Texas Family Code 201.308 – Powers of Associate Judge
(a) Except as limited by an order of referral, an associate judge may:
(1) conduct a hearing;
(2) hear evidence;
(3) compel production of relevant evidence;
(4) rule on the admissibility of evidence;
(5) issue a summons for:
(A) the appearance of witnesses; and
(B) the appearance of a parent who has failed to appear before an agency authorized to conduct an investigation of an allegation of abuse or neglect of a child after receiving proper notice;
(6) examine a witness;
(7) swear a witness for a hearing;
(8) make findings of fact on evidence;
(9) formulate conclusions of law;
(10) recommend an order to be rendered in a case;
(11) regulate proceedings in a hearing;
(12) order the attachment of a witness or party who fails to obey a subpoena;
(13) order the detention of a witness or party found guilty of contempt, pending approval by the referring court; and
(14) take action as necessary and proper for the efficient performance of the associate judge’s duties.
(b) An associate judge may, in the interest of justice, refer a case back to the referring court regardless of whether a timely objection to the associate judge hearing the trial on the merits or presiding at a jury trial has been made by any party.
Terms Used In Texas Family Code 201.308
- Allegation: something that someone says happened.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Rule: includes regulation. See Texas Government Code 311.005
- Subpoena: A command to a witness to appear and give testimony.
- Summons: Another word for subpoena used by the criminal justice system.
- Swear: includes affirm. See Texas Government Code 311.005
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
