Is there a specific statute that gives a county court judge when he has authority over mental committments to transfer a case to a district court? It appears that the district court has jurisdiction but the statutes are not specific? Does anyone see a problem with a county judge transferring a case to district court?

Texas Health and Safety Code section 574.008(a) provides that jurisdiciton of a Mental Health Code proceeding for court-ordered inpatient services is fixed in the statutory or constitutional county court with the jurisdiction of a probate court in mental illness matters. Subsection (b) provides that where the judge is not a licensed attorney, and a request is made by the proposed patient, the court must transfer the case to "a court with a judge who is licensed to practice law in this state." There is no other, specific delineation in the statute between county or district courts.

I looked at that statute. The attorney that does the MC's in the office doesn't accept that this gives the district court jurisdiction if it is the county judge who wishes to make the transfer. A time conflict has arisen and he wants a District judge to cover the MC hearing. I think if the district court has concurrent jurisdiction the county judge can transfer it to the District judge on his own motion. Do you see a problem with the District court having jurisdiction under these circumstances? Does the district court actually have concurrent jurisdiction? I think the statute implies that it does; therefore, the county judge may transfer and there is no jurisdictional issues but the other attorney is not so sure - I guess it is a matter of interpretation.

Only if the district court has mental illness jurisdiction as described by the Probate Code. More likely than not, that's going to be a constitutional county court or a court at law. Otherwise, the statute seems clear that the authority to transfer is triggered by the proposed patient's request.

Can the patient request a transfer to District Court if both the county court and the county court at law have concurrent jurisdiction of mental health cases? That is, does the "request that the proceeding be transferred to a court with a judge who is licensed to practice law" enable the patient to tranfer from the non-attorney-judge-county-court, skip the county court at law and go to district court?

Also, is the patient the only one who can request transfer, or can the judge sua sponte transfer the case?