Texas Attorney General Opinion: LO97-015 Page: 3 of 7
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The Honorable James M. Kuboviak - Page 3
You next ask whether the local judges must revise the local rules to be consistent with
Government Code section 25.0232(g) before the county attorney may present the cases for filing in
the district clerk's office. The local rules are invalid because they do not comply with the law. Under
the law, as we stated in Letter Opinion No. 96-060, cases over which the district court or courts and
county courts have concurrent jurisdiction must be filed with the district clerk. Cases must be filed
in accordance with the law, regardless of the substance of a local rule. Accordingly, cases must be
filed with the district clerk whether or not the local judges revise the local rules to comply with the
law.
Your next questions concern what you call "juvenile cases." You specifically ask whether the
district clerk must assign juvenile cases to all five of the Brazos County courts because all five courts
have juvenile jurisdiction, or whether the Court Administration Act provides local judges the
discretion to decide that only county courts will hear juvenile cases. You also ask whether the district
clerk is the appropriate clerk for all of the juvenile cases in Brazos County.
You do not delineate what you mean by the phrase "juvenile cases," which causes us some
difficulty as we address your questions. In particular, we are uncertain whether you mean family-law
cases and proceedings, referred to in Government Code section 25.0232(a), or juvenile matters,
referred to in Government Code section 23.001. Government Code section 25.0232(a) provides
Brazos County courts at law and district courts with concurrent jurisdiction of family-law cases and
proceedings. For purposes of Government Code chapter 25, the phrase "family law cases and
proceedings" includes
cases and proceedings involving adoptions, birth records, or removal of
disability of minority or coverture; change of names of persons; child welfare,
custody, support and reciprocal support, dependency, neglect, or delinquency;
paternity; termination of parental rights; divorce and marriage annulment,
including the adjustment of property rights, custody and support of minor
children involved therein, temporary support pending final hearin& and every
other matter incident to divorce or annulment proceedings; independent
actions involving child support, custody of minors, and wife or child deser-
tion; and independent actions involving controversies between parent and
child, between parents, and between spouses.'0
On the other hand, Government Code section 23.001 generally bestows jurisdiction of juvenile
matters on each district court or statutory county court. Section 23.001 continues, however, to state
that any court with jurisdiction over juvenile matters "may be designated a juvenile court."'OGov't Code 25.0002.
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(L097-015)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: LO97-015, text, March 5, 1997; (https://texashistory.unt.edu/ark:/67531/metapth277199/m1/3/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.