L. R. Harris Cnty. Crim. Ct. 2

As amended through August 27, 2024

Rule 2 - PROCEDURE FOR THE FILING OF CASES

2.1. Numerical Sequence

2.1.1. Each criminal and civil case filed and docketed into the county criminal courts at law shall be assigned a sequential number based on the following case number structure.

2.1.2. Beginning January 1, 2000, case numbers shall consist of seven numerical digits, the first case number filed on January 1, 2000, shall be "0978400." Case numbers shall continue sequentially thereafter, which scheme shall allow cases to be numbered through 9,999,999.

2.2. Random Filing

2.2.1. All misdemeanor proceedings filed with the district clerk shall be randomly assigned by the district clerk to the various county criminal courts at law. This shall be accomplished by means of a blind filing process that provides for the equal distribution of new cases in such a manner that it cannot be determined to which court a case will be assigned until after the assignment occurs.

2.2.1.1. Exception for presiding judge: The presiding judge of the Harris County Criminal Courts at Law may, at their discretion, receive 20% fewer new case filings while acting in that capacity. To accomplish this, the district clerk shall assign 4 cases to the County Criminal Court at Law to which the presiding judge is elected for every 5 cases assigned to each other County Criminal Court at Law.

2.2.2. The primary means of assignment of cases shall be through the use of a computer program that provides for the random assignment and equal distribution of cases. The computer program shall be capable of maintaining a journal of filings and distribution of cases that will permit periodic or random audit to determine whether the program is assigning cases as intended.

2.2.3. If the primary means of assignment, the computer program, is not available, the district clerk's office shall use the manual random selection device for the filing of cases into the county criminal courts at law. Prior to each case assignment, the random selection device shall be rotated on its axis, and one ball therein shall be withdrawn. The court number indicated on the ball randomly chosen shall become the assigned court for the case. The district clerk shall add the ball back into the random selection device immediately, so as to not disturb the random filing and docketing of all other cases into the county criminal courts at law.

2.2.4. The clerk shall receive, assign and account for all cases in ascending numerical sequence.

2.2.5. How Criminal Cases Are Attracted To Courts

2.2.5.1. Before using the computer program or the manual random selection device to determine court assignment for a given case, the district clerk shall determine by research whether the defendant named in the misdemeanor information has a prior connection to an existing case in any of the county criminal courts at law. A prior connection is established when:

2.2.5.1.1. a defendant is presently on community supervision in one of the county criminal courts at law;

2.2.5.1.2. a defendant is charged with driving while intoxicated, committed within five years of the date on which the most recent DWI offense was committed;

2.2.5.1.3. a defendant using a valid occupational driver's license granted by the judge of a county criminal court at law is charged with another DWI (Driving While Intoxicated) or DWLI (Driving While License Invalid);

2.2.5.1.4. a lower numbered cause, including a pending appeal of a class C offense from a justice or non-record municipal court, is pending against the defendant/codefendant in a county criminal court at law;

2.2.5.1.5. a defendant is charged and the charge arose from the same criminal transaction that was the basis of a misdemeanor information previously filed on a co-defendant;

2.2.5.1.6. a defendant has not discharged a prior sentence of confinement; or

2.2.5.1.7. a defendant appealed a final judgment, order granting community supervision, or denial of relief in a post-conviction habeas corpus proceeding that is still pending before a court of criminal appeals.

2.2.5.1.8. a defendant has a Harris County misdemeanor case that was disposed within 2 years of filing of the new charge.

2.2.5.2. If one of the above prior connections exists, the new misdemeanor case shall be attracted to the court in which the defendant has the prior connection. If more than one prior connection exists, the new misdemeanor case shall be attracted to the court involved in the prior connection appearing first as listed above.

2.2.5.3. If a defendant has a pending case and is charged with a new case that would attract to a different court under these rules, all pending cases shall transfer to the different court (see Rule 3).

2.2.5.4. In the event that a case is attracted to a court in error, then the coordinator of the court receiving the case in error shall complete a transfer order to be signed by the presiding or co-presiding judge that orders the case back into rotation. The order is then returned to the district clerk for compliance therewith.

2.2.6.Filing of Cases Charging Public Lewdness, Gambling Offenses, Prostitution, Violations of the Alcoholic Beverage Code, or County or Municipal Ordinances Relating to Sexually Oriented Businesses

2.2.6.1. There is no attraction by either codefendant or transaction in cases charging public lewdness, prostitution, violations of the Alcoholic Beverage Code, gambling offenses, or county or municipal ordinances relating to sexually oriented businesses. The clerk shall apply all other rules of attraction.

2.2.7. Appeals From Justice of the Peace Court, and Non-Record Municipal Courts

2.2.7.1. The rules of attraction shall apply to an appeal from a judgment in a criminal case from a justice of the peace court, or non-record municipal court in the same manner as an original criminal case.

2.2.8. Re-files, Writs of Habeas Corpus, Mandamus, Prohibition, Restricted Driver Licenses, Fugitives

2.2.8.1. If a case is re-filed, it shall be assigned to the same court as the case it supersedes. The district clerk is then authorized to attract and set the re-filed case in the court where the initial misdemeanor information is or was pending. The setting date assigned to the re-filed case will be the same date as that of the initial pending case. If the initial case is no longer pending, the re-filed case shall be set in accordance with the rules governing the filing of new cases.

2.2.8.2. Motions for leave to apply for a writ of habeas corpus, mandamus, or prohibition shall be filed pursuant to an order by the court agreeing to hear those matters. Petitions for restricted driver licenses shall be filed in the court in which the conviction was entered and the driver license suspended. Petitions for restricted driver licenses filed by a Harris County resident that result from a suspension for an offense committed in another county (other than for driving while intoxicated or an offense or administrative violation that results in a suspension) shall be filed in any court agreeing to hear the matter, or as provided for in subsection B of Rule 2. Fugitive cases shall be filed in County Criminal Court at Law No. 10.

2.2.8.3. Unless the above categories of cases are later transferred by agreement of the judges or are transferred by authority of a separate order, all such assigned cases shall remain on the docket of the court of assignment until final disposition.

2.2.9. Appeals From The Administrative Suspension of a Person's Driver's License as Provided by Texas Transportation Code Chapters 524 and 724

2.2.9.1. See Rule 7.

2.2.10. Petitions for Occupational Driver's License

2.2.10.1. See Rule 15.

2.3. Application of Bail Schedule; Request for Departure

2.3.1. In all cases, Pretrial Services shall follow the bail reflected in Rule 9. Pretrial Services shall immediately convey this bail amount to the district clerk. If the filed case requires an individualized hearing under Rule 9.4, and no initial bail amount is recorded, Pretrial Services shall convey that fact to the district clerk.

2.4. Designation of Initial Bail by District Clerk Upon Case Filing

2.4.1. Upon receiving a new complaint, the district clerk shall enter the bail set by a judicial officer. If no judicial officer has set bail, the district clerk shall approach a judicial officer so one can be set in accordance with Local Rule 9.

L. R. Harris Cnty. Crim. Ct. 2

As amended through 10/22/2021; as amended through 12/9/2022.