Texas Government Code 54.2806 – Jail Magistrate
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(a) The district court judges with jurisdiction in Denton County and the judges of the criminal statutory county courts of Denton County may, with the approval of the Commissioners Court of Denton County, appoint by joint standing order one or more full-time jail magistrates qualified to serve under § 54.2807.
(b) A jail magistrate has the jurisdiction provided by the constitution and laws of this state for magistrates for criminal cases in which the defendant is in the custody of Denton County jail and has not yet been charged with a criminal offense by complaint, information, or indictment.
Terms Used In Texas Government Code 54.2806
- Arrest: Taking physical custody of a person by lawful authority.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- 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
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- sworn: includes affirm or affirmed. See Texas Government Code 312.011
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) A jail magistrate shall ensure timely compliance with Article 15.17, Code of Criminal Procedure, in all cases within the magistrate’s jurisdiction, give preference to performing the duties of a magistrate under that article, and perform the following duties:
(1) consider sworn complaints or affidavits establishing probable cause and entering orders of release or commitment;
(2) conduct hearings under Article 15.17, Code of Criminal Procedure, provide warnings, and advise a defendant of the defendant’s right to counsel;
(3) determine if a defendant is indigent and in need of appointed counsel;
(4) set, adjust, or revoke a bond;
(5) set the conditions of bond;
(6) conduct an examining trial;
(7) issue search and arrest warrants;
(8) issue magistrate’s orders of emergency protection; and
(9) with the express authorization of a justice of the peace, exercise concurrent criminal jurisdiction with the justice of the peace to dispose as provided by law of cases filed in the precinct of the authorizing justice of the peace, except for a trial on the merits following a plea of not guilty.
(d) A jail magistrate may be assigned additional duties by the criminal law magistrate court associate judge appointed under § 54.2805.
(e) A jail magistrate has the express authority and duty to:
(1) order the release of defendant due to an extraordinary medical condition;
(2) consider information and make inquiries regarding a defendant’s mental health;
(3) issue orders or writs as necessary for the evaluation, treatment, and accommodation of a defendant’s mental health issue; and
(4) communicate with the Denton County local mental health authority or another qualified mental health professional to provide continuing care to a defendant.
(f) In addition to the full-time jail magistrates appointed under Subsection (a), the district court judges with jurisdiction in Denton County and the judges of the criminal statutory county courts of Denton County may appoint or engage by joint standing order one or more part-time jail magistrates to serve as a jail magistrate as assigned. A part-time jail magistrate must be qualified to serve as a magistrate in the county under § 54.2807 and be a sitting district, statutory county, or municipal court judge or a justice of the peace in Denton County.