Texas Government Code 54A.209 – Powers of Associate Judge
(a) Except as limited by an order of referral, an associate judge may:
(1) conduct a hearing;
(2) hear evidence;
(3) compel production of relevant evidence;
(4) rule on the admissibility of evidence;
(5) issue a summons for the appearance of witnesses;
(6) examine a witness;
(7) swear a witness for a hearing;
(8) make findings of fact on evidence;
(9) formulate conclusions of law;
(10) rule on pretrial motions;
(11) recommend the rulings, orders, or judgment to be made in a case;
(12) regulate all proceedings in a hearing before the associate judge;
(13) take action as necessary and proper for the efficient performance of the duties required by the order of referral;
(14) order the attachment of a witness or party who fails to obey a subpoena;
(15) order the detention of a witness or party found guilty of contempt, pending approval by the referring court as provided by Section 54A.214;
(16) without prejudice to the right to a de novo hearing under Section 54A.216, render and sign:
(A) a final order agreed to in writing as to both form and substance by all parties;
(B) a final default order;
(C) a temporary order;
(D) a final order in a case in which a party files an unrevoked waiver made in accordance with Rule 119, Texas Rules of Civil Procedure, that waives notice to the party of the final hearing or waives the party’s appearance at the final hearing;
(E) an order specifying that the court clerk shall issue:
(i) letters testamentary or of administration; or
(ii) letters of guardianship; or
(F) an order for inpatient or outpatient mental health, intellectual disability, or chemical dependency services or an order authorizing psychoactive medications; and
(17) sign a final order that includes a waiver of the right to a de novo hearing in accordance with Section 54A.216.
(b) An associate judge may, in the interest of justice, refer a case back to the referring court regardless of whether a timely objection to the associate judge hearing the trial on the merits or presiding at a jury trial has been made by any party.
Terms Used In Texas Government Code 54A.209
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Justice: when applied to a magistrate, means justice of the peace. See Texas Government Code 312.011
- Rule: includes regulation. See Texas Government Code 311.005
- Signed: includes any symbol executed or adopted by a person with present intention to authenticate a writing. See Texas Government Code 311.005
- Subpoena: A command to a witness to appear and give testimony.
- Summons: Another word for subpoena used by the criminal justice system.
- Swear: includes affirm. See Texas Government Code 311.005
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(c) An order described by Subsection (a)(16) that is rendered and signed by an associate judge constitutes an order of the referring court. The judge of the referring court shall sign the order not later than the 30th day after the date the associate judge signs the order.
(d) An answer filed by or on behalf of a party who previously filed a waiver described in Subsection (a)(16)(D) revokes that waiver.