(a) A county or district attorney or a deputy county or district attorney shall conduct each prosecution in a justice court.
(b) Except as otherwise provided by law, a district attorney or a deputy district attorney with the consent of the county attorney may prosecute an appeal from a justice court.

Terms Used In Texas Code of Criminal Procedure 45A.005

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.

(c) A municipal attorney or a deputy municipal attorney shall conduct each prosecution in a municipal court.
(d) The county attorney of the county in which a municipality is located may also represent the state in a prosecution in a municipal court in that municipality. The county attorney is not entitled to receive any fees or other compensation for representing the state in a prosecution described by this subsection.
(e) With the consent of the county attorney, a municipal attorney or a deputy municipal attorney may prosecute an appeal from a municipal court to a county court, county court at law, or appellate court.


Text of article effective on January 01, 2025

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