What are your primary responsibilities and duties as a Texas Justice of the Peace?
What are your primary responsibilities and duties as a Texas Justice of the Peace?
The Constitution established the office of Justice of Peace, which has created an impression that Justice of the Peace Courts are separate from the rest of the judiciary. The Texas Supreme Court seems to be moving to change that. The trend in recent years is to refer to the Justice of the Peace as the Judge of the Justice Court, because duties and responsibilities are basically the same as any other Judge.
We serve as the trial court judge over Class C Misdemeanor fine-only criminal offenses for adults and juveniles; as well as debt claim and small claim civil cases with damages up to $20,000.00, eviction cases, and repair and remedy cases. Additionally, in my capacity as a magistrate for the county (all Judges in the county are also magistrates), I issue misdemeanor and felony warrants, Emergency Apprehension and Detention warrants for persons who may be suffering from a mental illness, and perform magistration duties as any other magistrate can for persons who have been accused of misdemeanor and felony criminal offenses, including setting the amount of bail, issuing Emergency Protective Orders when required, setting conditions of bond and release, and presiding over various Administrative Hearings, such as Occupational Driver’s License, License Suspensions and dispositions of stolen property hearings. Also, dangerous dog and cruelly treated animal hearings.
Because Kaufman County does not have a Medical Examiner’s Office, each Justice of the Peace serves as a coroner for the county with regard to unattended deaths and certifies death certificates for deaths reported to them by law. This is a duty that no other Judge in the county can perform. So I may be at an auto accident at 3:00 a.m., then at the county jail about 8:00 a.m. magistrating prisoners, and then have a court docket either later in the morning or early afternoon all in the same day. I also perform marriage ceremonies, which gives me an opportunity to interact with people as a Judge on a more personal level.
What inspired you to pursue the role of a Justice of the Peace?
Having worked in the legal field for over 30 years, my work often took me to the courtroom, where I found myself intrigued by the role of the Judge, who was tasked with ensuring that both sides in a case received a fair hearing. I saw first hand how socio economic factors often influenced legal outcomes. When presented with an opportunity to be appointed a Municipal Court Judge, I felt with my legal background that I could learn how to be a Judge, because of my knowledge of the law and passion for fairness. Several years later I sought the appointment as Justice of the Peace in Precinct 1 to fill a vacancy in that office and was subsequently elected for 3 terms so far. This has allowed me to serve my community and ensure fairness and justice for all parties who have a case before me.
What life experiences have helped you in your role as JP?
Choosing to become a Judge has been a journey rooted in personal experiences and a passion for fairness. I began working in law offices in 1976. Through the years, I had the opportunity to learn legal processes, court procedures, how to read and interpret state statutes, and how to explain those processes in both civil and criminal cases. I also had to be able to communicate effectively with clients, court personnel, and oftentimes Judges.
What do you see as the most significant challenges facing Justice of the Peace courts today?
The growth rate for Kaufman County is presenting significant challenges to all of our Courts, not just Justice Court. More people lead to more debt claims and civil cases being filed in our Courts, as well as more criminal activity. While eviction filings in Justice Court, Precinct 1 are generally lower than the other three (3) precincts, Precinct 1 has seen an increase in eviction filings.
Precinct 1 now serves Kaufman; parts of Terrell and Crandall, Talty, and a larger portion of Forney than it did before. Every two years, there are statutory changes that impact and add to our duties and responsibilities, not only as Judges of the Justice Court, but also as magistrates for the County. As county magistrates, we perform many duties as the jail, including setting bail, Ordering Conditions of Bond and Release, Enforcing Bond Conditions in the case of violations, and issuing Emergency Protective Orders. These duties require us to spend more time at the jail, generate more paperwork, and cause more work for our court clerks. I usually laugh before each Legislative session and say “let’s see what more will be pushed onto Justice Courts”.
What do you believe is the most important quality for a Justice of the Peace to have?
I believe that it is not just one quality but a culmination of several qualities, including judicial temperament, patience, a good disposition, compassion, and common sense. Those qualities should be demonstrated consistently.
The ability to be a legal decision-maker combines honesty, integrity, fairness, and empathy. Being able to connect with those whose cases come before your Court and connecting with your staff to inspire them to work together so that your court works well. It is not always easy to be a Judge; you have to be able to uphold the principles of justice and fairness in the decisions that you make and be able to accept public criticism.
JP Courts involve a lot of pro se (parties without lawyers). How does this impact your role as Judge?
Rules in the Justice Court for civil cases are different from other Courts. Although we still follow many of the Rules of Civil Procedure, Justice Court rules are designed for people without legal experience to hopefully be able to navigate. The Texas Rules of Evidence may not apply in Justice Court cases (unless the Judge rules otherwise). This makes it much easier for Pro Se litigants to introduce evidence at trial.
One problem with pro se litigants is they often do not understand that they do have to provide proof of their damages. You can have a meritorious legal argument, but without proof of damages, a court may not be able to grant any monetary relief.
In Justice Court, as opposed to other Courts, the Judge does have the ability to ask their own questions of both Plaintiff and Defendant to get a clearer picture of the facts of the case and help develop the case.
What would you like the public to know about your JP court?
I believe that we have a reputation for handing out a lot of grace at Justice Court, Pct. 1. My Court Clerks have all been with me for several years and are committed to assisting persons who have business with the Court as courteously as possible. Because the Justice Court is more accessible to the public than other Courts, there is often a misconception that you can just come and talk to the Judge, and they can answer your legal questions or tell you what you can do; however, that is not the case.
Neither the Judge nor Court Clerks can give legal advice. We can explain a legal process and provide self-help packets but cannot fill out court paperwork for others. My court clerks are all dedicated to helping the public in any way that they can. However, we are often contacted about matters that have no connection to the Court that they cannot help them with but will try to refer them to the proper department or person that may be able to help them.