i work in a small county and I hear people say that "smaller counties take priority over larger counties" regularly. usually, it involves multiple courts playing tug-o-war with the same attorney. but i have never seen this codified or in any OCA guidelines or anything like that.

does anybody know where this rural legend comes from?

If you ever find it, please share!

I do not believe there is any codification, more a historical practice. Having worked in both very small counties and in larger (though not huge) ones, I have generally observed that smaller counties will sometimes "take priority" over larger ones simply because in a smaller county, there may only be a single district judge available a couple of days of the month (when the district judge sits in multiple counties), whereas in larger counties there are usually multiple judges available more often. For example, resetting a plea to a later date in a larger county may mean a delay of a few days or a week, while resetting a plea in a small county may mean a delay of a month - or even 2 if a scheduling conflict arises on the days the judge has for court the next month.

Check the local rules for your administrative judicial region on Texas Courts Online.

kaboom. thanks, Derek. That's right where it is. Here's the rule for the 2nd Administrative Judicial Region.

RULE 10: CONFLICTING ENGAGEMENTS OF ATTORNEYS.
10.1ı Attorney already in trial in another Court.
10.1.1ı When informed that an attorney is presently in trial, the Court will determine where and when assigned. This information will be verified upon request of opposing counsel. The case will be placed on "hold" or reset, depending upon when the attorney will be released.
10.1.2ı If the attorney is not actually in trial as represented by the attorney or agent, the case will be tried without further notice.
10.2ı Attorney assigned to two Courts for the same date:
10.2.1ı It is the duty of the attorney to call the affected Judge's attention to all dual settings as soon as they are know.
10.2.2ı Insofar as practicable, Judges should attempt to agree on which case has priority, otherwise the following priorities shall be observed by the Judges of the respective Courts:
10.2.2.1 Criminal Cases.
10.2.2.2 Cases given preference of Statute.
10.2.2.3 Preferentially set cases.
10.2.2.4 Case set at earliest date.
10.2.2.5 Case with earliest filing date.
10.2.2.6 Courts in metropolitan County areas should yield to Courts in rural County areas in
10.2.2.7ı In event of unresolved conflict between two judges, the issue will be decided by the Local Administrative Judge or the Regional Presiding Judge.

Lisa, yours are found here:

http://www.txcourts.gov/7ajr/rules.asp

Thank you! Those are ancient. Judge Kirk retired nearly 20 years ago!