Texas Attorney General Opinion: MW-581 Page: 1 of 4
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The Attorney General of Texas
December 31, 1982MARK WHITE
Attorney General
Supreme Court Building
P. O. Box 12548
Austin, TX. 78711- 2548
512/475-2501
Telex 910/874-1367
Telecopier 512/475-0266
1607 Main St., Suite 1400
Dallas, TX. 75201-4709
214/742-8944
4824 Alberta Ave., Suite 160
El Paso, TX. 79905-2793
915/533-3484
1220 Dallas Ave., Suite 202
Houston, TX. 77002-6986
713/650-0666
806 Broadway, Suite 312
Lubbock, TX. 79401-3479
806/747-5238
4309 N. Tenth, Suite B
McAllen, TX. 78501-1685
512/682-4547
200 Main Plaza, Suite 400
San Antonio, TX. 78205-2797
512/225-4191
An Equal Opportunity/
Affirmative Action EmployerHonorable Steve W. Simmons
District Attorney
El Paso, Culberson, Hudspeth Counties
303 City-County Building
El Paso, Texas 79901Opinion No. MW-581
Re: Jurisdiction of county
courts at law to consider
applications for Writs of
Habeas Corpus in felony
cases, and related mattersDear Mr. Simmons:
You ask two questions. First, you ask about the jurisdiction of
a county court at law to consider an application for writ of habeas
corpus where the underlying offense is a felony. Second, you ask
whether a county court at law judge, sitting as a magistrate, has
jurisdiction to review the amount of bail previously set by a justice
of the peace acting as a magistrate, or to review a finding regarding
probable cause previously made by a justice of the peace sitting as a
magistrate.
By way of illustration, you relate that a justice of the peace,
acting in his capacity as a magistrate, issued a felony warrant
pursuant to a complaint filed in his court. He also set bail.
Following the arrest of the accused, an application for writ of habeas
corpus was filed by the accused in the county court at law. You
question whether the county court at law could properly assume
jurisdiction of such a petitioner's application for writ of habeas
corpus. You also question the power of judges of county courts at
law, sitting as magistrates, to review or modify the orders of other
magistrates.
When county court at law judges sit in an ordinary judicial
capacity there can be no question about their lack of authority to
issue writs of habeas corpus in felony cases. County courts at law
are essentially constitutional county courts with limited
jurisdiction, Texas Pipe Line Company v. Hunt, 228 S.W.2d 151, 153
(Tex. 1950), and such courts in El Paso have no jurisdiction of felony
offenses. V.T.C.S., arts. 1970-128, 1970-141.1, 1970-141.2,
1970-141.3, 1970-141.4. Article V, section 16 of the Texas
Constitution, as amended September 1, 1981, reads in pertinent part:p. 2152
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Texas. Attorney-General's Office. Texas Attorney General Opinion: MW-581, text, December 31, 1982; (https://texashistory.unt.edu/ark:/67531/metapth272427/m1/1/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.