|
|
Court OpinionsState LawsUS CodeUS Constitution |
Texas Government Code - Chapter 54 Masters; Magistrates; Referees; Associate JudgesLegal Research Home > Texas Lawyer > Government Code > Texas Government Code - Chapter 54 Masters; Magistrates; Referees; Associate Judges Sponsored Links(a) The Commissioners Court of Nolan County may authorize the judge of the district court to appoint one or more part-time or full-time magistrates to ... To be eligible for appointment as a magistrate, a person must: (1) be a citizen of the United States; (2) have resided in Nolan County ... A magistrate is entitled to the salary determined by the Commissioners Court of Nolan County. The magistrate's salary is paid from the county fund available ... A magistrate has the same judicial immunity as a district judge. Added by Acts 2005, 79th Leg., ch. 109, § 1, eff. May 20, 2005. ... (a) To the extent authorized by this subchapter, a magistrate has jurisdiction to exercise the authority granted by the judge of the district court. (b) ... This subchapter applies to the district courts and to the county courts at law that give preference to criminal cases in Jefferson County. Acts 1985, ... (a) The judge of a court subject to this subchapter may appoint one or more masters to perform the duties authorized by this subchapter. (b) ... (a) To refer a case to a master, the judge must issue a written order of referral that specifies the master's duties in the case. ... A master to whom a case is referred may: (1) conduct hearings; (2) hear evidence; (3) compel production of relevant evidence; (4) rule on the ... At the conclusion of a proceeding, the master shall transmit to the referring court any papers relating to the case, including the master's findings, conclusions, ... (a) The referring court may modify, correct, reject, reverse, or recommit for further proceedings any action taken by a master. (b) If the referring court ... A person appointed as a master under this subchapter may not practice law before the court for which the person served as master for two ... (a) Each judge of a district court of Dallas County that gives preference to criminal cases, each judge of a criminal district court of Dallas ... To be eligible for appointment as a magistrate, a person must: (1) be a resident of this state; and (2) have been licensed to practice ... (a) A magistrate is entitled to the salary determined by the Commissioners Court of Dallas County. (b) The salary may not be less than the ... A magistrate has the same judicial immunity as a district judge. Acts 1985, 69th Leg., ch. 480, § 1, eff. Sept. 1, 1985. ... (a) A magistrate who serves a single court serves at the will of the judge. (b) The services of a magistrate who serves more than ... (a) A judge may refer to a magistrate any matter arising out of a criminal case involving: (1) a negotiated plea of guilty or nolo ... (a) To refer one or more cases to a magistrate, a judge must issue an order of referral specifying the magistrate's duties. (b) An order ... (a) Except as limited by an order of referral, a magistrate to whom a case is referred may: (1) conduct hearings; (2) hear evidence; (3) ... At the request of a party in a felony case, the court shall provide a court reporter to record the proceedings before the magistrate. Acts ... (a) A witness who appears before a magistrate and is sworn is subject to the penalties for perjury provided by law. (b) A referring court ... At the conclusion of the proceedings, a magistrate shall transmit to the referring court any papers relating to the case, including the magistrate's findings, conclusions, ... (a) A referring court may modify, correct, reject, reverse, or recommit for further information any action taken by the magistrate. (b) If the court does ... The court shall determine if the nonprevailing party is able to defray the costs of the magistrate. If the court determines that the nonprevailing party ... Each judge of a district court or each court designated a juvenile court of Wichita County may appoint a referee in a civil case as ... A referee must be: (1) a citizen of this state; and (2) licensed to practice law in this state. Acts 1985, 69th Leg., ch. 480, ... (a) Any compensation given to a referee shall be found and taxed in the manner provided by law for taxing other costs in a civil ... A judge of a district court may refer to a referee any civil case involving a motion: (1) of contempt for failure or refusal: (A) ... A judge of a court designated a juvenile court may refer to a referee any civil case involving: (1) a child alleged to be dependent, ... An order referring a case to a referee may: (1) specify or limit the powers of the referee and direct the referee to report only ... Except as limited or specified by an order referring a case, a referee may: (1) hear evidence; (2) make findings of fact on evidence; (3) ... Before a referee holds a hearing, each party shall be given notice of the time and place of the hearing as provided by law. Acts ... (a) A witness who appears before a referee and is sworn is subject to the penalties for perjury provided by law. (b) The referring court ... At the conclusion of a hearing, a referee shall transmit to the referring judge any papers relating to the case, including the referee's findings and ... (a) A referring court may adopt, modify, correct, reject, reverse, or recommit for further information a referee's report. (b) If the referee recommends a judgment, ... (a) After receiving notice of the referee's findings, any principal, minor, or the parent, guardian, or custodian of a minor is entitled to a hearing ... If a hearing before a judge is not requested, or the right to a hearing is waived, the findings and recommendations of the referee become ... If a jury trial is demanded in a proceeding, the referee shall refer the case back to the referring court for a full hearing before ... This subchapter applies to the judges of the: (1) 14th, 44th, 68th, 95th, 101st, 116th, 134th, 160th, 162nd, 191st, 192nd, 193rd, and 298th district courts; ... (a) The judges may by majority vote appoint one or more full-time associate judges for any civil matters. (b) Each appointment is subject to the ... An associate judge must: (1) be a citizen of this state; (2) be at least 25 years of age; and (3) have practiced law in ... An associate judge is entitled to the compensation set by the commissioners court. The compensation shall be paid from the general fund of the county. ... An associate judge has the same judicial immunity as a district judge. Added by Acts 1987, 70th Leg., ch. 148, § 2.76(a), eff. Sept. 1, ... A judge may refer any civil case or portion of a civil case to an associate judge for resolution. Added by Acts 1987, 70th Leg., ... An associate judge may conduct a trial on the merits on the agreement of all parties and the consent of the referring court. Added by ... A case may be referred to an associate judge by an order of referral in a specific case or by an omnibus order. Added by ... Except as limited by an order of referral, the associate judge may: (1) conduct hearings; (2) hear evidence; (3) compel production of relevant evidence, including ... (a) A court reporter may be provided during a hearing held by an associate judge appointed under this subchapter. A court reporter is required to ... (a) After hearing a matter, an associate judge shall notify each attorney participating in the hearing of the associate judge's decision. An associate judge's decision ... In this subchapter, "statutory probate court" has the meaning assigned by Section 3, Texas Probate Code. Added by Acts 1999, 76th Leg., ch. 1503, § ... This subchapter does not apply to the statutory probate courts of: (1) Dallas County; or (2) Harris County, except Probate Courts Nos. 1 and 3. ... (a) After obtaining the approval of the commissioners court, the judge of a statutory probate court by order may appoint a person to act as ... (a) An associate judge who serves a single court serves at the will of the judge of that court. (b) The employment of an associate ... (a) An associate judge is entitled to the compensation set by the appointing judge and approved by the commissioners court. The salary of the associate ... An associate judge must take the constitutional oath of office required of appointed officers of this state. Added by Acts 1999, 76th Leg., ch. 1503, ... An associate judge appointed under this subchapter is a magistrate. Added by Acts 1999, 76th Leg., ch. 1503, § 1, eff. Sept. 1, 1999. Amended ... (a) Except as provided by this section, a judge of a court may refer to an associate judge any aspect of a suit over which ... (a) In referring a case to an associate judge, the judge of the referring court shall render: (1) an individual order of referral; or (2) ... Except as limited by an order of referral, an associate judge may: (1) conduct a hearing; (2) hear evidence; (3) compel production of relevant evidence; ... A bailiff shall attend a hearing conducted by an associate judge if directed to attend by the referring court. Added by Acts 1999, 76th Leg., ... (a) A court reporter is not required during a hearing held by an associate judge appointed under this subchapter unless required by other law. (b) ... (a) A witness appearing before an associate judge is subject to the penalties for perjury provided by law. (b) A referring court may fine or ... (a) The associate judge's report may contain the associate judge's findings, conclusions, or recommendations. The associate judge shall prepare a written report in the form ... (a) An associate judge shall give all parties notice of the right of appeal to the judge of the referring court. (b) The notice may ... (a) Pending appeal of the associate judge's report to the referring court, the decisions and recommendations of the associate judge's report have the force and ... Unless a party files a written notice of appeal, the referring court may: (1) adopt, modify, or reject the associate judge's report; (2) hear further ... (a) A party may appeal an associate judge's report by filing notice of appeal not later than the third day after the date the party ... (a) Failure to appeal to the referring court, by waiver or otherwise, the approval by the referring court of an associate judge's report does not ... An associate judge appointed under this subchapter has the judicial immunity of a probate judge. All existing immunity granted an associate judge by law, express ... (a) The judges of the district courts of Tarrant County that give preference to criminal cases, the judges of the criminal district courts of Tarrant ... To be eligible for appointment as a magistrate, a person must: (1) be a resident of this state; and (2) have been licensed to practice ... (a) A magistrate is entitled to the salary determined by the Commissioners Court of Tarrant County. (b) The salary may not be less than the ... A magistrate has the same judicial immunity as a district judge. Added by Acts 1987, 70th Leg., ch. 81, § 1, eff. Aug. 31, 1987. ... (a) A magistrate who serves a single court serves at the will of the judge. (b) The services of a magistrate who serves more than ... (a) A judge may refer to a magistrate any criminal case for proceedings involving: (1) a negotiated plea of guilty before the court; (2) a ... (a) To refer one or more cases to a magistrate, a judge must issue an order of referral specifying the magistrate's duties. (b) An order ... (a) Except as limited by an order of referral, a magistrate to whom a case is referred may: (1) conduct hearings; (2) hear evidence; (3) ... At the request of a party in a felony case, the court shall provide a court reporter to record the proceedings before the magistrate. Added ... (a) A witness who appears before a magistrate and is sworn is subject to the penalties for perjury provided by law. (b) A referring court ... At the conclusion of the proceedings, a magistrate shall transmit to the referring court any papers relating to the case, including the magistrate's findings, conclusions, ... (a) A referring court may modify, correct, reject, reverse, or recommit for further information any action taken by the magistrate. (b) If the court does ... The court shall determine if the nonprevailing party is able to defray the costs of the magistrate. If the court determines that the nonprevailing party ... (a) A majority of the judges of the courts that are designated as juvenile courts in Harris County may determine that one or more full-time ... A master must: (1) be a citizen and resident of this state; and (2) have been licensed to practice law in this state for at ... The order appointing a master must be entered in the minutes of each court making the order and state: (1) The master's name and state ... The commissioners court shall set the compensation for masters and determine the total amount the county will pay as compensation for masters. Added by Acts ... A master appointed under this Act has the same judicial immunity as a district judge. Added by Acts 1987, 70th Leg., ch. 674, § 3.03, ... (a) A master who serves a single court serves at the will of the judge of that court. (b) The employment of a master who ... The judge of a court for which a master has been appointed may withdraw the master's appointment to that court by written order. The order ... A judge may refer to a master any civil case or portion of a civil case brought: (1) under Title 1, 2, 3, 4, or ... A case may be referred as prescribed by published local rules or by written orders. Added by Acts 1987, 70th Leg., ch. 674, § 3.03, ... (a) An order of referral may limit the use or power of a master. (b) Unless limited by published local rule, by written order, or ... (a) The referral of a case or a portion of a case to a master does not affect a party's right to have a court ... (a) Except as provided by Subsection (b), if a jury trial is demanded in a case referred to a master, the master shall refer the ... (a) A court reporter need not be provided during a hearing conducted by a master. (b) Notwithstanding Subsection (a), a referring judge may require a ... If an attorney, party, witness, or any other person fails to comply with a summons or order, the master may certify in writing that failure ... (a) A witness appearing before a master is subject to the penalties of perjury as provided by Chapter 37, Penal Code. (b) A witness referred ... After a hearing is concluded, the master shall send to the referring judge all papers relating to the case and the written findings of the ... (a) After the court receives the master's report, the court may adopt, modify, correct, reject, or reverse the master's report or may recommit it for ... The finding and recommendations become the decree or judgment of the court when adopted and approved by an order of the judge. Added by Acts ... This subchapter does not prohibit a court from appointing a master in chancery as provided by Rule 171, Texas Rules of Civil Procedure. Added by ... (a) A master appointed under this subchapter may serve as a referee as provided by Sections 51.04(g) and 54.10, Family Code. (b) A referee appointed ... This subchapter may be cited as the El Paso Criminal Law Magistrates Act. Added by Acts 1989, 71st Leg., ch. 2, § 8.32(a), eff. Aug. ... The El Paso Criminal Law Magistrate Court is a court having the jurisdiction provided by this subchapter over offenses allegedly committed in El Paso County ... (a) Except as provided by Subsection (b), the criminal law magistrate court has the criminal jurisdiction provided by the constitution and laws of this state ... The criminal law magistrate court has two terms of court beginning on the first Mondays in January and July. Added by Acts 1989, 71st Leg., ... The criminal law magistrate court or a judge of the criminal law magistrate court may issue writs of injunction and all other writs necessary for ... (a) The El Paso Council of Judges is composed of the judges of the district courts of El Paso County and the judges of the ... (a) The El Paso Council of Judges by majority vote shall include in the local rules of administration adopted as provided by Subchapter D, Chapter ... (a) Except as provided by Subsection (b) or local administrative rules, the local administrative judge or a judge of the criminal law magistrate court may ... (a) Cases may be assigned by local administrative rules, by a blanket written order, or on a case-by-case basis. Each district court and county court ... When a case is transferred from one court to another as provided by this subchapter, all processes, writs, bonds, recognizances, or other obligations issued from ... Bail bonds and personal bonds may be forfeited by the criminal law magistrate court in the manner provided by Chapter 22, Code of Criminal Procedure, ... (a) When the district clerk is the clerk under this subchapter, the district clerk shall charge the same court costs for cases filed, transferred to, ... (a) If after indictment, the defendant or the state files a timely objection to the assignment of a first-degree felony to the criminal law magistrate ... Unless the local rules of administration provide otherwise, the judges on the El Paso Council of Judges and the judges on the criminal law magistrate ... (a) As a condition for a defendant to enter any pretrial diversion program or the functional equivalent that may be operated in El Paso County ... (a) In addition to jurisdiction conferred by other law, each district court and county court at law in El Paso County has the same jurisdiction ... (a) The criminal law magistrate court is presided over by one or more judges appointed by a two-thirds vote of all the district court and ... The judges of the criminal law magistrate court must take the constitutional oath of office prescribed for appointed officers. Added by Acts 1989, 71st Leg., ... The judges of the criminal law magistrate court and the judges of the county courts at law have the same judicial immunity as a district ... (a) The judges of the criminal law magistrate court may exchange benches and may sit and act for each other in any proceeding pending in ... (a) If a full-time compensated judge of the criminal law magistrate court is absent or is from any cause disabled or disqualified from presiding, a ... (a) The district clerk serves as clerk of the criminal law magistrate court, except that after a misdemeanor information is filed in the county court ... (a) The county sheriff, either in person or by deputy, shall attend the criminal law magistrate court as required by a judge of that court. ... Each judge of the criminal law magistrate court shall appoint an official shorthand reporter to serve that judge. Those official shorthand reporters must be well ... (a) An El Paso family law master may be appointed as a judge of the criminal law magistrate court and continue as a family law ... (a) A judge of the criminal law magistrate court may be appointed as a family law master and continue as a judge of the criminal ... (a) Any magistrate in El Paso County may be appointed as a judge of the criminal law magistrate court or as a family law master, ... The criminal law magistrate court may be held at the location that is provided by the local administrative rules or ordered by the local administrative ... The seal of the criminal law magistrate court shall be the same as that provided by law for county courts, except that the seal must ... (a) If in the opinion of a majority of the judges of the El Paso Council of Judges the criminal law magistrate court should not ... This subchapter does not diminish the jurisdiction granted by the constitution and laws of this state to any court named in this subchapter. Added by ... This subchapter does not prevent a district court from transferring misdemeanor indictments to an inferior court as provided by Chapter 21, Code of Criminal Procedure, ... (a) A majority of the judges of the courts that are designated as juvenile courts in Harris County may determine that one or more full-time ... A master must: (1) be a citizen and resident of this state; and (2) have been licensed to practice law in this state for at ... The order appointing a master must be entered in the minutes of each court making the order and state: (1) the master's name and state ... The commissioners court shall set the compensation for masters and determine the total amount the county will pay as compensation for masters. Added by Acts ... A master appointed under this subchapter has the same judicial immunity as a district judge. Added by Acts 1989, 71st Leg., ch. 2, § 8.33(a), ... (a) A master who serves a single court serves at the will of the judge of that court. (b) The employment of a master who ... The judge of a court for which a master has been appointed may withdraw the master's appointment to that court by written order. The order ... A judge may refer to a master any civil case or portion of a civil case brought: (1) under Title 1, 2, 3, 4, or ... A case may be referred as prescribed by published local rules or by written orders. Added by Acts 1989, 71st Leg., ch. 2, § 8.33(a), ... (a) An order of referral may limit the use or power of a master. (b) Unless limited by published local rule, by written order, or ... (a) The referral of a case or a portion of a case to a master does not affect a party's right to have a court ... (a) Except as provided by Subsection (b), if a jury trial is demanded in a case referred to a master, the master shall refer the ... (a) A court reporter must be provided during a hearing conducted by a master. (b) Notwithstanding Subsection (a), a referring judge may require a reporter ... If an attorney, party, witness, or any other person fails to comply with a summons or order, the master may certify that failure in writing ... (a) A witness appearing before a master is subject to the penalties of perjury as provided by Chapter 37, Penal Code. (b) A witness referred ... After a hearing is concluded, the master shall send to the referring judge all papers relating to the case and the written findings of the ... (a) After the court receives the master's report, the court may adopt, modify, correct, reject, or reverse the master's report or may recommit it for ... The finding and recommendations become the decree or judgment of the court when adopted and approved by an order of the judge. Added by Acts ... This subchapter does not prohibit a court from appointing a master in chancery as provided by Rule 171, Texas Rules of Civil Procedure. Added by ... (a) A master appointed under this subchapter may serve as a referee as provided by Subsection (g) of Section 51.04 and Section 54.10, Family Code. ... This subchapter applies only to counties with a population of 3.3 million or more. Added by Acts 1993, 73rd Leg., ch. 224, § 1, eff. ... (a) A board composed of three judges of the district courts of Harris County trying criminal cases, three judges of the county criminal courts at ... To be eligible for appointment as a criminal law hearing officer under this subchapter, a person must: (1) be a resident of this state and ... (a) Each criminal law hearing officer is entitled to a salary in the amount set by the commissioners court. (b) The salary may not be ... A criminal law hearing officer must take the constitutional oath of office required of appointed officers of this state. Added by Acts 1993, 73rd Leg., ... (a) A criminal law hearing officer appointed under this subchapter has limited concurrent jurisdiction over criminal cases filed in the district courts, county criminal courts ... The judges appointing a criminal law hearing officer may authorize the criminal law hearing officer to serve the statutory probate courts of Harris County as ... (a) A criminal law hearing officer shall inform the person arrested, in clear language, of the accusation against the person and of any affidavit filed ... A criminal law hearing officer has the same judicial immunity as a district judge, statutory county court judge, and justice of the peace. Added by ... On request of a criminal law hearing officer appointed under this subchapter, the sheriff, in person or by deputy, shall assist the criminal law hearing ... The district clerk shall perform the statutory duties necessary for the criminal law hearing officers appointed under this subchapter in cases filed in a district ... (a) The judges of the district courts of Lubbock County, with the consent and approval of the Commissioners Court of Lubbock County, shall jointly appoint ... To be eligible for appointment as a magistrate, a person must: (1) be a resident of this state; and (2) have been licensed to practice ... (a) A magistrate is entitled to the salary determined by the Commissioners Court of Lubbock County. (b) The salary may not be less than the ... A magistrate has the same judicial immunity as a district judge. Added by Acts 1989, 71st Leg., ch. 25, § 1, eff. Aug. 28, 1989. ... (a) A magistrate who serves a single court serves at the will of the judge. (b) The services of a magistrate who serves more than ... (a) A district judge or a county court at law judge may refer to a magistrate any criminal case for proceedings involving: (1) a negotiated ... (a) To refer one or more cases to a magistrate, a judge must issue an order of referral specifying the magistrate's duties. (b) An order ... (a) Except as limited by an order of referral, a magistrate to whom a case is referred may: (1) conduct hearings; (2) hear evidence; (3) ... At the request of a party, the court shall provide a court reporter to record the proceedings before the magistrate. Added by Acts 1989, 71st ... (a) A witness who appears before a magistrate and is sworn is subject to the penalties for perjury provided by law. (b) A referring court ... At the conclusion of the proceedings, a magistrate shall transmit to the referring court any papers relating to the case, including the magistrate's findings, conclusions, ... (a) A referring court may modify, correct, reject, reverse, or recommit for further information any action taken by the magistrate. (b) If the court does ... The court shall determine if the nonprevailing party is able to defray the costs of the magistrate. If the court determines that the nonprevailing party ... (a) If a magistrate appointed under this subchapter is absent or unable to serve, the judge referring the case may appoint another magistrate to serve ... The clerk of a district court or county court at law that refers a proceeding to a magistrate under this subchapter shall perform the statutory ... (a) The judges of the district courts of Bexar County that give preference to criminal cases, with the consent and approval of the Commissioners Court ... To be eligible for appointment as a magistrate, a person must: (1) be a resident of this state; and (2) have been licensed to practice ... (a) A magistrate is entitled to the salary determined by the Commissioners Court of Bexar County. (b) The magistrate's salary is paid from the county ... A magistrate has the same judicial immunity as a district judge. Added by Acts 1989, 71st Leg., ch. 1068, § 1, eff. Aug. 28, 1989. ... (a) A magistrate who serves a single court serves at the will of the judge. (b) The services of a magistrate who serves more than ... (a) A judge may refer to a magistrate any criminal case for proceedings involving: (1) a bond forfeiture; (2) a pretrial motion; (3) a postconviction ... (a) To refer one or more cases to a magistrate, a judge must issue an order of referral specifying the magistrate's duties. The judge may ... Except as limited by an order of referral, a magistrate to whom a case is referred may: (1) conduct hearings; (2) hear evidence; (3) compel ... At the request of a party, the court shall provide a court reporter to record the proceedings before the magistrate. Added by Acts 1989, 71st ... (a) A witness who appears before a magistrate and is sworn is subject to the penalties for perjury provided by law. (b) A referring court ... At the conclusion of the proceedings, a magistrate shall transmit to the referring court any papers relating to the case, including the magistrate's findings, conclusions, ... (a) A referring court may modify, correct, reject, reverse, or recommit for further information any action taken by the magistrate. (b) If the court does ... The court shall determine if the nonprevailing party is able to defray the costs of the magistrate. If the court determines that the nonprevailing party ... (a) The judge of the 289th District Court may determine that part-time masters are needed to serve the court. (b) The judge shall issue an ... A master must: (1) be a citizen and resident of this state; and (2) have been licensed to practice law in this state for at ... The order appointing a master must be entered in the minutes of the court and must state: (1) the master's name and state bar identification ... The commissioners court shall set the compensation for masters and determine the total amount the county will pay as compensation for masters. The commissioners court ... A master appointed under this subchapter has the same judicial immunity as a district judge. Added by Acts 1989, 71st Leg., ch. 686, § 1, ... (a) A master serves at the will of the judge. (b) To terminate a master's employment, the judge must sign a written order of termination. ... The judge may refer to a master any civil case or portion of a civil case brought: (1) under Title 1, 2, 3, 4, or ... A case may be referred as prescribed by published local rules or by written orders. Added by Acts 1989, 71st Leg., ch. 686, § 1, ... (a) An order of referral may limit the use or power of a master. (b) Unless limited by published local rule, by written order, or ... (a) The referral of a case or a portion of a case to a master does not affect a party's right to have a court ... (a) Except as provided by Subsection (b), if a jury trial is demanded in a case referred to a master, the master shall refer the ... (a) A court reporter need not be provided during a hearing conducted by a master. (b) Notwithstanding Subsection (a), a referring judge may require a ... If an attorney, party, witness, or any other person fails to comply with a summons or order, the master may certify in writing that failure ... (a) A witness appearing before a master is subject to the penalties of perjury as provided by Chapter 37, Penal Code. (b) A witness referred ... After a hearing is concluded, the master shall send to the referring judge all papers relating to the case and the written findings of the ... (a) After the court receives the master's report, the court may adopt, modify, correct, reject, or reverse the master's report or may recommit it for ... The findings and recommendation become the decree or judgment of the court when adopted and approved by an order of the judge. Added by Acts ... This subchapter does not prohibit a court from appointing a master in chancery as provided by Rule 171, Texas Rules of Civil Procedure. Added by ... (a) A master appointed under this subchapter may serve as a referee as provided by Sections 51.04(g) and 54.10, Family Code. (b) A referee appointed ... (a) The judges of the district courts and statutory county courts having criminal jurisdiction in Williamson County may, by a majority vote of the judges, ... A magistrate has concurrent criminal jurisdiction with the judges of the statutory county courts and justice of the peace courts of Williamson County. Added by ... (a) Except as provided by Subsection (b), a magistrate has all of the powers of a magistrate under the Code of Criminal Procedure and other ... (a) The judge of a statutory county court with criminal jurisdiction in Williamson County may designate a magistrate by written referral order to serve as ... A magistrate has the same judicial immunity as a district judge. Added by Acts 1999, 76th Leg., ch. 586, § 1, eff. June 18, 1999. ... (a) A witness who is sworn and who appears before a magistrate is subject to the penalties for perjury and aggravated perjury provided by law. ... At the request of a party, the court shall provide a court reporter to record proceedings before a magistrate that the party could require to ... A court shall determine whether the nonprevailing party is able to defray the expense of the magistrate in each case in which the services of ... On request of a magistrate, the sheriff, in person or by deputy, shall assist the magistrate. Added by Acts 1999, 76th Leg., ch. 586, § ... (a) The district clerk serves as the clerk for a magistrate for a case under the jurisdiction of a district court. (b) The county clerk ... The commissioners court shall provide a staff to perform clerical functions for the magistrates. Added by Acts 1999, 76th Leg., ch. 586, § 1, eff. ... This subchapter applies to the district courts and the county courts at law that give preference to criminal cases in Travis County. Added by Acts ... (a) The Commissioners Court of Travis County shall set the number of magistrates needed to perform the duties authorized by this subchapter. (b) The judges ... A magistrate must: (1) be a resident of this state and of Travis County; and (2) have been licensed to practice law in this state ... (a) A magistrate is entitled to the salary determined by the Commissioners Court of Travis County. (b) The salary may not be less than the ... A magistrate has the same judicial immunity as a district judge or a judge of a county court at law, as applicable. Added by Acts ... (a) A magistrate who serves a single court serves at the will of the judge. (b) The services of a magistrate who serves more than ... (a) A judge may refer to a magistrate any criminal case for proceedings involving: (1) a negotiated plea of guilty or no contest and sentencing; ... (a) To refer one or more cases to a magistrate, a judge must issue an order of referral specifying the magistrate's duties. (b) An order ... (a) Except as limited by an order of referral, a magistrate to whom a case is referred may: (1) conduct hearings; (2) hear evidence; (3) ... At the request of a party the court shall provide that the proceedings before the magistrate be recorded. Added by Acts 1991, 72nd Leg., ch. ... (a) A witness who appears before a magistrate and is sworn is subject to the penalties for perjury provided by law. (b) A referring court ... (a) At the conclusion of the proceedings, a magistrate shall transmit to the referring court any papers relating to the case, including the magistrate's findings, ... (a) A referring court may modify, correct, reject, reverse, or recommit for further information any action taken by the magistrate. (b) If the court does ... The court shall determine if the nonprevailing party is able to defray the costs of the magistrate. If the court determines that the nonprevailing party ... (a) If a criminal law magistrate appointed under this subchapter is absent or unable to serve, the judge referring the case may appoint another criminal ... (a) The judges of the district courts in Webb County shall jointly appoint the number of criminal law magistrates set by the commissioners court. (b) ... A magistrate must be a resident of this state and Webb County. Added by Acts 1993, 73rd Leg., ch. 577, § 1, eff. Aug. 30, ... A magistrate is entitled to the salary determined by the commissioners court. Added by Acts 1993, 73rd Leg., ch. 577, § 1, eff. Aug. 30, ... A magistrate has the same judicial immunity as a district judge. Added by Acts 1993, 73rd Leg., ch. 577, § 1, eff. Aug. 30, 1993. ... (a) To refer one or more criminal cases to a magistrate, a judge must issue an order specifying the magistrate's duties. (b) An order of ... (a) A judge may refer to a magistrate any criminal case for proceedings involving: (1) issuance of search warrants; (2) setting of bonds; (3) arraignment ... After a hearing is concluded, the magistrate shall send to the referring court any papers related to the case, including the magistrate's findings, conclusions, orders, ... (a) A referring court may modify, correct, reject, reverse, or recommit for further information any action taken by the magistrate. (b) If the court does ... (a) A majority of the judges of the district courts and the statutory county courts at law in Fort Bend County may determine that one ... To be eligible for appointment as an associate judge, a person must: (1) be a resident of this state; and (2) have been licensed to ... The order appointing an associate judge must be entered in the minutes of each court making the order and must state: (1) the associate judge's ... The commissioners court shall set the compensation for associate judges and support staff and determine the total amount the county will pay as compensation for ... An associate judge appointed under this subchapter has the same judicial immunity as the district court and statutory county court at law judges. Added by ... (a) An associate judge who serves a single court serves at the will of the judge of that court. (b) The employment of an associate ... The judge of a court for which an associate judge has been appointed may withdraw the associate judge's appointment to that court by written order. ... (a) A judge may refer to an associate judge any criminal case for proceedings involving: (1) a negotiated plea of guilty before the court; (2) ... (a) A judge may refer to an associate judge any juvenile, probate, or civil case or portion of one of those cases brought: (1) under ... A case may be referred as prescribed by published local rules or by written orders. Added by Acts 1997, 75th Leg., ch. 42, § 1, ... (a) Except as limited by an order of referral, an associate judge to whom a case is referred may: (1) conduct hearings; (2) hear evidence; ... (a) Except as provided by Subsection (b), if a jury trial is demanded in a case referred to an associate judge, the associate judge shall ... (a) A court reporter need not be provided during a hearing conducted by an associate judge. (b) Notwithstanding Subsection (a), a referring judge may require ... If an attorney, party, witness, or any other person fails to comply with a summons or order, the associate judge may certify in writing that ... (a) A witness appearing before an associate judge is subject to the penalties of perjury as provided by Chapter 37, Penal Code. (b) A witness ... At the conclusion of the proceedings, an associate judge shall transmit to the referring court any papers relating to the case, including the associate judge's ... (a) Notice of right to appeal to the judge of the referring court shall be given to all parties. (b) The notice may be given: ... (a) A party may appeal an associate judge's report by filing a notice of appeal not later than the sixth day after the date the ... (a) After the court receives the associate judge's report, or in the case of an appeal under Section 54.1018, after the court has decided the ... The finding and recommendations become the decree or judgment of the court when adopted and approved by an order of the judge. Added by Acts ... This subchapter does not prohibit a court from appointing a master in chancery as provided by Rule 171, Texas Rules of Civil Procedure. Added by ... (a) An associate judge appointed under this subchapter may serve as a referee as provided by Sections 51.04(g) and 54.10, Family Code. (b) A referee ... (a) The judges of the district courts in Bexar County may appoint a full-time or part-time associate judge to hear any civil matter within the ... An associate judge must have the same qualifications as required for a judge of a district court in Bexar County. Added by Acts 2001, 77th ... The order appointing an associate judge must be entered in the minutes of the district court. Added by Acts 2001, 77th Leg., ch. 570, § ... An associate judge shall be paid a salary as determined by the Commissioners Court of Bexar County. Added by Acts 2001, 77th Leg., ch. 570, ... An associate judge appointed under this subchapter has the same judicial immunity as a district judge. Added by Acts 2001, 77th Leg., ch. 570, § ... (a) An associate judge who serves only one court serves at the will of the judge of that court. (b) The employment of an associate ... (a) A judge of a district court served by an associate judge appointed under this subchapter may refer to the associate judge a civil case ... (a) Unless a party files a written objection, the judge of a district court may refer a trial on the merits to an associate judge. ... A case may be referred to an associate judge as provided by published local rules or by written orders. Added by Acts 2001, 77th Leg., ... (a) Except as limited by an order of referral, an associate judge to whom a case is referred may: (1) conduct hearings; (2) hear evidence; ... An associate judge shall conduct a full hearing according to the usual rules applicable to a jury trial if a jury is demanded in a ... (a) A referring judge may require a reporter at any hearing. (b) A court reporter must be provided when an associate judge presides over a ... If an attorney, party, witness, or other person fails to comply with a summons or order, an associate judge may certify that failure in writing ... (a) A witness appearing before an associate judge is subject to the penalties of perjury as provided by Chapter 37, Penal Code. (b) A witness ... (a) At the conclusion of the proceedings, an associate judge shall transmit to the referring court any papers relating to the case, including the associate ... (a) Each party must be given notice of the right to appeal to the judge of the referring court. The notice may be given: (1) ... (a) Pending appeal to the referring court of the associate judge's report, including any proposed order, the decisions and recommendations of the associate judge are ... (a) A party may appeal an associate judge's report by filing a notice of appeal not later than the third day after the date the ... (a) Failure to appeal to the referring court, by waiver or otherwise, the approval by the referring court of an associate judge's report does not ... Unless a party files a written notice of appeal, the referring court may: (1) adopt, modify, or reject the associate judge's report, including any proposed ... (a) An associate judge appointed under this subchapter may serve as a referee as provided by Section 51.04(g) or 54.10, Family Code. (b) An associate ... (a) The judges of the district courts and county courts at law in Brazos County, with the consent and approval of the Commissioners Court of ... To be eligible for appointment as a magistrate, a person must: (1) have resided in Brazos County for at least two years preceding the person's ... (a) A magistrate is entitled to the salary determined by the Commissioners Court of Brazos County. (b) A magistrate's total compensation from all government sources ... A magistrate has the same judicial immunity as a district judge. Added by Acts 2001, 77th Leg., ch. 954, § 1, eff. June 14, 2001. ... (a) A magistrate who serves a single court serves at the will of the judge of that court. (b) A magistrate who serves more than ... (a) A judge of a court authorized by the Commissioners Court of Brazos County to refer criminal cases may refer to a magistrate any criminal ... (a) To refer one or more cases to a magistrate, a judge must issue an order of referral specifying the magistrate's duties. (b) An order ... Except as limited by an order of referral, a magistrate to whom a case is referred may: (1) conduct hearings; (2) hear evidence; (3) compel ... Before a magistrate holds a hearing, each party shall be given notice of the time and place of the hearing as provided by law. Added ... (a) A witness who appears before a magistrate and is sworn is subject to the penalties for perjury as provided by law. (b) A referring ... (a) A court reporter is not required during a hearing held by a magistrate. (b) A party, the magistrate, or the referring court may provide ... At the conclusion of the proceedings, a magistrate shall send to the referring court: (1) the magistrate's signed and dated report, including the orders, recommendations, ... (a) After receiving notice of the magistrate's orders, recommendations, or other action taken, any party, principal, or minor, or the parent, guardian, or custodian of ... Pending appeal of the magistrate's report to the referring court, the decisions and recommendations of the magistrate's report have the force and effect of, and ... (a) The referring court may modify, correct, reject, reverse, or recommit for further proceedings any action taken by the magistrate. (b) If the referring court ... (a) The court shall determine if the nonprevailing party is able to defray the costs of the magistrate. If the court determines that the nonprevailing ... The judge of the 229th District Court, with the approval of the Commissioners Court of Duval County, may appoint a full-time or a part-time associate ... To be eligible for appointment as an associate judge, a person must: (1) be a resident of this state and Duval County; and (2) meet ... (a) An associate judge is entitled to the compensation set by the Duval County Commissioners Court. (b) The salary shall be paid from the county ... A part-time associate judge may engage in the private practice of law, unless restricted on a finding that it is not in the public interest ... (a) An associate judge serves at the will of the judge of the 229th District Court. (b) This section does not apply to an associate ... (a) The appointing judge may refer to an associate judge any aspect of a civil or criminal case involving a matter over which the referring ... (a) To refer cases to an associate judge, the referring court must issue an order of referral. (b) The order of referral may limit the ... Except as limited by an order of referral, an associate judge may: (1) conduct a hearing; (2) hear evidence; (3) compel production of relevant evidence; ... A bailiff shall attend a hearing held by an associate judge if directed by the referring court. Added by Acts 2003, 78th Leg., ch. 1150, ... (a) A witness appearing before an associate judge is subject to the penalties for perjury provided by law. (b) A referring court may issue attachment ... (a) At the conclusion of any hearing conducted by an associate judge and on the preparation of an associate judge's report, the associate judge shall ... An associate judge shall give all parties notice of the right of appeal to the judge of the referring court. The notice may be given: ... Pending appeal of the associate judge's report to the referring court, the decisions and recommendations of the associate judge are in full force and effect ... After the associate judge's report is filed, and unless the parties have filed a written notice of appeal to the referring court, the referring court ... If an appeal to the referring court is not filed or the right to an appeal to the referring court is waived, the findings and ... (a) Any party is entitled to a hearing by the judge of the referring court if, not later than three days, computed in the manner ... (a) Failure to appeal to the referring court, by waiver or otherwise, on the approval by the referring court of an associate judge's report does ... If a jury trial is demanded and a jury fee paid in a trial on the merits, the associate judge shall refer any matters requiring ... Masters appointed by the referring court under Rule 171, Texas Rules of Civil Procedure, have all the duties and powers set forth in the order ... An associate judge appointed under this subchapter has the judicial immunity of a district judge. Added by Acts 2003, 78th Leg., ch. 1150, § 1, ... (a) A court reporter is not required during a hearing held by an associate judge appointed under this subchapter. (b) A party, the associate judge, ... This subchapter applies to a constitutional county court in a county with a population of two million or more. Added by Acts 2003, 78th Leg., ... (a) The county judge may appoint one or more full-time magistrates to hear a matter alleging a violation of Section 25.093 or 25.094, Education Code. ... A magistrate must: (1) be a citizen of this state; (2) be at least 25 years of age; and (3) have been licensed to practice ... A magistrate is entitled to the compensation set by the commissioners court. The compensation shall be paid from the general fund of the county. Added ... Except as limited by an order of the county judge, a magistrate appointed under this subchapter may: (1) conduct hearings and trials, including jury trials; ... (a) At the conclusion of a hearing, the magistrate shall transmit to the judge any papers relating to the case, including: (1) the magistrate's findings ... In this chapter, "drug court" has the meaning assigned by Section 469.001, Health and Safety Code. Added by Acts 2003, 78th Leg., ch. 954, § ... (a) The judges of the district courts of Harris County that give preference to criminal cases, with the consent and approval of the Commissioners Court ... A magistrate must: (1) be a resident of this state and of Harris County; and (2) have been licensed to practice law in this state ... A magistrate is entitled to the salary determined by the Commissioners Court of Harris County. Added by Acts 2003, 78th Leg., ch. 954, § 1, ... A magistrate has the same judicial immunity as a district judge. Added by Acts 2003, 78th Leg., ch. 954, § 1, eff. Sept. 1, 2003. ... The services of a magistrate may be terminated by a majority vote of the appointing judges of the district courts of Harris County that give ... (a) A judge may refer to a magistrate: (1) a criminal case for drug court proceedings; and (2) a criminal case involving an agreed plea ... (a) To refer one or more cases to a drug court magistrate or a magistrate accepting an agreed plea bargain recommendation, a judge or board ... (a) Except as limited by an order of referral, a magistrate to whom a drug court case is referred may: (1) conduct hearings; (2) hear ... At the request of a party, the court shall provide that the proceedings before the magistrate be recorded. Added by Acts 2003, 78th Leg., ch. ... (a) A witness who appears before a magistrate and is sworn is subject to the penalties for perjury provided by law. (b) A supervising judge ... At the conclusion of the proceedings, a magistrate shall transmit to the referring court any papers relating to the case, including the magistrate's findings, conclusions, ... (a) The supervising judge or judges of a drug court may modify, correct, reject, reverse, or recommit for further information any action taken by the ... (a) If a criminal law magistrate appointed under this subchapter is absent or unable to serve, the judge referring the case may appoint another criminal ... (a) The Commissioners Court of Comal County may authorize the judges of the district and statutory county courts in Comal County to appoint one or ... (a) To be eligible for appointment as a magistrate, a person must: (1) be a citizen of the United States; (2) have resided in Comal ... (a) A magistrate is entitled to the salary determined by the Commissioners Court of Comal County. (b) A full-time magistrate's salary may not be less ... A magistrate has the same judicial immunity as a district judge. Added by Acts 2003, 78th Leg., ch. 42, § 1, eff. May 15, 2003. ... (a) A magistrate may be terminated by a majority vote of all the judges of the district and statutory county courts of Comal County. (b) ... (a) The judges of the district or statutory county courts shall establish standing orders to be followed by a magistrate or parties appearing before a ... The Commissioners Court of Comal County shall provide: (1) personnel for the legal or clerical functions necessary to perform the magistrate's duties authorized by this ... (a) The judges of the district courts and statutory county courts in Montgomery County, with the consent and approval of the Commissioners Court of Montgomery ... (a) To be eligible for appointment as a magistrate, a person must: (1) be a resident of Montgomery County, Texas; and (2) be licensed to ... (a) A magistrate is entitled to the salary determined by the Commissioners Court of Montgomery County. (b) The magistrate's salary is to be paid from ... A magistrate has the same judicial immunity as a district judge. Added by Acts 2005, 79th Leg., ch. 663, § 1, eff. Sept. 1, 2005. ... The judges of the district and statutory county courts of Montgomery County by majority vote shall adopt standing orders establishing the duties of a magistrate. ... Subject to the standing orders of the judges of the district and statutory county courts of Montgomery County, the magistrate has all the powers of ... This subchapter applies to Cameron County. Added by Acts 2005, 79th Leg., ch. 767, § 1, eff. Sept. 1, 2005. Subchapter BB, Criminal Law Hearing ... (a) A majority of the members of a board composed of the judges of the district courts and statutory county courts of Cameron County may ... To be eligible for appointment as a criminal law hearing officer under this subchapter, a person must: (1) be a resident of Cameron County; (2) ... (a) A criminal law hearing officer is entitled to a salary in the amount set by the commissioners court. (b) The salary is paid from ... A criminal law hearing officer must take the constitutional oath of office required of appointed officers of this state. Added by Acts 2005, 79th Leg., ... (a) A criminal law hearing officer appointed under this subchapter has limited concurrent jurisdiction over criminal cases filed in the district courts, statutory county courts, ... The judges of the statutory county courts of Cameron County may authorize a criminal law hearing officer to serve the probate courts of Cameron County ... (a) A criminal law hearing officer shall inform a person arrested of the warnings described by Article 15.17, Code of Criminal Procedure. (b) A criminal ... A criminal law hearing officer has the same judicial immunity as a district judge, statutory county court judge, and justice of the peace. Added by ... On request of a criminal law hearing officer appointed under this subchapter, the sheriff, in person or by deputy, shall assist the criminal law hearing ... The district clerk shall perform the statutory duties necessary for the criminal law hearing officers appointed under this subchapter in cases filed in a district ... Last modified: August 11, 2007 |