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Texas Code of Criminal Procedure - Article 52.01. Courts Of Inquiry Conducted By District Judges

Legal Research Home > Texas Lawyer > Code of Criminal Procedure > Texas Code of Criminal Procedure - Article 52.01. Courts Of Inquiry Conducted By District Judges

Art. 52.01. COURTS OF INQUIRY CONDUCTED BY DISTRICT 
JUDGES.  (a) When a judge of any district court of this state, 
acting in his capacity as magistrate, has probable cause to believe 
that an offense has been committed against the laws of this state, 
he may request that the presiding judge of the administrative 
judicial district appoint a district judge to commence a Court of 
Inquiry.  The judge, who shall be appointed in accordance with 
Subsection (b), may summon and examine any witness in relation to 
the offense in accordance with the rules hereinafter provided, 
which procedure is defined as a "Court of Inquiry".
	(b)(1) Before requesting the presiding judge to appoint a 
district judge to commence a Court of Inquiry, a judge must enter 
into the minutes of his court a sworn affidavit stating the 
substantial facts establishing probable cause that a specific 
offense has been committed against the laws of this state.
	(2)  After the affidavit has been entered into the minutes of 
his court and a copy filed with the district clerk, the judge shall 
request the presiding judge of the administrative judicial district 
in which the affidavit is filed to appoint a judge to commence the 
Court of Inquiry.  The judge appointed to commence the Court of 
Inquiry shall issue a written order commencing the Court of Inquiry 
and stating its scope.  The presiding judge shall not name the judge 
who requests the Court of Inquiry to preside over the Court of 
Inquiry.
	(c)  The district or county attorney of the district or 
county in which the Court of Inquiry is held shall assist the 
district judge in conducting the Court of Inquiry.  The attorney 
shall examine witnesses and evidence admitted before the court to 
determine if an offense has been committed and shall render other 
assistance to the judge as is necessary in the proceeding.
	(d)  If the Court of Inquiry pertains to the activities of 
the district or county attorney or to the attorney's office, 
deputies, or employees, or if the attorney is otherwise 
disqualified in the proceeding, the judge shall appoint one 
attorney pro tem to assist in the proceeding.  In any other 
circumstance, the judge may appoint an attorney pro tem to assist in 
the proceeding.
	(e)  If more than one Court of Inquiry is commenced which 
pertains to the activities of a state governmental entity or public 
servant thereof, then, upon motion of the state governmental entity 
or public servant, made to the presiding judge or judges of the 
administrative judicial region or regions where the Courts of 
Inquiry have been commenced, the presiding judge or judges shall 
transfer the Courts of Inquiry to the presiding administrative 
judge of Travis County.  The presiding administrative judge of 
Travis County shall consolidate the Courts of Inquiry for further 
proceedings and shall assign a district judge to preside over the 
consolidated Courts of Inquiry.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.  Amended by Acts 1967, 
60th Leg., p. 1751, ch. 659, Sec. 34, eff. Aug. 28, 1967.

Amended by Acts 1987, 70th Leg., ch. 534, Sec. 1, eff. Sept. 1, 
1987.  Subsecs. (a), (b) amended by and subsec. (e) added by Acts 
1995, 74th Leg., ch. 318, Sec. 65, eff. Sept. 1, 1995.

Last modified: August 11, 2007