If the County Judge is absent for several days, who else has authority to sign Orders of Protective Custody in Mental Commitment cases?

Our county does not have a "designated magistrate" as contemplated by Chapter 574 of the Mental Health Code. I also do not have a visiting judge appointed as allowed by the Government Code.

I thought there was a statute that said that the nearest district judge can sign for a district judge who is not in the County, but I can't find that statute. Is there a similar provision applicable to constitutional county judges?

I do not know the answer, but could the county judge pro tem (one of the commissioners) sign the order?

I'm not certain of the answer either, but would strongly suggest that anything you do with regard to a pro tem be documented and filed. Creating a solution that becomes a local practice in your community will not save you if it is later challenged - and may throw all actions into question.

Lisa L. Peterson
Nolan County Attorney

Brooks Texas Practice, Section 5.4: "There is no provision for the designation of a temporary county judge or commissioner during periods where such officials may be incapacitated."

Then why do commissioners courts designate a pro tem at the beginning of each calendar year? Is it just to preside over meetings when the Judge is absent?