Untitled Texas Attorney General Opinion ( 1975 )

EA~TORNEYGENERAI.
OF TEXAS
AURTIN. TEXAS 78711
June 11, 1975
The Honorable Tom Hanna Opinion No. H.- 62 5
Criminal District Attorney
Jefferson County Re: Whether the County Court
P. 0. Box 2553 of Jefferson County has concur-
Beaumont, Texas 77704 rent jurisdiction with the county
courts at law.
Dear Mr. Hanna:
You have requested our opinion as to jurisdictional perimeters of the
County Court of Jefferson County, asking:
Does the County Court of Jefferson County have
concurrent jurisdiction with the Jefferson County
Courts at Law in civil and criminal matters?
The jurisdiction of the County Court and the County Courts at Law of
Jefferson County have been prescribed by articles 1970-112, 1970-113, and
1970-126a, V. T. C. S.
Article 1970-112 provides in pertinent part as follows:
The County Court of Jefferson County at Law shall
have jurisdiction in all matters and cases, civil and
criminal, original and appellate, over which by the
general laws of the State the County Court of said County
would have jurisdiction, except as hereinafter provided
in [article 1970-113, V. T. C.S.], and all cases pending
in the County Court of said County other than probate
matters such as are provided in [article 1970-113,
V. T. C. S. ]shall be and the same are hereby transferred
to the County Court of Jefferson County at Law, and
all writs and process, civil and criminal, heretofore
issued by or out of said County Court, other than those
pertaining to matters which are hereby exempt by this
Act that are to remain in the County Court of Jefferson
p. 2768
i
The Honorable Tom Hanna. page 2 (H-625)
County, shall be and the same are thereby made return-
able to the County Court of Jefferson County at Law. -The
jurisdiction of the County Court of Jefferson County at
Law. and to the judge thereof, shall extend to all matters
of eminent domain of which jurisdiction as heretofore
vested in the County Court or in the County Judge; but
this provision shall not affect the jurisdiction of thexm-
missioners Court or the County Judge of Jefferson County
as the presiding officer of said Commissi&k+ Court as to
roads,bridges and public highways, or matters of eminent
domain which are now in the jurisdiction of the Commis-
sioners Court or the Judge thereof. (Emphasis added].
Article 1970-126a creates a second county court at law and gives to such
court the same jurisdiction as that conferred on the county court at law
referred to in article 19X&112.
Article 1970-113 further defines the respective jurisdiction of the Jefferson
County Court and the County Courts at Law as follows:
The County Court of Jefferson County shall retain,
as heretofore, general jurisdiction of the probate court,
and all jurisdiction conferred by law now over lprobate
matters, and the judge of the County Court of Jefferson
County at Law may act for the judge of the county court
in any juvenile, lunacy or--probate matter, and also
may perform for the county judge any and all ministerial
acts required by the laws of this state of the county
judge, and any and all acts thus performed by the judge
of the County Court at Law while acting for the county
court shall be valid and binding upon all parties to such
proceedings or matters, the same as if performed by
the county judge, provided that the powers thus given the
judge of the County Court of Jefferson County at Law shall
extend to and include all powers of the county judgekkizept his
powers and duties in connection with the transaction of the
business of the county as presiding officer of the CommisG
sioners Court, and the County Court of Jefferson County
as now and heretofore existing shall have all the juris-
diction which it now has, save and except that which is
given to the County Court of Jefferson County at Law by
p. 2769
The Honorable Tom Hanna, page 3 (~-625)
this Act, but the county court as now existing shall have
no other jurisdiction, civil or criminal. The county judge
of Jefferson County shall be judge of the county court for
the county, and all ex officio duties of the county judge
shall be exercised by said judge of the County Court of
Jefferson County, except Xnsofar as the same shall by
this Act be committed to the County Court of Jefferson
County at Law. Nothing in this Act shall be so construed
as to require that the County Judge of Jefferson County
shall be an attorney. (Emphasis added).
A distillation of the foregoing legislative enactments would indicate that
the County Court of Jefferson County has concurrent jurisdiction, along
with the county courts at law of probate, lunacy, and juvenile matters (note,
however, that a “county court” may not be designated as a juvenile court
“unless its judge is an attorney licensed to practice law in this state. “) See
Family Code, $ 51.04(d). Additionally, the County Court has concurrent-
jurisdiction with the county courts at law in “matters of eminent domain”
which [were] in the jurisdiction of the Commissioners Court or the Judge
thereof” at the time of the passage of article 1970-112. (See article 3264,
et seq., for the duties of the county judge in eminent domain proceedings).
The County Courts at Law of Jefferson County, as indicated above, have
concurrent jurisdiction, together with the County Court, in probate,. lunacy,
juvenile and eminent domain matters. In all other proceedings, both civil
and criminal, the County Courts at Law have jurisdiction exclusive of the
County Court. See Tex. Const. art. 5, 5 22, State ex rel Rector v. McClelland,
224 S.W.2d 70mex. Sup. 1949); State v. Gillette’s Estate, 10 S.W.2d 984 (Tex.
Sup. 1928); Attorney General Opinion C-28 (1963).
SUMMARY
The County Court of Jefferson County has concurrent
jurisdiction, together with the County Courts at Law in
probate, lunacy, juvenile, (as limited by section 51.04 of
the Family Code) and eminent domain matters. The County
Courts at Law have exclusive jurisdiction in all other civil
and criminal matters.
Attorney General of Texas
The Honorable Tom Hanna. page 4 (H-625)
APPROVED:
m
DAVID M. KENDALL, First A sistant
C. ROBERT HEATH; ‘Chairman
Opinion Committee
p. 2771