id. §§ 25.1351-52 (establishing Kerr County Court at Law and providing certain jurisdiction). Section 25.0003 states that statutory county courts have the jurisdiction over criminal proceedings prescribed by law for county courts, but county courts do not have jurisdiction in felony cases. See id. §§ 25.0003 (Vernon Supp. 2006); 26.045 (Vernon 2004), amended by Act of May 21, 2007, 80th Leg., R.S., ch. 612, § 11, 2007 Tex. Sess. Law Serv. 1173-74 (to be codified at TEX. GOV'T CODE ANN. § 26.045(c), (f)). The district courts have felony jurisdiction. See TEX. CONST. art. V, § 8; TEX. CODE CRIM. PROC. ANN. art. 4.05 (Vernon 2005).

Kendall and Kerr Counties are within the Sixth Administrative Judicial Region, one of the nine administrative judicial regions into which the state is divided. See TEX. GOV'T CODE ANN. § 74.042(a), (g) (Vernon 2005). The governor, with the advice and consent of the Senate, appoints one judge in each administrative region as presiding judge of the region. See id. § 74.005(a). Among other duties, "[a] presiding judge from time to time shall assign the judges of the administrative region to hold special or regular terms of court in any county of the administrative region to try cases and dispose of accumulated business." Id. § 74.056(a). The presiding judge may assign a statutory county court judge to a district court, if the district court is in the statutory county court judge's county of residence. See id. § 74.054(a)(1), (b). An assigned judge "has all the powers of the judge of the court to which he is assigned." Id. § 74.059(a). A statutory county court judge may "hear, determine, and sign a judgment in a matter pending in district court outside his court's jurisdiction." Camacho v. Samaniego, 831 S.W.2d 804, 811 (Tex. 1992) (citing Government Code section 74.094(a)); see also In re Nash, 13 S.W.3d 894, 898 (Tex. App.-Beaumont 2000, orig. proceeding) ("A county court at law judge under a proper assignment may sit for a district judge in a district court in the same county."). The presiding judge is authorized to assign the county court at law judge to a district court to sit as judge of the district court, and the order does not change the jurisdiction of the county court at law.

Pursuant to proper assignment by the presiding judge of the judicial region, a statutory county court judge is authorized to hear and decide a felony case in a district court within the judge's county of residence. See Lopez v. State, 57 S.W.3d 625, 628-29 (Tex. App.-Corpus Christi 2001, pet. ref'd) (defendant convicted of felony in district court presided over by county court at law judge sitting by assignment).

SUMMARY

Pursuant to proper assignment by the presiding judge of the judicial region, a statutory county court judge is authorized to hear and decide a felony case in a district court within the judge's county of residence.

Very truly yours,

GREG ABBOTT
Attorney General of Texas

KENT C. SULLIVAN
First Assistant Attorney General

NANCY S. FULLER
Chair, Opinion Committee

Susan L. Garrison
Assistant Attorney General, Opinion Committee

Footnotes

[1] Letter from Honorable Rex Emerson, Kerr County Attorney, to Honorable Greg Abbott, Attorney General of Texas, at 1 (Apr. 12, 2007) (on file with the Opinion Committee, also available at http://www.oag.state.tx.us) [hereinafter Request Letter].