Houston Criminal Defense Attorney - Brian Foley - Board Certified in Criminal Law
According to Texas Code of Criminal Procedure 2.09, a magistrate is defined as the following officials:
Justices of the Supreme Court - These are civil court judges that hear the highest level appeals in the State of Texas. Civil law deals with disputes between individuals or organizations, while criminal law deals with behavior prohibited by the state, punishable by imprisonment or fines. Civil law aims to compensate, criminal law aims to punish and protect society.
Judges of the Court of Criminal Appeals - These are criminal court judges that hear the highest level appeals in the State of Texas. There is an old joke among lawyers because these judges are called, "Judges" and the Civil law judges are called "Justices." The joke goes, "There is no justice at the court of criminal appeals . . . " Lol for all the lawyers
Justices of the Courts of Appeals - These are Civil and Criminal Court Appellate Judges that hear cases after someone has lost a trial or hearing at the district or county court level.
Judges of the District Courts - These are civil and criminal trial court judges which hear cases and conduct jury trials on felony level criminal offenses and civil cases.
Magistrates appointed by the judges of the district courts of Bexar County, Dallas County, or Tarrant County that give preference to criminal cases.
Criminal law hearing officers for Harris County appointed under Subchapter L, Chapter 54, Government Code.
Criminal law hearing officers for Cameron County appointed under Subchapter BB, Chapter 54, Government Code.
Magistrates or associate judges appointed by the judges of the district courts of Lubbock County, Nolan County, or Webb County.
Magistrates appointed by the judges of the criminal district courts of Dallas County or Tarrant County.
Associate judges appointed by the judges of the district courts and the county courts at law that give preference to criminal cases in Jefferson County.
Associate judges appointed by the judges of the district courts and the statutory county courts of Brazos County, Nueces County, or Williamson County.
Magistrates appointed by the judges of the district courts and statutory county courts that give preference to criminal cases in Travis County.
Criminal magistrates appointed by the Brazoria County Commissioners Court.
Criminal magistrates appointed by the Burnet County Commissioners Court.
Magistrates appointed by the El Paso Council of Judges.
County judges - These are judges in county courts and do not necessarily have to be lawyers.
Judges of the county courts at law - These are judges of civil or criminal courts that handle misdemeanor cases, family law, or probate generally.
Judges of the county criminal courts - These are judges that handle misdemeanor cases of the Class B or Class A variety.
Judges of statutory probate courts - These are judges handling only probate matters.
Associate judges appointed by the judges of the statutory probate courts under Chapter 54A, Government Code.
Associate judges appointed by the judge of a district court under Chapter 54A, Government Code.
Magistrates appointed under Subchapter JJ, Chapter 54, Government Code.
Magistrates appointed by the Collin County Commissioners Court.
Magistrates appointed by the Fort Bend County Commissioners Court.
Justices of the peace - These Judges are not necessarily required to be lawyers and handle cases of the Class C Misdemeanor variety. These are not punishable by jail time but rather only a monetary fine. These courts are also different in that they do not have a court reporter and don't have a "record" of the proceedings like they do in County and higher courts.
Mayors and recorders
Judges of the municipal courts of incorporated cities or towns
Art. 2.09. WHO ARE MAGISTRATES. Each of the following officers is a magistrate within the meaning of this Code: The justices of the Supreme Court, the judges of the Court of Criminal Appeals, the justices of the Courts of Appeals, the judges of the District Court, the magistrates appointed by the judges of the district courts of Bexar County, Dallas County, or Tarrant County that give preference to criminal cases, the criminal law hearing officers for Harris County appointed under Subchapter L, Chapter 54, Government Code, the criminal law hearing officers for Cameron County appointed under Subchapter BB, Chapter 54, Government Code, the magistrates or associate judges appointed by the judges of the district courts of Lubbock County, Nolan County, or Webb County, the magistrates appointed by the judges of the criminal district courts of Dallas County or Tarrant County, the associate judges appointed by the judges of the district courts and the county courts at law that give preference to criminal cases in Jefferson County, the associate judges appointed by the judges of the district courts and the statutory county courts of Brazos County, Nueces County, or Williamson County, the magistrates appointed by the judges of the district courts and statutory county courts that give preference to criminal cases in Travis County, the criminal magistrates appointed by the Brazoria County Commissioners Court, the criminal magistrates appointed by the Burnet County Commissioners Court, the magistrates appointed by the El Paso Council of Judges, the county judges, the judges of the county courts at law, judges of the county criminal courts, the judges of statutory probate courts, the associate judges appointed by the judges of the statutory probate courts under Chapter 54A, Government Code, the associate judges appointed by the judge of a district court under Chapter 54A, Government Code, the magistrates appointed under Subchapter JJ, Chapter 54, Government Code, the magistrates appointed by the Collin County Commissioners Court, the magistrates appointed by the Fort Bend County Commissioners Court, the justices of the peace, and the mayors and recorders and the judges of the municipal courts of incorporated cities or towns. Amended by: Acts 2019, 86th Leg., R.S., Ch. 606 (S.B. 891), Sec. 5.01, eff. September 1, 2019.
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