In Re: Saul Rubalcava v. the State of Texas ( 2023 )

COURT OF APPEALS
EIGHTH DISTRICT OF TEXAS
EL PASO, TEXAS
IN RE: § No. 08-23-00141-CR
SAUL RUBALCAVA, § AN ORIGINAL PROCEEDING
Relator. § IN MANDAMUS
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MEMORANDUM OPINION
In this original proceeding, Relator Saul Rubalcava filed a petition for writ of mandamus
challenging a jail magistrate’s purported order requiring his presence at a hearing to address
Relator’s claim under TEX. CODE CRIM. PROC. ANN. art. 32.01. This Court does not have
mandamus jurisdiction over the jail magistrate in this proceeding. TEX. GOV’T CODE ANN.
§ 22.221; In re Flores, 08-07-00305-CR, 2007 WL 4214435, at *1 (Tex. App.—El Paso
Nov. 29, 2007) (mem. op., orig. proceeding) (court of appeals lacked jurisdiction to issue a writ
of mandamus against a jail magistrate). 1 The mandamus jurisdiction conferred to this Court under
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While Texas Government Code 22.221 was amended effective September 1, 2017 (Acts 2017, 85th Leg., Ch. 740
(S.B. 1233), section 1 eff. Sept. 1, 2017; Acts 2017, 85th Leg. Ch. 1013 (H.B. 1480), section 1, eff. Sept. 1, 2017) after
our decision in In re Flores, to include statutory county judges, statutory probate county judges, and associate judges
of a district or county court appointed by a judge under Chapter 201 of the Family Code, it did not expand its scope
to include magistrate judges.
Government Code § 21.221 is limited to writs necessary to enforce the jurisdiction of this Court
and further “writs of mandamus, agreeable to the principles of law regulating those writs, against:
(1) a judge of a district, statutory county, statutory probate county, or county court in the court of
appeals district; (2) a judge of a district court who is acting as a magistrate at a court of inquiry
under Chapter 52, Code of Criminal Procedure, in the court of appeals district; or (3) an associate
judge of a district or county court appointed by a judge under Chapter 201, Family Code, in the
court of appeals district for the judge who appointed the associate judge.” TEX. GOV’T CODE ANN.
§§ 22.221(a), (b). Because Relator does not seek relief against a proper party under § 22.221, we
dismiss Relator’s petition for lack of jurisdiction. See id.; In re Flores, 2007 WL 4214435, at *1.
LISA J. SOTO, Justice
May 12, 2023
Before Rodriguez, C.J., Palafox, and Soto, JJ.
(Do Not Publish)
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