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Can someone clarify Fam. Code 51.04(d) regarding jurisdiction where the judge of a designated court is not a licensed attorney?

One source states that "the alternate court will rule on motions and hold hearings" [ Confused meaning that a county judge who is not an attorney cannot preside over any juvenile hearings?? ]

Another source indicated that the requirement that an alternate court be designated is in addition to the county court's juvenile jurisdiction and is used only to hear appeals of a non-lawyer county judge's orders.
 
Posts: 79 | Location: Texas | Registered: October 09, 2003Reply With QuoteReport This Post
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If you can, get Dawson's book - Texas Juvenile Law, 6th. Ed. - and look at the discussion on page 14, he goes through all the possibilities in this type of situation.

My understanding is that county judges who preside over the designated juvenile court, whether lawyer or not, can hear all juvenile cases EXCEPT those cases submitted as determinate sentence cases.

Also, since the juvenile board is required to designate an alternate court where is judge IS an attorney (see 51.04(d)) the juvenile who objects to having his case heard by the non-lawyer county judge must elect to be tried in the alternate juvenile court by written motion before 10 days in advance of trial. Otherwise the designated juvenile court with the non-lawyer judge hears the case.
 
Posts: 113 | Location: Houston, Texas,USA | Registered: October 30, 2001Reply With QuoteReport This Post
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