Description of Office: Justice of the Peace
~ From 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 $10,000. They
can also deal with matters concerning foreclosure of mortgages and
enforcement of liens on personal property.