Texas Government Code 54.876 – Proceeding That May Be Referred
Current as of: 2024 | Check for updates
|
Other versions
(a) A district judge or a county court at law judge may refer to a magistrate any criminal case for proceedings involving:
(1) a negotiated plea of guilty before the court;
(2) a bond forfeiture;
(3) a pretrial motion;
(4) a postconviction writ of habeas corpus;
(5) an examining trial; and
(6) any other matter the judge considers necessary and proper.
(b) A magistrate may accept a plea of guilty for a misdemeanor or felony.
Terms Used In Texas Government Code 54.876
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- 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.
- 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.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(c) A magistrate may not preside over a trial on the merits, whether or not the trial is before a jury.
(d) A judge of a court designated a juvenile court may refer to a magistrate any proceeding over which a juvenile court has exclusive original jurisdiction under Title 3, Family Code, including any matter ancillary to the proceeding.