The principal functions of a commissioners' or quorum Court are legislative. Although referred to as courts, they generally exercise only limited judicial powers in Texas and Missouri and none in Arkansas. Those judicial powers in Texas and Missouri include the ability to compel testimony under oath, the ability to issue citations for contempt, and the ability to make findings of fact.
In Arkansas
In Arkansas the quorum court of a county is the legislative body of that county.[1] The chief executive officer of each county is the county judge, who sits on the quorum court primarily as a moderator but enjoys the power of veto. The county judge is in charge of the county road system, and can fill in for circuit court judges in their absence.[2] Each quorum court is elected from single-member districts, with the number of commissioners (called justices of the peace[1]) depending on the population of the county.[2]
The governing body of each of Texas 254 counties is the commissioners court. In Texas, the court has five members: the county judge and four commissioners. A sixth official, the county clerk, is an ex officio member of the court.
In most instances, a simple majority of court members is sufficient to take action. Three voting members of the court constitute a quorum. The commissioners court operates similar to the "weak" mayor-council system; the county judge has no veto power over the court and votes along with the other commissioners.
Counties are constitutional subdivisions of the state. As a principal institution of county government, the court's role combines elements of judicial, legislative, and executive functions. Other institutions of county government include independent elected and appointed officials, such as the sheriff, and independent boards, such as the board of judges. The Commissioners Courts in Texas are served and provided continued education by the County Judges and Commissioners Association[3] events and the official association publication County Progress.[4]
In Texas, the relationship between institutions of county government is designed to be independent and adversarial. In this framework, the principal power of the court is the power of the purse. Each year, the court adopts the county tax rate and the county budget, setting the salary and budget for independent elected officials, as well as outlining expenditures for departments under the direct control of the court. As the administrative head of county government, the court has the authority to enact county-wide policies, and to the extent provided by law, to enact legislation in the form of court orders. The court also exercises varying degrees of oversight over subsidiary county boards and commissioners, which may differ from county to county, but which commonly include drainage districts, irrigation districts, housing authorities and the like. In some instances, the court may also serve as the board of directors for these special districts or authorities, as well as fulfill the role of county school board.
Each voting member of the court has one vote. The county judge serves as the presiding officer of the commissioners court, while the county clerk is charged with keeping the minutes of the court, and attesting any actions it make take. State law requires, except in cases of emergency, that an agenda of the items to be considered by the court be posted at least 72 hours prior to its meeting. Among counties, the process for placing items on the agenda, and posting it, varies widely, with the task most often falling to the county judge, the county clerk, or a specially appointed court clerk.
Additionally, state law provides that the court must designate its term, or the time, place, and interval at which it will sit, at the beginning of each fiscal year. Any meeting not held according to the term is considered a special meeting. Legal precedent also provides that no action taken by the court may bind the county beyond the term of the court.
In addition to their roles on the court, the county judge, county commissioners and county clerk each have independent roles to play within county government.
The county judge serves as the chief administrator of the county, and as the presiding judge for justice and county courts. In some counties, the county judge exercises judicial functions as a probate and/or county court judge. Even in cases where county judges do not conduct judicial functions, they retain the power to conduct marriages and may also be called upon to conduct administrative hearings, such as those pertaining to liquor license applications.
Additionally, the county judge is a statutory member of several important boards, including the juvenile board and the county election commission. Finally, the judge is designated by a long-standing executive order of the governor, pursuant to the Texas Disaster Act of 1974, as the executive officer for civil defense within the county. The county judge is elected county wide to a four-year term coinciding with the term of the governor.
Each of the four county commissioners represents an area of the county, or precinct, that is designed to be roughly equal in population to each of the other such areas. In addition to serving as voting members of the court, county commissioners are often charged with overseeing county roads and bridges within their precinct, and are sometimes also responsible for solid waste collection, parks and other services within the precinct. In rural counties, the role of the county commissioner outside of the commissioners court tends to be quite substantial, while in urban counties, the delivery of county services is frequently consolidated in county-wide departments, with the bulk of a commissioner's time being devoted to the commissioners court. The commissioners are elected to staggered, four-year terms, with two taking office every other year, and are elected by the votes of the precinct represented.
The county clerk is responsible for recording legal instruments, including birth certificates, marriage licenses, deeds and titles, and for keeping the records of county and justice courts. The county clerk is also a statutory member of certain boards and commissions, such as the elections commission, and may also serve in other capacities as provided by law or local practice. They are elected county-wide to a four-year term.
In Missouri
In 1939, Missouri enacted legislation changing from a county court system to a "county commission" in which the county commission is composed of three elected commissioners.
A justice of the peace (JP) is a judicial officer of a lower or puisne court, elected or appointed by means of a commission to keep the peace. In past centuries the term commissioner of the peace was often used with the same meaning. Depending on the jurisdiction, such justices dispense summary justice or merely deal with local administrative applications in common law jurisdictions. Justices of the peace are appointed or elected from the citizens of the jurisdiction in which they serve, and are usually not required to have any formal legal education in order to qualify for the office. Some jurisdictions have varying forms of training for JPs.
The government of Maryland is conducted according to the Maryland Constitution. The United States is a federation; consequently, the government of Maryland, like the other 49 state governments, has exclusive authority over matters that lie entirely within the state's borders, except as limited by the Constitution of the United States.
The government of Alabama is organized under the provisions of the 2022 Constitution of Alabama. Like other states within the United States, Alabama's government is divided into executive, judicial, and legislative branches. Also like any other state, these three branches serve a specific purpose in terms of power.
In New Jersey, a Board of County Commissioners is the elected county-wide government board in each of the state's 21 counties. In the five counties that have an elected county executive, the board of county commissioners serves as the county legislature. In the remaining counties, the board of county commissioners exercises both executive and legislative functions, often with an appointed county administrator or manager overseeing the day-to-day operations of county government.
A board of supervisors is a governmental body that oversees the operation of county government in the U.S. states of Arizona, California, Iowa, Mississippi, Virginia, and Wisconsin, as well as 16 counties in New York. There are equivalent agencies in other states.
The government of Texas operates under the Constitution of Texas and consists of a unitary democratic state government operating under a presidential system that uses the Dillon Rule, as well as governments at the county and municipal levels.
The government of the U.S. State of Oklahoma, established by the Oklahoma Constitution, is a republican democracy modeled after the federal government of the United States. The state government has three branches: the executive, legislative, and judicial. Through a system of separation of powers or "checks and balances," each of these branches has some authority to act on its own, some authority to regulate the other two branches, and has some of its own authority, in turn, regulated by the other branches.
The government of the State of New Jersey is separated into three distinct branches: legislative, executive, and judicial. The powers of the State of New Jersey are vested by the Constitution of New Jersey, enacted in 1947, in a bicameral state legislature, the Governor, and the state courts, headed the New Jersey Supreme Court. The powers and duties of these branches are further defined by acts of the state legislature, including the creation of executive departments and courts inferior to the Supreme Court.
The state government of Georgia is the U.S. state governmental body established by the Georgia State Constitution. It is a republican form of government with three branches: the legislature, executive, and judiciary. Through a system of separation of powers or "checks and balances", each of these branches has some authority to act on its own, some authority to regulate the other two branches, and has some of its own authority, in turn, regulated by the other branches. The seat of government for Georgia is located in Atlanta.
The government of Virginia combines the executive, legislative and judicial branches of authority in the Commonwealth of Virginia. The current governor of Virginia is Glenn Youngkin. The State Capitol building in Richmond was designed by Thomas Jefferson, and the cornerstone was laid by Governor Patrick Henry in 1785. Virginia currently functions under the 1971 Constitution of Virginia. It is Virginia's seventh constitution. Under the Constitution, the government is composed of three branches: the legislative, the executive and the judicial.
The term county judge is applied as a descriptor, sometimes as a title, for a person who presides over a county court. In most cases, such as in Northern Ireland and the Victorian County Courts, a county judge is a judicial officer with civil or criminal jurisdiction. In the United States, however, there are some "County Courts" which exercise primarily administrative functions, in which case the County Judge may exercise largely or solely executive authority and be equivalent to the county executive in other local government areas.
The government of Arizona is the governmental structure of the state of Arizona as established by the Arizona Constitution. The executive is composed of the Governor, several other statewide elected officials, and the Governor's cabinet. The Arizona Legislature consists of the House of Representatives and Senate. The judiciary is composed of the Arizona Supreme Court and lower courts. There is also local government, consisting of counties, municipalities and special districts.
The government of Indiana is established and regulated by the Constitution of Indiana. The state-level government consists of three branches: the judicial branch, the legislative branch, and the executive branch. The three branches share power and jointly govern the state of Indiana. County and local governments are also constitutional bodies with limited authority to levy taxes, pass legislation, and create and maintain local public infrastructure.
The government of the U.S. state of Kansas, established by the Kansas Constitution, is a republican democracy modeled after the Federal Government of the United States. The state government has three branches: the executive, the legislative, and the judicial. Through a system of separation of powers, or "checks and balances," each of these branches has some authority to act on its own, and also some authority to regulate the other two branches, so that all three branches can limit and balance the others' authority.
The government of Nevada comprises three branches of government: the executive branch consisting of the governor of Nevada and the governor's cabinet along with the other elected constitutional officers; the legislative branch consisting of the Nevada Legislature which includes the Assembly and the Senate; and the judicial branch consisting of the Supreme Court of Nevada and lower courts.
The Government of West Virginia is modeled after the Government of the United States, with three branches: the executive, consisting of the Governor of West Virginia and the other elected constitutional officers; the legislative, consisting of the West Virginia Legislature which includes the Senate and the House of Delegates; and the judicial, consisting of the West Virginia Supreme Court of Appeals and lower courts.
The Judiciary of California or the Judicial Branch of California is defined under the California Constitution as holding the judicial power of the state of California which is vested in the Supreme Court, the Courts of Appeal and the Superior Courts. The judiciary has a hierarchical structure with the California Supreme Court at the top, California Courts of Appeal as the primary appellate courts, and the California Superior Courts as the primary trial courts.
James Oakley is the elected County Judge for Burnet County, Texas, making him the "chief legislator and executive" for the County and the chair of the Commissioners' Court. He began his four-year term at the start of 2015. He previously served eight years in local government as a County Commissioner for precinct 4 (1999–2006). He is a board member of the Pedernales Electric Cooperative and the Capital Area Metropolitan Planning Organization. Former Governor George W. Bush appointed Oakley to the regional review committee for Community Development Block Grants, and he was appointed to the Texas Commission on Law Enforcement by former Governor Rick Perry.
County government in Arkansas is a political subdivision of the state established for a more convenient administration of justice and for purposes of providing services for the state by the Constitution of Arkansas and the Arkansas General Assembly through the Arkansas Code. In Arkansas, counties have no inherent authority, only power given to them by the state government. This means the county executive, the county judge, and legislative body, the quorum court, have limited power compared to other states.
In the United States, there is no consistent use of the office of constable throughout the states; use may vary within a state. A constable may be an official responsible for service of process: such as summonses and subpoenas for people to appear in court in criminal and/or civil matters. They can also be fully empowered law enforcement officers. Constables may have additional specialized duties unique to the office. In some states the constable is an elected or appointed position at the state or local level of local government. Their jurisdiction can vary from statewide to county/parish and local township boundaries based on the state's laws.
References
1 2 "Archived copy"(PDF). www.arkleg.state.ar.us. Archived from the original(PDF) on 21 December 2008. Retrieved 22 May 2022.{{cite web}}: CS1 maint: archived copy as title (link)
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