We have a JP who is refusing to handle truancy cases unless a prosecutor is assigned to the court for all stages of the case ((plea bargain (even guilty pleas) to trial.))

The JP (and the Justice Court Training Center) are of the opinion that Art. 45.031 of the Code of Criminal Procedure require this.

My position is that Section 25.091 of the Education Code allows the attendance officer of a school district to file the complaint (thereby relieving the prosecutor of this duty) and Section 25.093(e) and (g) of the Education Code allow "any authorized employee of the school district" to present the attendance records, thereby relieving the State of the burden of production.

Art. 45.031 allows the court to proceed in the absence of the prosecutor and 45.032 only requires acquital if the State fails to make a prima facie case (which is done with the attendance records.)

Finally, Art. 27.14(b) permits a guilty or nolo pleas without a prosecutor's participation.

I have surveyed about a dozen counties, none of whom assign a prosecutor to the JP courts. (We make one available for trials, if requested.)

I would be interested in your county's position on this. Have any of you been forced to staff the JP courts?

I worked in a County Attorney's office that was responsible to provide an attorney for the JPs, and we had one who made similar refusals. For a while, we attempted to placate her by sending a prosecutor, and trying to find one she liked enough to trust when told she did not need to have a prosecutor for all stages. Finally, the CA had to sit down with her and explain that we couldn't send an attorney to do things that we weren't required to do. (Something about the value of our time.) She usually would set things "coincidentally" to have a prosecutor there when she wanted one.

Luckily, she is out of office january 1.

I go to all truancy cases that have entered a not guilty plea. Usually have both a pretrial hearing and a trial date.....it can get VERY busy.
The JP just will not do them without a prosecutor there.

I appear and handle "juvenile" cases (ages 12-16). I started doing this at the request of our JP, but it gives me a better idea of what might be coming down the pike if they are later referred to juvenile court for contempt. The 17-and-over defendants in truancy cases are handled by school personnel.

go to truancy when a not guilty entered

I appear when the plea is NG. The defendant appears for a pretrial, which I do NOT attend. If all does not go as planned (bad puppy..promise to take your counseling and sin no more...), the case is set for pretrial on the same date as pretrials for traffic issues. THEN I appear. Generally they can be worked out. We have some problems with the school personnel keeping their records straight, and there have been times that I have agreed with the defendant for a dismissal.

Lisa L. Peterson
Nolan County Attorney

I go to JP court when there is a not guilty entered. It's not much a burden in a small county. I could see it being a big issue in a bigger county.

Ryan Hill

In my county, we have a rotation of misdemeanor prosecutors who go to the JP courts once a week. Any NGs are scheduled for that day, and they'll work out any pleas they can and then go to bench trial on the rest. Anyone who wants a jury trial has to be specially set to another day so they can bring in a jury panel.

At least two of our JP's try to work it out with the parents and kids if they they admit to it up front. If a NG plea is entered the our office becomes involved.

It's worked out fine to this point because they are placed on our regular pre-trial docket. We have to be there anyway, so we handle the truancy cases at the same time.