What is a Justice of the Peace? What do they do?

• Hear three kinds of civil lawsuits: evictions, justice civil ($5000 limit), and small claims ($5000 limit)
• You don't have to be an attorney; only 46 out of 838 JPs statewide are attorneys
• All eight of Tarrant County's current JP's are not attorneys
• JP courts are designed to be the people's court: common sense prevails, less formal setting, costs kept to a minimum

(The following is the description of office provided by the Texas Association of Counties)

The justice of the peace is the legal jurisdiction closest to the average citizen.

Section 19 of Article 5 of the Texas Constitution provides that: justice of the peace courts have original jurisdiction in criminal matters of misdemeanor cases punishable by fine only and such other jurisdiction as may be provided by law. Original jurisdiction is the authority to accept a case at its inception, try it and pass judgment based upon the laws and facts. This is distinguished from appellate jurisdiction, which is jurisdiction to review a court's action. The justice of the peace performs the functions of a magistrate and conducts inquests.

A justice of the peace may issue warrants for search and arrest, conduct preliminary hearings, administers oaths, perform marriages and serve as a coroner in counties where there is no provision for a medical examiner. The justice court also functions as a small claims court in civil matters in which exclusive jurisdiction is not in district or county court and the amount in controversy does not exceed $5,000. They can also deal with matters concerning foreclosure of mortgages and enforcement of liens on personal property.

JPs hear three different kinds of civil lawsuits:

• Evictions
• Justice Civil (up to a $5000 limit)
• Small Claims (up to a $5000 limit)

Eviction and Justice Civil cases are conducted according to the rules of civil procedure and evidence. Small Claims court (the people's court) cases are not bound by the rules of civil procedure or evidence (the judge gets to ask questions). Post judgment proceedings on all three different types of civil cases are the same, with the exception of the actual eviction process itself which has its own set of rules.

JP courts also adjudicate the class C misdemeanor criminal cases which are filed in their courts by the various state and county agencies which are authorized to write citations, i.e. DPS, Sheriff's Department, Constable's Office, Game Wardens, Cosmetology Commission, Health and Water Departments, Plumbing Board, School Attendance offices, etc. A JP's duties also include matters such as driver's license suspension hearings, deed restriction cases, and disposition of stolen property hearings.

A JP is also a magistrate and those duties include matters such as adult and juvenile magistrate's warnings (on all classes of criminal offenses), arraignments on class C misdemeanors, magistrate's emergency protective orders, and signing of probable cause warrants.

There are eight JP precincts in Tarrant County, the office is an elected one, and the term of office is four years. JPs do not have to be attorneys.

map of Tarrant County's justice of the peace precincts