ALEX WATHEN
ATTORNEY AT LAW

AGGRESSIVE TRAFFIC TICKET DEFENSE - Winning and dismissal is my top priority!

HARRIS COUNTY JUSTICE OF THE PEACE COURTS

The JP courts in Harris County consist 16 courts two each in 8 different precincts. They are as diverse both in size, style, quality, efficiency, and professionalism as the population of the county. Your experience can be anything from pretty good to shocking.

Check your court date and case status!

MY TICKET IS FILED CLEAR ACROSS THE COUNTY IN THE WRONG PRECINCT

You have a statutory right to be tried in either the precinct you live in or where the alleged offense was committed. Note that there are a exceptions based on local rules for motor carrier safety violations which can only be prosecuted in Precinct 6, the Plumbing License Law only in Precinct 2, the State Lottery Act only in Precinct 7, and State and County Regulations Relating to Fires, Explosions, or Damages Caused by a Fire or Explosion only in Precinct 4:

Texas Code of Criminal Procedure

Art. 4.12. MISDEMEANOR CASES; PRECINCT IN WHICH DEFENDANT TO BE TRIED IN JUSTICE COURT.
(a) Except as otherwise provided by this article, a misdemeanor case to be tried in justice court shall be tried:
(1) in the precinct in which the offense was committed;
(2) in the precinct in which the defendant or any of the defendants reside; or
(3) with the written consent of the state and each defendant or the defendant's attorney, in any other precinct within the county.
(b) In any misdemeanor case in which the offense was committed in a precinct where there is no qualified justice court, then trial shall be held:
(1) in the next adjacent precinct in the same county which has a duly qualified justice court; or
(2) in the precinct in which the defendant may reside.
(c) In any misdemeanor case in which each justice of the peace in the precinct where the offense was committed is disqualified for any reason, such case may be tried in the next adjoining precinct in the same county having a duly qualified justice of the peace.
(d) A defendant who is taken before a magistrate in accordance with Article 15.18 may waive trial by jury and enter a written plea of guilty or nolo contendere.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1999, 76th Leg., ch. 1545, Sec. 2, eff. Sept. 1, 1999; Subsec. (d) added by Acts 2001, 77th Leg., ch. 145, Sec. 1, eff. Sept. 1, 2001.

Texas Government Code

§ 75.404. PRESIDING JUDGE FOR HARRIS COUNTY JUSTICE COURTS.
(a) The justices of the peace in Harris County may select from among themselves a presiding judge.
(b) The presiding judge shall be selected during the month preceding the term the judge is to serve by a two-thirds vote of the judges. The presiding judge serves a term of one year unless by a vote of two-thirds of the judges the selection is canceled and another judge is selected to serve the unexpired term. Each judge shall enter on the minutes of the court an order reciting the selection of the presiding judge.
(c) A copresiding judge may be selected in the same manner as the presiding judge. The copresiding judge serves when the presiding judge is absent or disabled for any reason and has the same duties as the presiding judge.
(d) The presiding judge shall:
(1) preside at any session of the judges;
(2) keep a record of the decisions of the judges;
(3) appoint special or standing committees necessary for court management and administration;
(4) implement local rules, including assignment, docketing, transfer, and hearings of cases; and
(5) provide statistical and management information requested by the supreme court or the Office of Court Administration of the Texas Judicial System.
(e) If a justice of the peace in Harris County is absent or for any reason unable to preside, the presiding judge may appoint, in addition to a qualified person authorized by law, a former justice of the peace or a former county court, statutory county court, or district court judge who served as a judge in this state and who consents to the appointment as a special judge to preside for the justice of the peace. The presiding judge may designate the duration of the appointment, not to exceed 60 days, and may revoke an appointment at any time. The duties and powers of a special judge are the same as for the regular justice of the peace.
(f) The commissioners court may compensate the special judge.
(g) The justices of the peace in Harris County may adopt local rules:
(1) that are consistent with Chapter 45, Code of Criminal Procedure, and Part V, Texas Rules of Civil Procedure, for practice and procedure in the justice courts of Harris County; and
(2) for practice and procedure in the small claims courts of Harris County.
(h) A local rule may be adopted by two-thirds vote of the justices of the peace.
(i) A local rule may provide for assigning, docketing, transferring, or hearing of a case.
(j) Notwithstanding other provisions of law regarding venue:
(1) a misdemeanor case to be tried in a justice court of Harris County may be prosecuted, according to a local rule, in any precinct in the county designated by the local rule; and
(2) a civil case, except a suit for forcible entry and detainer or involving real property, may be brought, according to local rule, in any precinct in the county designated by the local rule.
(k) Each justice of the peace shall enter the local rules on the minutes of the court. On request, a justice of the peace shall provide a copy of the local rules to any interested person.

Added by Acts 1987, 70th Leg., ch. 163, § 3, eff. Aug. 31, 1987. Amended by Acts 1995, 74th Leg., ch. 216, § 1, eff. May 23, 1995; Acts 1997, 75th Leg., ch. 661, § 1, eff. Sept. 1, 1997; Acts 2001, 77th Leg., ch. 583, § 1, eff. Sept. 1, 2001.

Local Rules of the Harris County Justice Courts

Rule 2.1.1. Commercial Motor Vehicle Safety Standards

All complaints and affidavits made by the sheriff or a deputy sheriff certified to enforce Commercial Motor Vehicle Safety Standards as provided in Chapter 644 of the Texas Transportation Code, and involving a commercial motor vehicle, shall be prosecuted in a Justice of the Peace Court in Precinct 6.
In the event that such complaints and affidavits are presented for prosecution in any other Justice of the Peace Court, that Justice of the Peace shall immediately forward such complaints and affidavits to a Justice of the Peace Court in Precinct 6 for prosecution.

ADOPTED April 22, 2004

Read the full text of the Local Rules of the Harris County Justice of the Peace Courts.