TEXAS ANIMAL CRUELTY LAW and THE JUSTICE OF THE PEACE JURISDICTION
TEXAS ANIMAL CRUELTY LAW and THE JUSTICE OF THE PEACE JURISDICTION
According to black letter law found in the TEXAS CONSTITUTION, ARTICLE 5,SECTION 19 and TEXAS GOVERNMENT CODE SECTION 277.03, a layman, non lawyer Justice of the Peace is legally bound to act within the very limited confines of their position.
A Justice of The Peace has NO legal authority to preside over ANY criminal matters above a “Class C” misdemeanor. The penalty or punishment for a “Class C” misdemeanor found in TEXAS PENAL CODE TITLE 3 PUNISHMENTS SEC 12.23 is ONLY a fine not to exceed $500. Punishment for a “Class C” misdemeanor does NOT include any “jail time” and does NOT interfere with a citizen’s constitutionally protected rights of Life, Liberty, or Property.
Jurisdiction of Justice of the Peace Courts, Generally:
According to the TEXAS CONSTITUTION, ARTICLE 5, SECTION 19: “Justice of the peace courts shall have original jurisdiction in criminal matters of misdemeanor cases punishable by fine only, exclusive jurisdiction in civil matters where the amount in controversy is two hundred dollars or less, and such other jurisdiction as may be provided by law. Justices of the peace shall be ex officio notaries public.”
Since the Texas Constitution overrides any Texas State Statutes, Codes, or Rules, a Justice of the Peace must follow Article 5, Section 19, before and above “…such other jurisdiction as may be provided by law.”
Thus, a Justice of the Peace is limited to preside over “Class C” misdemeanor’s ONLY, and can NOT preside over matters of Class A (animal cruelty) or Class B Misdemeanors or Felony allegations.
TEXAS PENAL CODE, TITLE 3, PUNISHMENTS: SEC. 12.03. CLASSIFICATION OF MISDEMEANORS, defines a “Class C” misdemeanor as: (3)(b) An offense designated a misdemeanor in this code without specification as to punishment or category is a Class C misdemeanor. (c) Conviction of a Class C misdemeanor does not impose any legal disability or disadvantage. [does not interfere with Life, Liberty, or Property rights.]
TEXAS PENAL CODE, TITLE 3, PUNISHMENTS, SEC. 12.23. CLASS C MISDEMEANOR, defines the penalty for a “Class C” misdemeanor: A. An individual adjudged guilty of a Class C misdemeanor shall be punished by a fine not to exceed $500. B. According to TEXAS GOVERNMENT CODE SECTION 27.031. JURISDICTION.
(a) In addition to the jurisdiction and powers provided by the constitution and other law,the justice court has original jurisdiction of:
1. civil matters in which exclusive jurisdiction is not in the district or county court and in which the amount in controversy is not more than $10,000. exclusive of interest;
2. cases of forcible entry and detainer; and 3. foreclosure of mortgages and enforcement of liens on personal property in cases in which the amount in controversy is otherwise within the justice court’s jurisdiction.
(b) A justice court DOES NOT have jurisdiction of a suit in behalf of the state to recover a penalty, forfeiture, or escheat;
Thus, according to black letter law, a Justice of the Peace has very limited authority; has no legal authority or subject matter jurisdiction to preside over any criminal matter above a “Class C” misdemeanor; has no legal authority to sign and issue any final judgment or any final “Order” in any criminal matter beyond a “Class C” misdemeanor; has no legal authority to interfere with in a citizen’s constitutionally protected rights to life, liberty, property; and has no legal authority in behalf of the State of Texas in a forfeiture proceeding, therefore has NO legal authority to issue and sign ANY “Order” styled:
STATE OF TEXAS v. (Name of Defendant)
In matters alleging Animal Cruelty, any Order so styled, awarding or giving possession of an animal or entire group of animals to an animal rescue organization, and signed by a Justice of The Peace, is in complete violation of the foundational legal limitations of the position of Justice of The Peace. Such an “Order” is a “Void” Order, and by law is NOT valid.
Texas Animal Cruelty Statutes and Jurisdiction of The Justice of The Peace: Texas Animal Cruelty Law is codified in TEXAS HEALTH & SAFETY CODE SECTION 821.021 et. seq. and the penalty for Animal Cruelty is found in TEXAS PENAL CODE SECTION 42.09. The language of both of these Code sections is very specific in relation to “an” animal [singular] or “the” animal [singular].
Nowhere in either of these Code sections is there ANY provision made for an entire group of animals [plural] to be considered en masse.
These Code sections are very specific to “an” animal [singular] and “the” animal [singular] making it quite obvious that the legislature had no intention of “taking” entire collections of animals from their long standing owners, in “open” sweeping Orders, or impounding entire collections of animals using an “open” Warrant with NO “particular individual animal defined “as near as may be”. In limiting the language of both 821.021 et. seq., and 42.09 to “an” animal [singular] and “the” animal [singular], it is very clear that the legislature was clearly being very careful to assure that a citizen’s rights would not be violated by careless construction of any Warrant to seize “an animal”.
The 4TH AMENDMENT OF THE UNITED STATES CONSTITUTION declares that all Warrants will “particularly” describe the item to be seized, and ARTICLE 1, SECTION 9 OF THE TEXAS CONSTITUTION declares that all Warrants will describe the item to be seized “as near as may be.”
This purposely excludes the “taking ” of animals with “open” Warrants which generically describe groups of animals to be taken as: “all animals alive, dead, and unborn”, or even descriptions such as animal “age unknown”. None of these descriptions particularly describe “an” animal “as near as may be”, giving an accurate description of the color of the animal, the approximate age of the animal, the sex of the animal, any markings, scars, brands, or any other specific description which adequately describes “a particular animal, as near as may be” which a law enforcement officer “believes to be cruelly treated”, in compliance with the directive legislatively defined in 821.022(a)(b)(c).
Thus, “open”, generically defined Warrants issued by a Justice of The Peace, are in violation of the 4TH AMENDMENT OF THE UNITED STATES CONSTITUTION, ARTICLE 1, SECTION 9 OF THE TEXAS CONSTITUTION, and TEXAS HEALTH & SAFETY CODE 821.022.
The TEXAS PENAL CODE 42.09 –ANIMAL CRUELTY defines the criminal penalties for offenses involving animal cruelty as: (d) An offense under Subsection (a)(2), (3), (4), (9), or (10) is a Class A misdemeanor, except that the offense is a state jail felony if the person has previously been convicted two times under this section. (i) An offense under Subsection (a)(1), (5), (6), (7), or (8) is a State Jail Felony , except that the offense is a felony of the third degree if the person has previously been convicted two times under this section. Clearly, according to these definitions of the penalties for offenses involving Texas Animal Cruelty Law, the Justice of The Peace has absolutely NO legal jurisdiction to preside over ANY matter alleging animal cruelty against a Defendant, because the alleged offenses are classified as either “Class A Misdemeanors” or “State Jail Felonies”. Class A Misdemeanor’s and State Jail Felonies include “jail time” as part of their punishment which denies a citizen of the constitutionally protected right to Liberty, and these punishments are under the jurisdiction of the District Courts.
Thus, the Justice of The Peace has NO legal jurisdiction to find ANYONE guilty in ANY matter alleging an offense of animal cruelty, or to render any “Opinion” in ANY matter alleging an offense of animal cruelty against a Defendant. TEXAS HEATH & SAFETY CODE, SECTION 821.021 et seq. defines Animal Cruelty in “civil” terms. The language the legislature has very carefully used to codify the statutory scheme very specifically uses “an” animal[singular] and “the” animal [singular] throughout the entire 821 section of the Code. This very specific and careful construction and use of “singular” terms must be adhered to as a matter of law.
Nowhere in 821.021 et. seq. is there ANY reference or provision to consider an entire collection of animals in one sweeping decision of any kind, especially by a layman, non-lawyer Justice of The Peace Court.
The language of 821.021 et. seq. provides directions for seizure and impoundment of animals believed to be cruelly treated, the procedure for bringing a defendant to answer allegations of animal cruelty, directions for disposition of cruelly treated animals by a court of competent jurisdiction, and other directions regarding animals. Directions for disposition of cruelly treated animals involves the “taking” of animals–personal property–from their owners. This “taking” of animals -personal property–from their owners involves an owner’s Constitutional rights to “property” guaranteed and protected by the United States Constitution and the Texas Constitution, therefore any taking of animals from an owner must be determined in a District Court with a judge who is professionally trained and experienced in matters of constitutional law.
TEXAS HEALTH & SAFETY CODE, 821.022(b) describes the function of the Justice of The Peace in matters alleging Animal Cruelty: (b) On a showing probable cause to believe that the animal has been or is being cruelly treated, the court or magistrate shall issue the warrant and set a time within 10 calendar days of the date of issuance for a hearing in the appropriate justice court or municipal court to determine whether the animal has been cruelly treated.
The ONLY legal authority that a Justice of The Peace has been given in the statutory scheme codified in the TEXAS HEALTH & SAFETY CODE, 821 et. seq. is to (1) issue a warrant for the seizure and impoundment of “an” animal [singular] and (2) to conduct a preliminary hearing to determine the “condition” of “the” animal [singular] which has been seized.
Nowhere in 821.021 et. seq. is there a provision for an “open” warrant to be issued to seize an entire collection of animals. The Warrant to be issued described in 821.022(b) is a Warrant to seize a “singular” animal. A Warrant issued for more than a “singular” animal is in violation of 821.022(b) violating legislatively defined limitations of 821.021 et. seq.
In the entire Animal Cruelty statute codified in TEXAS HEALTH & SAFETY CODE, SECTION 821.021 et. seq., a Justice of the Peace is given only very limited jurisdiction and authority, which is subordinate to the primary foundational jurisdiction and authority found in Article 5, Section 19 of the Texas Constitution.
The jurisdiction and authority of a Justice of the Peace in matters alleging Animal Cruelty is defined in 821.022(b), which is to “set a time within 10 calendar days of the date of issuance [of a warrant to seize an animal] for a “hearing” in the appropriate justice court “…to determine whether the animal [singular] has been cruelly treated.” This directive does NOT state: “…to determine whether the OWNER of “the animal” HAS cruelly treated “the animal.” Thus, this directive for a “hearing” focuses ONLY on the “condition” of “an animal” [singular].
According to TEXAS GOVERNMENT CODE SECTION 27.031, this prescribed “hearing” can ONLY be a preliminary hearing, and can NOT be turned into a full fledged criminal proceeding by which a collection of multiple animals is simply Ordered given to animal rescue organizations, by a Justice of The Peace.
And, according to TEXAS GOVERNMENT CODE 27.031(b)(1) this preliminary “hearing ” directed in TEXAS HEALTH & SAFETY CODE SECTION 821.022(b) to “…determine whether the animal [singular] has been cruelly treated,” can not be arbitrarily turned into a legal civil proceeding by a layman, non-lawyer Justice of the Peace to legally give a collection of multiple animals to animal rescue groups. Any“Order” giving possession of a herd or collection of animals signed and issued by a Justice of the Peace is a complete violation of the limits of the foundational legal authority of the Justice of The Peace position, making such “Order” null and Void.
A recent Opinion handed down by the Texas Supreme Court expresses the Court’s view of the authority of layman, non-lawyers. A Justice of the Peace, and especially a layman, non-lawyer Justice of the Peace, does NOT have the education or training to make any final decisions in matters of Constitutional rights and Constitutional Law.
Since matters alleging Animal Cruelty offenses affect a citizen’s civil rights of Liberty and Property protected and guaranteed by the U.S. Constitution and the Texas Constitution, a mere layman, non-lawyer Justice of the Peace has no educational training or experience.
Example 1) On January 27, 2012 the Supreme Court of Texas handed down an Opinion in the City of Dallas v. Heather Stewart, 361S.W.3rd 562(2012) in which they state, “…We do not believe, however, that this matter of constitutional right may finally rest with a panel of citizens untrained in constitutional law (top of pg.10). This recent and now well known “Heather Stewart” case involved a panel of laymen, non-lawyers “taking” real property from Heather Stewart. The Texas Supreme Court shows that final decisions in matters of Constitutional Law and citizens rights protected by the Constitution can not finally rest in decisions made by laymen, non-lawyers who have no training or experience in matters involving decisions in constitutional law.
A layman, non lawyer justice of the peace lacks the authority and experience to make any final decisions regarding the “taking” of animals from an owner, or Opinions awarding or giving animals to animal rescue organizations.
During the preliminary “hearing” authorized by 821.022(b), if it is determined that “the” animal [singular] -which was seized by a properly written “Warrant” -has been cruelly treated, then the Justice of the Peace has been given the “administrative” authority to cause “the” animal to remain in impound under the care and custody of the County, and to forward the case and Defendant to District Court.
If it is determined that “the” animal has not been cruelly treated, the Justice of The Peace has the authority to release the animal from impound and the Defendant from further legal proceedings. According to the legal limitations imposed by the Texas Constitution, Article 5, Section 19, and the Texas Government Code, Section 27.031, a Justice of The Peace has absolutely NO legal authority to make any other determinations concerning allegations of animal cruelty.
As previously discussed, a layman, non-lawyer Justice of the Peace has NO lawful jurisdiction or authority to issue ANY “Order” giving a collection of an entire group of animals–to animal rescue organizations, in ANY matter alleging animal cruelty. Upon determining “an” animal has been cruelly treated during a “preliminary hearing”, the Justice of the Peace, especially a layman, non-lawyer has the legal duty and responsibility to transfer the case involving Animal Cruelty allegations against a Defendant to the District Court.
Example 2)The Justice of the Peace has the legal duty and responsibility to transfer any case alleging Animal Cruelty violations against a Defendant to the District Court. In the case of the State of Texas v. Linda Jones, Wood County Judge Bryan Jeanes demonstrated his responsibility as a layman non-lawyer to transfer the case to District Court in his Motion to Transfer Case and accompanying Order to Transfer Case. Judge Bryan Jeanes correctly demonstrated his legal inability to preside over a case alleging animal cruelty. The case of multiple counts of animal cruelty was dismissed against Linda Jones on November 9, 2012. Wood County Justice of The Peace for Precinct 3, Clancey Holmes seriously violated the limits of his position in an Order giving an entire herd of horses to True Blue Animal Rescue and Blue Bonnet Equine Humane Society. The “Order” issued by Holmes was void before it was ever signed because of the legal limitations of Holmes position as a layman, non-lawyer Justice of the Peace.
Any “Order” signed and issued by a layman, non-lawyer Justice of The Peace awarding possession of a collection of animals be given to an animal rescue organization, is a complete violation of the foundational limits of their authority, and as such is invalid and void. Such an “Order” runs completely afoul of the protections guaranteed by the Texas Constitution and the United States Constitution constituting nothing less than reversible error.
This blatant violation of the limits of the legal authority of the position of Justice of The Peace is a very serious violation of a citizen’s constitutionally protected civil rights, constituting outright “Theft” of a citizen’s property under “color of law”, Title 18, United States Code, Section 1983. Such an “Order” also smacks of collusion with animal rescue organizations and “Conversion” which is a violation of 23 U.S.C. 1367, as well as other violations of Federal Statutes, Codes, and Rules, and serious violations of a citizen’s Constitutionally protected civil rights. ~We are seeking Life, Liberty, and the right to own our Property as guaranteed by both US and Texas Constitutions.
More information: http://www.righttoownassets.com/index.html
No, we are not lawyers and strongly suggest this be shared with an attorney if you are accused. We do not suggest that anyone facing these charges become a pro se litigant!!! YOU the TAXPAYER are paying for every bit of this wrongful prosecution-Demand accountability from your District Attorney he’s an elected official!!!
“are you aware that animal seizures and rescues are being conducted by a very sophisticated network of organized crime who have developed a very sophisticated scheme by which they are criminalizing longstanding animal owners; divesting them of ownership of entire herds of livestock and commercially valuable animals. ~all of this done at taxpayer expense?!?”
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**Disclaimer connected to the blog…Things said are of my opinion and the opinion of others…Stay tuned and follow this blog…Hear me Roar -B
Top Cats Roar... 
[…] [BLOGGERS NOTE: This is unconstitutional!!! No LAW can supersede the US and Texas Constitutions…Already the laws are NOT properly followed…they have been seizing whole herds and entire groups of VALUABLE animals when the TX Health and Safety Code 821 et al. states an animal and the animal-SINGULAR…see page on this blog The Texas Animal Cruelty Maw and the Justice of the Peace Jurisdiction: https://topcatsroar.wordpress.com/texas-animal-cruelty-law-and-the-justice-of-the-peace-jurisdiction/ ] […]
TEXAS ACTION ALERT-Messages from TX-RPOA | Top Cats Roar... said this on March 31, 2013 at 2:48 am |
Linda Jones is my Mother. There is so much more to this than people could imagine. The fact is the damage is done and my entire family has been ruined. The Wood County Sheriff’s DEPT seized these horses with so much publucity. There were too many vehicles to count. The horses were chased for hours on foot, on 4-wheelers, & horseback. The Sheriff’s DEPT allowed KLTV news from Tyler, TX on the property & gave them a guided tour. It was broadcasted showing only one perspective. My Mother’s “mug shot” was broadcasted. She will be 70 this May. The news reported she was charged with 19 FELONY counts of Animal Cruelty. They reported “quotes” from True Blue about the horrific abuse & neglect. The Preacher of my daughter’s Church was called to “assist” with the seizure of the horses. He is a rancher & horseman. He told me personally that when he arrived, he said to himself “This is wrong”. He had no idea Linda Jones was my Mother. He went on to tell me he saw nothing wrong with the horses & if these were abused animals, he knew of horses everywhere that looked worse… Including some of his own. There were more than 19 horses taken. In various news reports, the inconsistencies are apparent. My Mother was offered a Plea Bargain that she wouldn’t be prosecuted if she would give the horses to True Blue who ALREADY had the animals. They were stolen as far as I’m concerned. Of course she didn’t accept. She was only charged with 1 count & it was a Class C. Not 19 felonies. The “seizure” order was not legal in my opinion. All the horses @ that location were taken. In addition, we had 48 head of cattle stolen from our other property. Sheriff’s DEPT vehicles were seen inside the property several times prior to the cattle being stolen. Family members have been threatened. A theft report was made on the cattle, but we don’t know if it was taken. That same property has been burglarized numerous times. It finally got to the point, no deputy would respond after my Mother’s case was dismissed. Thankfully we have a new Sheriff & some good deputies now. Unfortunately, there’s still one bad apple. My nephew was arrested November 27, 2012 for Criminal Mischief a misdemeanor. I bailed him out & told everyone in the family something was going to happen before the new Administration took over January 1, 2013. My nephew was on probation for a Failure to Appear from 2010. The case he “allegedly” didn’t appear was filed in ’09 & dismissed in ’11 no evidence. The D.A. tried him for the FTA BEFORE the original case. No evidence. He was arrested December 7th 2012 on MTV Probation & held on no bond. On 12/11/12, J.P. Tomerlin dropped the original Criminal Mischief & bumped it up to a 3rd degree Felony & added AGG ASSAULT/DEADLY WEAPON. Bond set @ $10,000 & $50,000 respectively. As far as I know, it was sent to District Court January 28 & 2 more 3rd degree felonies were added. After what I’ve seen done to my family for so many years, I don’t see how my nephew can get a fair trial. My Mother & Brother have been charged with so many Felonies over the years, I’ve lost count. Strange this is that EVERY SINGLE ONE was dismissed. I feel this is retaliation on my nephew. It was mere days after my Mother’s case was dismissed, my nephew is arrested. He’s still in jail. My Brother’s business is ruined. Our family is forever damaged & it continues on. When will it end?
TY!!! OMG!!! I hope you can get him out and dismissed!!! The truth needs to surface…I hope you…or your family, files suit!!!
Did your mom get the animals back or reimbursed?!? What happened to those animals??? Do you know???…I bet they weren’t…Bet she wasn’t reimbursed and does not know where the animals went right?!? -B
NO. We have no idea where the horses are. My daughter & myself have seen pictures on their website. Not of all of them. The main one I have NEVER seen was Brother’s bay paint gelding. This was the only horse that was broke to ride. Reimbursement? No. Money will never give back the integrity that these animal rights “ACTIVISTS” took. Rescue? They didn’t need rescued. These people are from up North. The Sheriff’s DEPT will be held accountable. They participated in this theft. I feel what’s being done to my nephew is retaliation from the former Sheriff’s Administration. They locked him up before the new Sheriff took over. What about our cattle? It was days after the horses were “rescued” that they were stolen from a totally different property. They’ve been sold long ago. She has 2 years to sue. We are focusing on my nephew. Trying to make yet another wrong RIGHT!!!
OMG!!! This is just awful!!! Texas so not surprised!!! And the thing is, how many others!!! How many crawl into a hole and hide?!?! Go broke and wiped out?!? This is just awful!!! I hope you are successful in getting him out!!! Best -B
True Blue Animal Rescue & Bluebonnet Rescue are run by the same people.
Interesting!!!…they claim ‘rescue’…I have seen numerous pictures in the paper of how animals are suffering from the drought (Act of God)…To attach ‘rescue’ to it means they would have to make an effort for help!!! Bet they didn’t!!! Hope your mom files suit!!! -B Wait…is there a connection to Black Beauty Ranch -straight up HSUS CONNECTED and under investigation for RICO!!!…What about Habit for Horses???
I don’t know. I was able to link these together because it started as Bluebonnet & then True Blue, but I’ve seen both are active. The main “RED FLAG” was True Blue was using a P.O. Box as an address. Also, in a pre-trial hearing the woman associated with both admitted under oath she didn’t have an accountant. She couldn’t produce any books. A Non-profit organization is required to have this. Another strange thing is ‘EQUINE” isn’t used in their name anymore. These people need to head back up North & stop stealing us Texans livestock.
By the way, Wood County Judge Bryan Jeanes awarded True Blue custody of our horses. My Mother appealed, but TRUE BLUE prevailed & then had the audacity to ask for reimbursement from my Mother for feed & hay. Isn’t that stuff donated??? How could we find the horses? They were awarded to TRUE BLUE in January 2011. This was in District Court for a long time. It was FINALLY dismissed in NOVEMBER 2012.
NOT CONVICTED-Return the animals damn it!!! TX Health and Safety Code is what they use -When it suits them -Right!?! What abut when they abuse the law, the statute and more importantly, the citizens!!! You have documented this so well-TY!!! Sure hope your nephew is out soon!!! Best -B
The Wood County Democrat (local newspaper in Wood County, TX) reported in April 3rd, 2013 issue that Justice Of Peace Clancy Holmes, Precinct 3 resigned for “personal” reasons”. I wasn’t aware he was also a former Deputy with the Wood County Sheriff’s DEPT.??? When I noticed his name in your reporting, I had wondered why a Precinct 3 J.O.P had even been involved. This property is under Precinct 1 jurisdiction as far as I know. That would be Alice Tomerlin. Wood County also has 2 Deputies that deal with “animal” issues…meaning they have training. Prior to two “former” deputies investigating these “so-called” complaints involving 1 horse, one of theses Deputies found nothing wrong. He went on the property & actually observed the animal. The two Deputies that took “witness” statements to obtain the order were not experts. One was fired soon after all this happened. She is suing the DEPT for alleged harassment, bla, bla, bal. Who cares? The other “resigned” days after giving testimony about this case. I have a lot of hope that with this new Sheriff & his Administration that there will be changes in Wood County. You can’t “unring” the bell, but I believe the County has a man that will go after the REAL criminals!!!
Holy Moly-At least they were smart enough to resign!!! Not always the case and ends up in a big mess.
Hopefully they will now leave the animals alone and the responsibility to their owners however, these NFP organizations do everything they can to seize the animals and rewarded the property with the help of the sheriff’s department and the judges who, don’t know they are out of their jurisdiction to even approve a search and seize warrant thus less hear a case and award the animals to…the NFP!!! -just crazy!!!
You’re totally correct-can’t “unring the bell”-good quote, lol, -it is what it is and they can’t change how they unlawfully stole the property, and manufactured evidence!!! They should not have done the deed in the first place and will pay for having done it.
How’s your nephew? Is he out yet? Sure hope so…just maybe all the crap will be behind your family soon!!! Best -B
Unfortunately my nephew isn’t out. Over 4 months now. It took almost 2 years for the District Court to dismiss ONE misdemeanor charge against my Mother. The case against my Nephew is very complicated. The charges were there before the new Sheriff took office. All are in District Court now. The same folks will be attempting to prosecute him. I hope the Judge is as responsible as he was in my Mother’s case. I think the prosecutor thought my Mom would take a plea on her charge. I was beginning to wonder if they were waiting for her to die of old age. They’ve already been trying to get him to make a plea bargain. He’s a young man. We may be broke now, but we’re not BROKEN! The wheels of Justice definitely does turn slowly. Losing our animals & money is bad enough. Now, they’re trying to take one of us.
Shame on them and wondering how they can live in their own skin sometimes…then I realize it’s just anther day…anther dollar and they think a feather in their cap-What BULLSHIT!!! I am outraged!!! -B
Topcatsroar- You mentioned “judges who, don’t know they are out of their jurisdiction…” I don’t believe that. They KNOW their jurisdiction and limitations, just as surely as a Game Warden knows he has no authority over exotic animals or household pets (cats and dogs). But they do it anyway, because they are counting on you and me to not know they are out of their jurisdiction, and to just accept their kangaroo court decisions. With or without representation, we all must speak up about this abuse of discretion by not only the courts, but law enforcement and all other “authorities.”
ABSOLUTELY-TY!!! -B
[…] See my blog post on this issue: https://topcatsroar.wordpress.com/texas-animal-cruelty-law-and-the-justice-of-the-peace-jurisdiction/ […]
Recapping the SPCA of Dallas KILLING SPREE -EXTREME UPDATE!!! | Top Cats Roar... said this on August 2, 2013 at 5:32 pm |
[…] https://topcatsroar.wordpress.com/texas-animal-cruelty-law-and-the-justice-of-the-peace-jurisdiction/ […]
Follow UP-SERIOUSLY!!! | Top Cats Roar... said this on August 2, 2013 at 10:28 pm |
[…] See my blog post on this issue: https://topcatsroar.wordpress.com/texas-animal-cruelty-law-and-the-justice-of-the-peace-jurisdiction/ […]
MORE ON THE SPCA OF DALLAS “KILLING SPREE”… Emory, Rains County, Texas – “Poster Child” for Animal Rescue. | Animal Owners For Justice said this on October 1, 2013 at 1:37 pm |
[…] Without conviction and without a court with proper subject matter jurisdiction they took and kept my animals…However the ACTUAL law for animal cruelty in Texas requires conviction!!! There was none-no criminal case exists…They tried to fool us ad fool the court however a Justice of the Peace Court is not allowed to hear class A misdemeanors in Texas…Midway, the case changed without any notification of the defendants…Note-There is a saying, a criminal case is criminal ad a civil case is civil and never the two shall meet-Two different sets of rules *NOTE-Argument regarding the JP Court and the taking of property-Civil Procedure: https://topcatsroar.wordpress.com/texas-animal-cruelty-law-and-the-justice-of-the-peace-jurisdiction… […]
Interesting Development as Nebraska Now Joins Other States to Prevent Civil Forfeiture without Conviction | Top Cats Roar... said this on November 29, 2016 at 9:58 am |