Can you mandamus the JP?

September 24, 2019

Like its counterpart in Greek mythology, the hydra of mandamus jurisdiction is a many-headed beast – but it only reaches the work of a Justice of the Peace under very limited circumstances: “This Court does not have writ jurisdiction over a justice of the peace unless the justice is interfering with our appellate jurisdiction. See Tex. Gov’t Code Ann. § 22.221(a), (b).” In re Gardner, No. 05-19-01087-CV (Sept. 20, 2019) (mem. op.). The referenced Government Code provisions provide:

Sec. 22.221. WRIT POWER. (a) Each court of appeals or a justice of a court of appeals may issue a writ of mandamus and all other writs necessary to enforce the jurisdiction of the court.

(b) Each court of appeals for a court of appeals district may issue all writs of mandamus, agreeable to the principles of law regulating those writs, against:

(1) a judge of a district, statutory county, statutory probate county, or county court in the court of appeals district;

(2) a judge of a district court who is acting as a magistrate at a court of inquiry under Chapter 52, Code of Criminal Procedure, in the court of appeals district; or

(3) an associate judge of a district or county court appointed by a judge under Chapter 201, Family Code, in the court of appeals district for the judge who appointed the associate judge.