Wouldn't you know that my county attorney would go on vacation the day my county judge needs an answer to this question...

The County Court of my county has no probate, criminal, or civil jurisdiction except for juvenile jurisdiction. Can the County Judge, acting as a magistrate, sign emergency mental health warrants? As I read Gov't. Code 26.052, "mental health code" matters seems to be something different from "probate" matters. However "mental health code" jurisdiction was not specifically reserved by statute.

Someone help me so I can go back to practicing criminal law! Please feel free to call or email me directly.

Stephanie Stephens
steph7@cox-internet.com
936.560.7766

26.274 of the Government Code seems to take all jurisdiction from the County Court with the exception of juvenile jurisdiction. Since 26.274 applies and describes the jurisdiction of your County Court I would argue that he has no jurisdiction other than juvenile given the language in the statute.

Regardless of the jurisdictional scheme fixed by the Government Code, the Mental Health Code provides that a proceeding for court-ordered mental health services "must be held in the statutory or constitutional county court that has the jurisdiction of a probate court in mental illness matter." Tex. Health & Safety Code sec. 574.008(a). That being said, however, a warrant for emergency detention in a mental health case is presented to, and issued by "a judge or magistrate." Tex. Health & Safety Code sec. 573.012(a), see also id. at (d) ("The magistrate shall issue to an on-duty peace officer a warrant for the person's immediate apprehension ...."). Since the Mental Health Code does not itself define the term "magistrate," it is reasonable to invoke the designation under the Code of Criminal Procedure. As you know, article 2.09 of the Code of Criminal Procedure designates "the county judges" as magistrates. Thus, I would conclude that section 573.012 of the Health & Safety Code authorizes the county judge to sign an emergency warrant. I can tell you that our justices of the peace (whose court unquestionably lack jurisdiction to actually hold Mental Health Code proceedings) routinely sign emergency mental health warrant based on their status as "magistrates." When and if the case reaches the stage of an order for protective custody, that order must be signed by the judge of the court with jurisdiction over Mental Health Code proceedings or a magistrate designated to issue protective custody orders. See Tex. Health & Safety Code secs. 574.021(e), .022(a). It doesn't sound like you've reached that stage yet, though.

Well there you have it two lawyers two differing viewpoints. And people say our job is easy. Sorry your foray into civil law was so confusing.

My experience has been that, where we disagree, Ray usually is right. For what it's worth, I think Ray's analysis is correct insofar as subject matter jurisdiction goes. However, since you're coming from the criminal realm, you can look at the matter in the same way you look at search or arrest warrants. The ultimate felony criminal case will, of course, proceed in district court. However, any "magistrate" may issue the warrant. The language of the Mental Health Code convinces me that the same is true here. Now I can safely presume that you're really confused and really disenchanted with civil law. My work here is done.

Scott, I am so looking forward to continuing our chats in SPD.

I, too, am looking forward to convocation of the heretofore biennial Wanna Wanna Legal Forum.

I am disappointed in both Ray and Scott. I would think two fine attorneys of this caliber should be able to come up with considerably more than only two opinions..........

Which explains the need for the aforementioned Bwanna Wanna Forum. I can never remember how to spell it. Hence Scott and I have two opinions on how it is spelled as well.

Still disappointed--
I would expect two as a minimum from just one of you!

Thank you for your responses. You got me...right where I was! I was trying to reconcile the Government Code and the Health and Safety Code. Looks like my inability to figure it out wasn't as lame as I first thought. :-)

I really do appreciate your advice, and I have advised my county judge accordingly.

Stephanie

Lee, I will have you know that I have at least three opinions on any given issue. What I post is simply a question of which of the voices in my head speaks in the loudest and most cogent terms.

Thank Gooodness!!!

I was beginning to get worried