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About the Liberty County Court At Law |
| Liberty County has a tiered court system similar to many other counties of its size. The following is a short overview of the jurisdictions of the Liberty County court system, including the Liberty County Court At Law, for which Tommy is judge (replacing retired Judge Don Taylor January 4, 2011.) The lowest level courts in Liberty County are the Municipal Courts and Justice of the Peace (J.P.) Courts. They have criminal jurisdiction over Class C misdemeanors, which are fine only, or non-jailable offenses such as traffic violations, public intoxication, minors in possession of alcohol, and violations of city ordinances. The Cities of Liberty, Dayton, Cleveland, Daisetta and Devers each have their own Municipal Court with a Municipal Judge. Liberty County is geographically divided into six J.P. precincts. Each precinct has a presiding Judge (Justice of the Peace). The next level is the Constitutional County Court. The Texas Constitution provides for a County Judge who can serve not only a judicial function but also as the presiding officer of the County Commissioners Court. The County Judge is not required by law to have a legal background to hold office. As counties grew, and the complexity of legal cases grew with them, the Texas Legislature created County Courts At Law in specific counties, known as Statutory County Courts At Law, thereby splitting judicial functions away from the Constitutional County Court. Although the Liberty County Judge still has some jurisdiction over limited judicial matters, such as probate and juvenile violations, the Liberty County Court At Law was created by statute to have both criminal and civil jurisdiction over certain matters. The statute creating the Liberty County Court At Law requires the judge of this court to have a legal background. The civil jurisdiction of the County Court At Law includes disputes involving amounts of up to $100,000.00, probate cases (estates and guardianships), eminent domain, and family law cases involving matters such as: divorce, child custody, termination of parental rights, division of property upon divorce, adoption, mental health, etc. The criminal jurisdiction of this court is one step above the municipal and JP courts. The County Court at Law hears Class B and Class A misdemeanors such as first or second offense DWI, misdemeanor theft, misdemeanor assault, possession of marijuana,possession of certain controlled substances and dangerous drugs,harassment, criminal trespass, gambling, etc. The maximum punishment for Class B offenses is up to 6 months in the county jail (or probation for up to two years)and/or a fine of up to $2,000.00. Class A offenses are punishable by up to one year in the county jail (or probation for up to two years) and/or a fine of up to $4,000.00. The highest level of trial courts in Liberty County are the District Courts which hear all felonies and civil cases with unlimited jurisdiction over the amount in controversy. Liberty County has two District Courts: the 75th Judicial District Court and the 253rd Judicial District Court (which also has jurisdiction in Chambers County as well.) Mark Morefield is the Judge of the 75th District Court, and Chap B. Cain, III, is the Judge of the 253rd District Court. * Problems related to the use of a videotape system to record the proceedings in this court, instead of the certified court-reporter system used in all other courts, became obvious to Judge Chambers after he was elected and preparing to step into the judgeship. Judge Chambers decided to bring this court into compliance and hire a court reporter. A record of the court proceedings, particularly in criminal cases, is not an option and has to be provided to protect the rights of all parties. Although adding another person to the county payroll is expensive, the liability and risk to the county of not having a certified court reporter was far greater. If you have questions about the need for a court-reporter system in the Liberty County Court at Law, please send an email to Judge Thomas A. Chambers. Thank you. |
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