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Office of the ittornep @enerat State of texas DAN MORALES July 20, 1992 ATTORNEY GENERAL Honorable Leslie V. Vance Letter Opinion No. 92-23 Criminal District Attorney Eastland County Re: Jurisdiction of justice courts in P. O. Box 527 misdemeanor cases (ID# 16403) Eastland, Texas 76448-0527 Dear Mr. Vance: We are in receipt of your office's letter inquiring into the limitations placed by the legislature on the criminal jurisdiction of justice of the peace courts. Although it is true that the Texas Constitution, article V, section 19, declares that justice courts "shall have original jurisdiction in criminal matters of misdemeanor cases punishable by fine only," this provision is not self-enacting. The legislature has chosen to further delimit justice court jurisdiction to criminal cases "where the fine to be imposed may not exceed five hundred dollars." Code Crim. Proc. art. 4.11. In our opinion, there is no prohibition on the legislature thus circumscribing the jurisdiction of such courts. In response to your question, therefore, our answer is that a justice court properly has jurisdiction only in those criminal cases in which the fine to be imposed does not exceed five hundred dollars. SUMMARY A justice court properly has jurisdiction only in those criminal cases in which the fine does not exceed five hundred dollars. Very truly yours,
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Rick Gilpin v Assistant Attorney General Opinion Committee
P.O. BOX 12548 \\ -' xIl IPl tYI t(PPORTHI N\Tl .1\!PI c I
AUSTIN, TEXAS 78711-2548
512/463-2100
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