We have recently endured a revolt by our JP judges who have in the past prepared their own complaint forms. They rely, correctly, on ccp 2.04, in insisting that we prepare them.

The problem is this: Some of our law enforcement officers have neglected to bring us copies of citations (So, no "complaint being made"), so we haven't prepared a complaint, yet we have a couple of judges who will set it for trial anyway, then dismiss for lack of complaint.

My question is, in absence of a complaint, does a justice court ever even acquire jurisdiction? I know they are allowed to accept a "guilty" plea using the citation as complaint, but it seems to me that upon a plea of "not guilty" and in absence of a complaint which complies with 2.04, there is nothing for them to docket. Am I missing something?

What do they think they are dismissing? Can't you just come in later and file a complaint? A dismissal does not give rise to any jeopardy claim anyway.

2.04 says upon complaint being made before a district or county attorney . . . Normally, the citation is sent to the j.p. or muni court. Has a complaint been made to you?

CCP art. 45.019 sets out the requirements of a complaint in justice or municipal court and it is sufficient, among other things, if signed by the affiant and sworn to before any officer authorized to swear oaths. That conflicts with CCP art. 2.04 because 2.04 requires the attorney to attest to the complaint. Wouldn't the more specific statute control? Thus, since your signature is not required on the complaint, there is no legal reason the JP judges can't resume filing their own complaints.

Not sure if or how that helps but I do not want to start filing my own complaints.

I have always understood that CCP arts. 27.14(d), 45.018, and 45.019, when read together, provide that if a defendant elects to plead "not guilty," then a complaint complying with the requirements in Art. 45.019 must be executed and filed with the JP or municipal court and a copy provided to the defendant (or his/her attorney)no later than the day before the "proceeding" unless the defendant waives that right. No information required; the complaint stands in its place. I know that for the majority of our Troopers, when a person pleads not guilty, the court notifies the Trooper who then prepares the complaint.

Correct.

The subject line was a poor attempt at sarcasm.

45.018 would seem to provide the ability to waive a complaint. Also see 27.14 (d)which allows the citation to serve as a complaint on a plea of guilty. Chapter 45 controls over the general provisions see 45.0001 and 45.0002.

Our JP's tell defendant's to call my office to see about a deal on Class "C" offenses. When I call the JP back he is reluctant and sometimes will not do the deal. Also on IBC's the JP, I guess files the complaints; I never see them; I have never prosecuted one of these in the past 8 1/2 years; It appears that the JP's arrange and work out payment agreements with the defendants. At times I get a BS complaint about an assault or Disorderly Conduct and the JP does not want to dismiss. I really like staying out of JP court as much as possible. But don't you think the JP is over stepping their bounds. I will stop my rant now.

Clay, are you suggesting that 45.018 provides for a waiver of complaint by failing to raise the issue, or does the statute contemplate an affirmative waiver?

By the way, the impetus for this topic was a newly elected JP who returned from a training class insisting that JPs are not allowed to prepare their own complaints. For those of you who have JPs still doing their own, be sure to show them some love.