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Misdemeanor indictment - who is it delivered to?

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November 07, 2007, 15:58
ML
Misdemeanor indictment - who is it delivered to?
Grand jury chooses to indict for a misdemeanor offense (not alleging official misconduct so the county court has jurisdiction). Who receives the indictment? 20.21 says an indictment is delivered to "the judge or clerk of the court." Should the delivery be made to the district judge or the district clerk just like felony indictments with some type of subsequent transfer to the county clerk??? Or should misdemeanor indictments be delivered directly to the county clerk?
November 08, 2007, 07:27
JB
Deliver to judge or district clerk, along with a transfer order to be signed upon receipt. Then, send it along to the proper court and clerk.

[My experience is that you better hand walk all this stuff as most judges and clerks are baffled by this development because it doesn't happen often.]
November 08, 2007, 08:11
JohnR
This is covered by Articles 21.26 through 21.30, which even contemplate that Class C offenses might be indicted and transferred to a JP. I had to look that up recently.