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| 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. |
| Posts: 1233 | Location: Amarillo, Texas, USA | Registered: March 15, 2001 | ![Reply With Quote Reply With Quote](https://tdcaa.infopop.net/groupee_common/ver1.3.7.2147483647/platform_images/blank.gif) ![Edit or Delete Message Edit or Delete Message](https://tdcaa.infopop.net/groupee_common/ver1.3.7.2147483647/platform_images/blank.gif)
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| 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. |
| Posts: 1233 | Location: Amarillo, Texas, USA | Registered: March 15, 2001 | ![Reply With Quote Reply With Quote](https://tdcaa.infopop.net/groupee_common/ver1.3.7.2147483647/platform_images/blank.gif) ![Edit or Delete Message Edit or Delete Message](https://tdcaa.infopop.net/groupee_common/ver1.3.7.2147483647/platform_images/blank.gif)
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| 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.......... ![Big Grin](https://tdcaa.infopop.net/infopop/emoticons/icon_biggrin.gif) |
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| Still disappointed-- ![Frown](https://tdcaa.infopop.net/infopop/emoticons/icon_frown.gif) I would expect two as a minimum from just one of you! |
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| Thank Gooodness!!! ![Big Grin](https://tdcaa.infopop.net/infopop/emoticons/icon_biggrin.gif) I was beginning to get worried |
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