Today, there are approximately 835
Justices of the Peace in the State of Texas
These Justice Courts afford our citizenry with a valuable and readily accessible forum for the impartial adjudication of minor conflicts. More than 90% of Texans will only ever have contact with the court system through the Justice of the Peace Courts or Municipal Courts. These courts have a profound influence on public sentiment toward the entire court system and the judiciary.
Established By the Constitution
Since the Justice Court is created by the Texas Constitution, and its life and jurisdiction come from the Constitution, the Legislature has no power to destroy what the Constitution has created. Any change in matters such as the authority of the justice court, the number or boundaries of precincts, and the qualifications of the justices of the peace can be accomplished only by constitutional amendments, or by acts of the Legislature specifically authorized by the Constitution.
In the 1876 Constitution of the State of Texas, Article Five, Section One, the office of Justice of the Peace was established as a court with judicial power.
Today, in the Constitution of the State of Texas, Section Nineteen, Article Five, provides:
- Exclusive civil jurisdiction in matters of $200 or less controversy
- Justice of Peace Courts have original jurisdiction in criminal misdemeanors punishable by fine only
- Justices of the Peace shall be ex-officio notaries public
- Such other jurisdiction as provided by law
Civil Jurisdiction is further defined in Section 27.031, Texas Government Code. In addition to the jurisdiction and powers provided by the Constitution and other law, the justice court has original jurisdiction of:
- Cases of forcible entry and detainer (Eviction)
- Civil matters in which exclusive jurisdiction is not in the district or county court and in which the amount in controversy is not more than $20,000, exclusive of interest
- Foreclosure of mortgages and enforcement of liens on personal property in cases in which the amount in controversy is otherwise within the justice court’s jurisdiction
Magistrates
Additionally, Article 2.09 of the Texas Code of Criminal Procedure defines “magistrates” to include the Justice of the Peace. Duties of a magistrate in Article 2.10 of the Code are:
- To cause the arrest of offenders by the use of lawful means that they may be brought to punishment
- To issue all process intended to aid in preventing and suppressing crime
- To preserve the peace within his jurisdiction by the use of all lawful means
Precincts
Justice of Peace precincts are established by the commissioners court in accordance with the Constitution and depending on the population of the county according to the most recent federal census.
There may be as few as one precinct in small counties and as many as eight precincts in the larger counties. In some circumstances, there may be two or more justice of the peace courts (Places) in each precinct. The justice of the peace precincts do not necessarily have to conform to the commissioner precinct lines.
History of the Office of Justice of the Peace
The Office of Justice of the Peace was established in 1362 by King Edward III of England. It is credited with completing the centralization of government in England and is an integral part of the Anglo-American system of jurisprudence.
The Foundation
As the American colonies were being founded, one of the first offices established by the King was that of Justice of the Peace to establish and maintain order. The Americanized Justice of the Peace Court expanded to include taking acknowledgements, performing marriages and taking depositions. The colonial justice was a person of recognized standing.
Grass Roots Court
When Texas became a republic, this grass roots court was quickly instituted. With the sparse population and the need for decentralized government, the Justice of the Peace became an integral part of the government. The Republic’s Constitution of 1836 specified that a “convenient number of Justices of the Peace” were to be elected in each county by qualified voters for two-year terms. Then, in the 1876 Constitution of the State of Texas, Article Five, Section One, the office of Justice of the Peace was again established as a court with judicial power.