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County Court in Smith County
As provided in the Texas Constitution, each of the 254 counties of the State has
a single county court presided over by a county judge. These courts have concurrent
jurisdiction with justice of the peace and district courts in civil cases in which
the amount in controversy is small. Jurisdiction is said to be concurrent when two
levels of courts have authority to try the same type of case.
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The constitutional county courts generally hear the probate cases filed in the county.
They have original jurisdiction over all Class A and Class B misdemeanor criminal
cases, which are the more serious minor offenses. These courts usually have appellate
jurisdiction in cases appealed from justice of the peace and municipal courts, except
in counties where county courts at law have been established. Unless the appeal
is one from a designated municipal court of record (trial proceedings are recorded
by a court reporter), the appeal takes the form of a trial de novo (a completely
new trial).
In addition to performing judicial functions, the county judge serves as the administrative
head of the county government. In the more populated counties, the administrative
duties occupy most of the time of the county judge, and the Legislature has created
county courts at law and statutory probate courts to relieve the county judge of
most, and in some cases all, of the judicial duties usually performed by that office.
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County Courts at Law in Smith County
Because the Texas constitution limits each county to only one county court, county
courts at law are created by statute in larger counties, primarily to aid the single
county court in its judicial functions. The legal jurisdiction of these special
county-level trial courts can vary considerably and is established by the specific
statute that created each court.
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