Lord v. Clayton, A-8709

• Decision Date: 13 December 1961
• Docket Number: No. A-8709,A-8709
• Citation: 163 Tex. 62,352 S.W.2d 718
• Parties: Owen M. LORD and C. H. Meyer, Petitioners, v. Harold R. CLAYTON et al., Respondents.
• Court: Texas Supreme Court

Page 718

352 S.W.2d 718

163 Tex. 62

Owen M. LORD and C. H. Meyer, Petitioners, v. Harold R. CLAYTON et al., Respondents.

No. A-8709.

Supreme Court of Texas.

Dec. 13, 1961.

Rehearing Denied Jan. 24, 1962.

Gilbert T. Adams, Beaumont, for relator.

Will Wilson, Atty. Gen., F. J. Maloney, Jr., and N. V. Suarez, Assts. Dist. Atty., Austin, W. G. Walley, Jr., Acting Dist. Atty., Jefferson County, Beaumont, for respondent.

CALVERT, Chief Justice.

In this direct proceeding in this Court Owen M. Lord, Judge of the Criminal District Court of Jefferson County, Texas, and C. H. Meyer, relators, seek writs of mandamus. Meyer seeks a writ directing Judge Lord to proceed to trial and hearing of his writ of habeas corpus and directing respondent, Harold R. Clayton, Judge of the District Court of the 136th Judicial District, to proceed no further with a suit to enjoin the habeas corpus hearing. Judge Lord seeks a writ directing Judge Clayton to proceed no further with the injunction suit. Other persons and public officials, unnecessary to name, are also respondents.

Normally we would not entertain mandamus proceedings to interfere with injunctive orders of a trial court. While the restraining order entered by the 136th District Court was interlocutory in nature and non-appealable, any temporary injunction entered by that court would have been reviewable by appeal. Ordinarily, the parties would have been relegated to that remedy. It appears, however, that the jurisdictional conflict between the Criminal District Court of Jefferson County and the 136th District Court, as hereafter indicated by our recitation of facts, has reached the point where the public interest and orderly administration of justice must suffer irreparably unless the conflict is relieved by this Court. Our jurisdiction to relieve it is established. Art. 1734, Vernon's Ann Tex.Civ.St.; Cleveland v. Ward, 116 Tex. 1, 285 S.W. 1063.

Prior to 1929 Jefferson County constituted two judicial districts, the 58th and the 60th, and the district courts of those districts had all jurisdiction, civil and criminal, conferred by the Constitution on district courts.

By Act of the 41st Leg., Reg.Session, 1929, Ch. 170, p. 374, an additional court for Jefferson County known as 'Criminal District Court of Jefferson County', was created. In the Act it was provided that the Criminal District Court should have and exercise 'original and exclusive jurisdiction over all criminal cases of the grade of felony in the County of Jefferson of which district courts, under the Constitution and laws of this State, have original and exclusive jurisdiction'. Section 14 of the Act reads:

'From and after the taking effect of this Act, the District Courts of Jefferson County as now constituted, shall be, and they are hereby deprived and divested of all jurisdiction in all criminal cases, and of all jurisdiction given the Criminal District Court of Jefferson County by this Act, and all criminal cases pending in said District Courts at the time of the taking effect of this Act, and all matters pertaining to criminal cases pending therein over which the Court herein created is given jurisdiction, shall be, by the Clerk of the District Courts transferred to and entered upon the docket of said Criminal District Court, and when so entered upon the docket, the judges of said Criminal District Court shall try and dispose of same in the same manner as if such cases were originally instituted therein.'

At the Second Called Session of the 41st Legislature, c. 84, Secs. 58 and 60 of Art. 199 were amended. It was provided that Jefferson County should constitute the 58th and 60th Judicial Districts and that the district courts of those districts should 'have and exercise concurrent jurisdiction coextensive within the limits of Jefferson County in all civil cases, proceedings and matters of which district courts are given jurisdiction by the Constitution and laws of this State'. It was further specifically provided: 'Neither of said two district courts shall have or exercise any criminal jurisdiction in Jefferson County, such criminal jurisdiction having been by law vested exclusively in a criminal district court'.

In 1955 the Legislature created the District Court of the 136th Judicial District composed of Jefferson County. Acts 54th Leg., Ch. 216, p. 634. Sec. 2 of the Act provides: 'The District Court of the 136th Judicial District shall have and exercise concurrent jurisdiction with the 58th and 60th District Courts within the limits of Jefferson County in all civil cases or proceedings and matters over which District Courts are given jurisdiction by the Constitution and laws of this State'.

Until recently the Criminal District Court of Jefferson County has exercised exclusive jurisdiction over all criminal matters in Jefferson County normally exercised by district courts. Until recently the 136th District Court has not exercised, or attempted to exercise, jurisdiction over any such matters.

On September 19, 1961, Judge Clayton appointed Grand Jury Commissioners to select a grand jury for the July term of the 136th District Court. That duty performed, the court empanelled a grand jury on September 29, 1961. Thereafter, on November 1, the said grand jury returned a true bill of indictment against C. H. Meyer into the 136th District Court and delivered it to Judge Clayton who, in turn, delivered it to the District Clerk of Jefferson County. The Clerk entered the case on a docket sheet in the 'Docket-Criminal District Court' after striking out the word 'Criminal' from the heading on the docket sheet and writing '136th' in lieu thereof. A capias, issued by the Clerk and directed to any Constable of Jefferson County, commanded the arrest of Meyer and that he be brought before the 136th District Court. Meyer was arrested on November 3 and on the same day applied to Judge Lord for a writ of habeas corpus. The writ was duly issued on the 3rd directing the Constable to produce Meyer before Judge Lord in the courtroom of the Criminal District Court on November 9, then and there to show why Meyer was held in custody and restrained of his liberty. Judge Lord ordered Meyer released on bail pending the habeas corpus hearing. The record before us reflects that on November 3 the District Clerk transferred the case against Meyer to the docket of the Criminal District Court, if, indeed, it had ever been on the docket of any other court.

On November 8 the habeas corpus hearing before Judge Lord was postponed until November 17th. On November 9 the State of Texas filed a motion in the Criminal District Court seeking to have that court correct the writ of habeas corpus granted by it so as to make the same returnable to the 136th District Court. That motion was denied by Judge Lord by order entered on November 10th.

Before the habeas corpus hearing set for the 17th could be held, the State, acting by and through the acting Criminal District Attorney of Jefferson County and the Attorney General of Texas, filed suit in the 136th District Court against Judge Lord, the District Clerk, Meyer and Meyer's counsel. A restraining order was sought and was granted by Judge Clayton restraining each of the defendants

'From proceeding with or taking any further action, orders or judgment in a certain habeas corpus proceeding on behalf of Charles H. Meyer, Sheriff of Jefferson County, Texas, presently pending before the Criminal District Court of Jefferson County numbered Cause No. 858 on the docket of said Court, except an order or judgment dismissing the Petition for habeas corpus; or an order or judgment transferring said habeas corpus proceeding to the 136th Judicial District Court; or an order making said writ of habeas corpus returnable to the 136th Judicial District Court; * * *'.

Hearing on the prayer for a temporary injunction was set for November 27.

On November 22 we granted leave to file relator's petition for writ of mandamus and stayed all proceedings in the habeas corpus hearing set for the 27th in the Criminal District Court and in the injunction suit set for the 29th in the 136th District Court.

The principal basis of relators' claim to relief is that under the legislative acts creating the two courts only the Criminal District Court of Jefferson County has jurisdiction Of the matters in controversy and that all orders made with reference thereto by the 136th District Court are absolutely void. The say this is so not only because the act creating the Criminal District Court expressly conferred on it exclusive jurisdiction over such matters but also because the act creating the 136th District Court expressly limited its jurisdiction to 'civil cases or proceedings'.

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