Texas Government Code 54.738 – Transfer and Assignment of Cases
Current as of: 2024 | Check for updates
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(a) Except as provided by Subsection (b) or local administrative rules, the local administrative judge or a judge of the criminal law magistrate court may transfer between courts a case that is pending in the court of any magistrate in the criminal law magistrate court’s jurisdiction if the case is:
(1) an unindicted felony case;
(2) a Class A or Class B misdemeanor case if an information has not been filed; or
(3) a Class C misdemeanor case.
(b) A case may not be transferred from or to the magistrate docket of a judge on the El Paso Council of Judges without the consent of the judge of the court to which it is transferred.
Attorney's Note
Under the Texas Codes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B misdemeanor | up to 180 days | up to $2,000 |
| Class C misdemeanor | up to $500 |
Terms Used In Texas Government Code 54.738
- Docket: A log containing brief entries of court proceedings.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
(c) Except as provided by Subsection (d) or local administrative rules, the local administrative judge may assign a judge on the council of judges, a judge of the criminal law magistrate court, a retired judge, or any other magistrate to act as presiding judge in a case that is pending in the court of any magistrate in the criminal law magistrate court’s jurisdiction if the case is:
(1) an unindicted felony case;
(2) a Class A or Class B misdemeanor case if an information has not been filed; or
(3) a Class C misdemeanor case.
(d) A case may not be assigned to a judge on the council of judges without the assigned judge’s consent.
(e) This section applies only to the district courts, county courts at law, justice courts, and municipal courts in the county.
(f) The local administrative judge may delegate or the local administrative rules may provide for the delegation of the power to transfer or assign cases to any other judge on the council of judges.