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Friday 8am – 5pm
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The Role of a Justice of the Peace
Justices of the Peace serve both as Judges and Magistrates. As Judges, they preside over justice criminal court, justice civil court, and small claims court. Criminal cases include but are not limited to traffic cases, school attendance cases, minor alcohol violation cases, and minor tobacco violation cases. Law enforcement agencies, including but not limited to the Polk County Sheriff’s Department. Department of Public Safety, Parks & Wildlife, Health Department, and Alcohol & Beverage Commission, file complaints in justice criminal court. Civil cases include but are not limited to evictions and other suits with amount in controversy up to $20000. Every party to a civil suit has the right to request a jury proceeding.
As magistrates, Justices of the Peace issue warrants, conduct criminal examining trials, admonish prisoners, and set bonds. They also conduct juvenile detention hearings and admonish juveniles for statements. Additionally, Justices of the Peace perform marriage ceremonies and perform coroner duties on deaths that occur when not attended by a physician.
While defendants may represent themselves in a case before the justice court, defendants should consider seeking legal counsel before filing a plea. It is the duty of this office to help you in any way possible, but the Rules of Judicial Ethics prohibit this office:
From giving legal advice
Telling either party how to present their case
Expressing opinions of law.
The Judge and Court Clerks can answer questions:
Only of a general nature
About procedures of the Court
Concerning Court costs
The Judge and Clerks must remain impartial, and cannot hear any part of a case, or discuss the merits of any case, unless all parties are present.
All pleas in criminal matters must be in writing either filed in person at the JP office or sent by regular first class mail on or before the appearance date shown on the ticket or citation. These include traffic tickets, citations for alcohol violations, disorderly conduct and parks and wildlife violations. The clerks cannot take a plea by phone. The Judge cannot discuss the case with you unless you have entered a written plea of guilty or no contest and waived your right to hire a lawyer and waived your right to have a jury trial.
Jury Duty Information
Welcome to jury duty for the Justice Court, Precinct One, of Polk County, Texas. When you report for jury duty you will receive additional information explaining your duties and obligations as a prospective juror.
Jurors in Polk county are randomly selected by the county computer system from a source which combines current voter registration list and residents of the county that hold either a valid Texas driver’s license, a valid personal identification card, or certificate issued by the Department of Public Safety. Bobbye Richards, District Clerk, serves as the Jury Manager for Polk County.
We hope you will find your term of jury services an interesting and satisfying experience. When you report for jury duty, you will receive instructions that explain your duties and obligations.
Jury Court Contacts:
District Clerk: Bobbye Richards (936) 327-6814
Jury Hotline (936) 327-6814
The hotline gives updates on jury selection, prospective jurors are asked to call 24 hours before their appearance date for the latest jury news.
Marriage License Information
If a couple is applying for a marriage license in Polk County, both applicants should come to the courthouse located at 101 W. Mill Street in Livingston. The County Clerk’s Office is located on the second floor and the hours of operation are Monday through Friday from 8 am to 5 pm.
The requirements are:
Both parties must be present;
Both parties must have a valid state-issued picture I.D. or a certified copy of their birth certificate;
Both parties must be aged 18 or over, or have a parent or guardian present to sign consent;
License is not valid for 72 hours after issuance and expires 90 days from date of issuance; and,;
Cost of license is $82.00 or, $22.00 with a Completion Certificate from the Together in Texas Program online course.
In the State of Texas, there is a 30-day waiting after a divorce is final. We can issue the license on the 31st day from the final date. If the applicants are remarrying each other, then it does not apply.
A marriage license may be purchased in any county in Texas and the couple can get married in any county in Texas.
If you have an questions concerning the marriage license requirements, please contact the County Clerk’s office at: 936-327-6805.
Judge Mayer will perform weddings at the Polk County Courthouse or any facility in and outside the county.
Weddings are arranged by appointment only by calling 936-327-6841.