Appealing from Some of Texas's Lowest Trial Courts- Justice Courts

The number of justices of the peace in the 254 counties of Texas varies greatly. 134-souled Loving County has only one. Justices of the Peace need not be attorneys. The largest county, Harris County, with county seat Houston, has eight justice of the peace precincts with two justices for each precinct. The Texas Constitution grants justice courts original jurisdiction of the trial of fine-only criminal offenses and exclusive jurisdiction of civil matters in which the amount in controversy is less than $200 and whatever other jurisdiction is additionally granted by law.

The highest elected official in any Texas county is the county judge. Early in Texas history, a county judge was a person of all work who presided over the work of a commissioners' court of four elected officials-- commissioners-- each of whom was responsible for a quarter of the county's land area. The judge and the commissioners managed the county's finances together, and additionally, a county judge presided over a county trial court ruling on misdemeanors, small civil matters, and probate matters. Now County Judges in large counties do not hold that latter court, but delegate that work to one or more county-courts-at-law created by the legislature. Additionally, large counties have dedicated probate courts, created by the legislature.   Whether or not a county judge holds a law court, such a judge, like a justice of the peace, need not be an attorney. County-court-at-law and probate judges do have to be attorneys as district court judges must.

"Bob, this is all fascinating, but what does it have to do with appellate law?" With a few exceptions-- always read the statute creating the court you are appearing in-- the rule about appealing judgments in these courts is that you have a right to a de novo trial in a court presided over by a lawyer judge. Usually, you go from a justice court to a county-court-at-law. You post a bond a day or less after the justice court proceeding and you get a de novo trial-- a trial "of newness"-- a do-over, the only disadvantage that the loser of the first trial bears is that the appeal bond will pay off the winner below if the bond filer loses. In civil matters, the judgment of the trial de novo can often be appealed to a court of appeals like any other civil case heard by the county-court-at-law. In a criminal matter, only federal or state constitutional matters may be taken up to a court of appeals.