No Mandamus Jurisdiction over Justice of the Peace (JP Court Judge)

Attempted challenge to Harris County Justice of the Peace David Patronella's ruling on disqualification motion by petition for writ of mandamus fails as Court of Appeals finds it does not have jurisdiction to grant mandamus relief against judges of JP courts.


MEMORANDUM OPINION

By petitions for writs of mandamus, relator, Michael W. Elliott, challenges the trial court’s August 12, 2009 order denying Elliott’s motion to disqualify. The respondent is David Patronella, Justice of the Peace of Harris County.

Article V, Section 6 of the Texas Constitution specifies the appellate jurisdiction of this Court, and specifies that we “shall have such other jurisdiction, original and appellate, as may be prescribed by law.” Tex. Const. art. V, § 6. Government Code section 22.221 authorizes this Court to issue writs of mandamus (a) when necessary to enforce our jurisdiction or (b) against a judge of a district or county court within our geographical jurisdiction. Tex. Gov’t Code Ann. § 22.221 (a), (b) (Vernon 2004).

Elliott has not claimed or shown that the relief he requests is necessary to enforce our jurisdiction, and we have no independent authority to issue a writ of mandamus against a justice of the peace. E.g., Easton v. Franks, 842 S.W.2d 772, 773–74 (Tex. App.—Houston [1st Dist.] 1992, orig. proceeding).

We dismiss these original proceedings for lack of jurisdiction.

PER CURIAM

Panel consists of Justices Hanks, Higley, and Massengale.

In re Elliott (Tex.App.- Houston [1st Dist] Aug. 20, 2009)(per curiam)
(no appellate jurisdiction to issue mandamus against JP court judge)
DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam
Before Justices Hanks, Higley and Massengale
01-09-00713-CV In re Michael W. Elliott
[Docket says] Appeal from County Court [sic] of Harris County
Trial Court Judge: Hon David M. Patronella [Harris County JP Court 1-2]

In Re Elliott (Tex.App.- Houston [1st Dist.] Aug. 20, 2009)(per curiam)
(court of appeals has no authority to issue writ of mandamus against Justice of the Peace)
DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam
Before Justices Hanks, Higley and Massengale
01-09-00714-CV In re Micheal W. Elliott
Appeal from County Court [?] of Harris County
Trial court judge: David Patronella [Harris County Justice of the Peace Precinct 1, Place 2]