Scope and Responsibilities
Magisterial Duties
Administrative Duties
Criminal Jurisdiction
Civil
Jurisdiction
The Justice of
the Peace Court is a constitutional office whose origins date back to the early
days of Texas statehood. In fact,
in some parts of Texas the Justice of the Peace was the only form of the law,
making for interesting folklore throughout the state’s rich history.
The Judge is elected to a four year term of office by the voters residing in that precinct.
In Grayson County, Precinct One is the largest and busiest Justice Court in the County. The county seat of government is located in this precinct, that being Sherman.
The following is
a detailed list of functions that the court oversees:
Magisterial
Duties:
Determines
probable cause, issues arrest warrants, issues both adult and Juvenile
statutory warnings, and conduct bail examinations for arrested
persons (CP 2.09):
Determines
whether there is reasonable probability of a judgment being rendered against a person as a result of an accident while operating
a motor vehicle without insurance
(TN 601.157):
Conducts
reviews for sufficiency and issuance of search warrants:
Reviews
applications for emergency detention and issues mental health and
dependency warrants:
Conducts
hearings concerning the disposition of stolen property:
Conducts
driver’s license suspension hearings:
Conducts
handgun license denial hearings:
Conducts
death investigations and orders autopsies:
Conducts
towing hearing:
Conducts
review for sufficiency and issuance of warrants to seize cruelly treated
animals:
Conducts
hearing to determine disposition of animals:
Conducts hearings on to review dangerous dog determination:
Administrative Duties:
Performs
marriage ceremonies:
Handles
and collects fees, fines and court cost:
Manages
bank deposits:
Prepares
report for auditor and treasurer:
Prepares
budget:
Supervises
employees and managers payroll:
Prepares
correspondence to defendants and parties to litigation as required by
statute:
Criminal
Jurisdiction:
Reviews
and files citation issued and complaints filed by local law enforcement
agencies, including Constable, Sheriff, Department of Public Safety, etc:
Reviews
requests for driving safety course, files complaints for failure to appear
and issue warrants, conducts show cause hearings, allows extension of time
in which to complete course, dismisses cases, or imposes judgments:
Reviews
documents in connection with charges of no insurance, expired driver’s
license, expired registration, and expired inspection:
Conducts
arraignment proceedings, conducts jury and non jury trials, imposes fines or
deferred disposition as appropriate, allows payment of judgment in
installments:
Issues
warrant of arrest, prepares and files complaints for failure to appear.
Forfeits
bail and initiates bond forfeiture proceedings:
Undertakes
efforts to satisfy judgment, issues capias pro fines, conduct indigency
hearings:
Issuance
of Bad Check
Reviews
affidavit of probable cause, prepare complaints and file charges, send
notice of Charges filed and issue summons or warrant:
Collects
restitution
Failure
to Attend School Offenses against juveniles:
Thwarting
Compulsory Attendance:
Civil Jurisdiction:
Files
petitions instituting civil action within the jurisdiction of Justice Court:
Files
petitions instituting proceedings to enforce deed restrictions:
Evictions
from residential and commercial properties:
Files
petitions instituting civil action within the jurisdiction of the Small
Claims Court