"Ask the Judge" column continues in La Prensa SA, 6-10

Ask the Judge: Refresher on “jurisdiction”
By Judge Steve Walker

Last year this column briefly addressed the issue of “jurisdiction.”

The term “Jurisdiction” is defined as:

1. The right, power, or authority to administer justice by hearing and determining controversies.
2. Power; authority; control: Ex: “He has jurisdiction over all the people who live in Pct. 2 in Bexar County.”
3. The extent or range of judicial, law enforcement, or other authority: Ex: “This case comes under the jurisdiction of Pct. 2”
4. The territory over which authority is exercised: “Northwest Bexar County is under the jurisdiction of Pct. 2.”

Last week in JP2 for example, an attorney argued that a Small Claims filed by a plaintiff against his client for not completing some professional work on his house did not meet the jurisdictional definition. 

The man lived in Pct. 1 where the alleged violation occurred, and the service provider’s business was also located in Pct. 1. However the plaintiff for whatever reason filled his complaint in my court.  I could not hear the case because I lacked the proper authority to do so. I am barred by law to hear a claim that transpired in another “jurisdiction,” unless both agree to sign a waiver of jurisdiction to allow me to rule on the case.  It is rare when both sides will agree to do so.

Unfortunately filing in the wrong court happens all the time in my court and others as well. Many plaintiffs inadvertently file in the wrong court because they don’t know the boundaries of each courts jurisdiction and don’t know that it makes a difference. It is an honest mistake that is rectified by either transferring the case to the proper court or is dismissed and the plaintiff is allowed to re-file in the proper venue.

Occasionally a Constable’s Deputy, A Department of Public Safety (DPS) Officer or Sheriff’s Deputy will file a traffic violation also in my court and the offense was committed on the other side of town. Since all three of those peace officers have “jurisdiction” to stop a violator anywhere in the county and issue a citation, they must actually file the citation in the appropriate Precinct where the offense occurred. It is all about location of the incident.

If they are filed in the wrong “jurisdiction” those tickets will be dismissed, although the officer can re-file in the proper venue. We don’t wave jurisdiction on traffic cases.

Lastly as always, if you are due in court, be sure to show up to court on time. It is in everyone’s best interest.

Justice of the Peace, Pct. 2 Steve Walker is a Vietnam Veteran and a former Journalist.