Untitled Texas Attorney General Opinion
Court: Court of Appeals for the Third Circuit
Date filed: 1994-03-11
Citations: 13 F.3d 711
Mr. Franklin L. Smith Opinion No. M- 967
County Attorney
Nueces County Courthouse Re: Jurisdiction of Nueces
Corpus Christi, Texas 78401 County Court of Domestic
Relations under Article
Dear Sir: 602, Penal Code
You have posed the following question to this office:
"Does Article 2338-10, Sec. 3, [Vernon's Civil
Statutes] vest jurisdiction of wife and child
desertion cases under Article 602, Penal Code, in
the Domestic Relations Court of Nueces County either
(1) exclusively, or (2) concurrently with the County
Court of Nueces County?"
Article 2338-10, Section 3, Vernon's Civil Statutes,
states in pertinent part:
"Sec. 3. The Court of Domestic Relations for
Nueces County shall have the jurisdiction concurrent
with the District Courts in Nueces County of all
cases involving adoptions, removal of disability of
minority and coverture, wife and child desertion,
delinquent, neglected or dependent child proceedings,
Reciprocal Support Act and all jurisdiction, powers
and authority now or hereafter placed in the District
or County Courts under the juvenile and child welfare
laws of this State; . . ."
Article 199-117, Section 2, Vernon's Civil Statutes,
reads as follows:
"Sec. 2. The District Court for the 117th
Judicial District shall have and exercise the juris-
diction prescribed by the Constitution and the laws
of this State of District Courts in general, and the
Judge thereof shall have and exercise the powers
conferred by the Constitution and Laws of this
State on the Judges of District Courts. Its juris-
diction shall be concurrent with that of the District
Court of Nueces County for the 28th Judicial District."
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Mr. Franklin L. Smith, page 2 (M-967)
The statutes establishing the 94th and 28th judicial district
courts of Nueces County contain similar jurisdictional grants.
Our opinion is that the Domestic Relations Court for
Nueces County has concurrent jurisdiction with the several
District Courts of Nueces County over offenses arising under
Article 602A, Vernon's Penal Code (felony wife and child
desertion cases).
Article 1970-339, Section 4, Vernon's Civil Statutes (as
well as Article 1970-339A) provides in pertinent part:
"The County Court of Nueces County . . . shall
have no other jurisdiction, civil or criminal, original
or appellate."
These same two articles give the two County Courts at Law of
Nueces County
,I
. * 0 jurisdiction in the matters and causes,
civil and criminal, original and appellate, over
which by the general laws of the state the County
Court of said county would have jurisdiction . . ."
It is therefore the opinion of this office that the Domestic
Relations Court of Nueces County has concurrent jurisdiction
with the County Courts at Law of Nueces County of matters aris-
ing under Article 602, Vernon's Penal Code (misdemeanor wife and
child desertion cases), but that the County Court of Nueces
County has no jurisdiction over such matters.
SUMMARY
-------
The Domestic Relations Court of Nueces County
has criminal jurisdiction over offenses under Articles
602 and 602A, Vernon's Penal Code.
The District Courts of Nueces County have con-
current jurisdiction with the Domestic Relations
Court of Nueces County of offenses under Article
602~, Vernon's Penal Code.
The County Courts at Law of Nueces County have
concurrent jurisdiction with the Domestic Relations
Court of Nueces County over offenses under Article
602, Vernon's Penal Code.
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Mr. Franklin L. Smith, page 3 (M-967)
The County Court of Nueces County has no
jurisdiction over any criminal cases.
s very truly,
/
&2? difzzih
C. MARTIN
General of Texas
Prepared by Howard M. Fender
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Ben Harrison
John Reeves
John Banks
Sig Aronson
SAM MCDANIEL
Acting Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
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