In re Meyer

482 S.W.3d 706, 2016 Tex. App. LEXIS 330, 2016 WL 157571
Court of Appeals of Texas·Decided January 14, 2016·No. No. 06-15-00180-CR·Published·Cited by 7 cases

Opinion

OPINION

Opinion by

Justice Burgess

This is an original mandamus proceeding brought by Jack H. Meyer, who appears pro se, seeking the issuancé of a writ of mandamus requiring a Harrison County Justice of the Peace, the presiding judge of the County Court at Law of Harrison County, and the Harrison County District Attorney to take certain actions. Meyer says that the purpose of his petition is to “complete without delay [the] ministerial duty [of each] to prove their jurisdiction challenged by the movant in pre-trials, and trials or, dismiss all causes against him and to return all bonds paid by him in these matters immediately.” Because we do not have jurisdiction to issue a writ of mandamus against the respondents in this case, we dismiss Meyer’s request for mandamus relief for want of jurisdiction.

1. Background

According to Meyer’s petition, the problems of which he complains began in June 2009 when he was issued a traffic citation for operating a motor vehicle without wearing a safety belt.1 Approximately five years later, Meyer’s petition states, he received a citation for failure to wear a safety belt and for driving with an expired driver’s' license.2 Meyer alleges that soon after receiving that citation, he received another citation for driving with an expired driver’s license and for “[display of [708] expired registration [iiisignia].”3 Although Meyer’s petition is quite lengthy and includes several exhibits, he did not attach a copy of any of the traffic citations of which he complains.4.' In his petition, Meyer states,

In the issuance of each of the above citations I attempted to .inform the officer of the fact that I was,a sovereign citizen of Texas riot engaged in any act that brought me ünder the jurisdiction of Texas administrative statutes. .That I was, simply a private citizen enjoying my right' to freely travel without injuring anyone and not in the authority of the State to regulate my activity in any why. Simply put, I was not in the jurisdiction of the State government and there existed no authority of the State to impede or diminish my right to drive my vehicle on my highway.

Meyer states'that he explained' to the officers “how [he] arrived at [his] interpretation of the law” but claims that “none of the officers indicated any interest [in] hearing, it and promptly issued the citations.” 5 Meyer claims that he “then contacted 'the administrative tribunals having territorial jurisdiction of the citation and filed' a Motion to Dismiss, Challenge of Jurisdiction, and a detailed explanation of what their jurisdiction was, as an administrative tribunal and magistrate.” Meyer contends that he also included a detailed explanation of “Police Power- and a Challenge of Jurisdiction with many rulings of the Supreme Court of the United States of America on the subjects.”

' According to Meyer, what followed were years of inaction by the courts, subsequent mistreatment by law enforceirient officers in general, and a ’conspiracy by both to assassinate his character, thereby “inflicting great pain, suffering and injury.”6 While it appears from his petition that the lower courts’ jurisdiction over his conduct is the primary issue, in the argument portion of his petition, Meyer attempts to clarify his position by stating,

The issue is not that jurisdiction, does or does not exist, it is the failure of the court to know it exist [sic], the failure of the court to determine that it in fact has jurisdiction when jurisdiction is brought into question and' the failure to show proof to its employer [7] when it .is re-quiredbylaw. ,

Thus, Meyer contends that the district attorney and each of the lower courts failed to address the question of whether the courts possessed the jurisdiction to hear the complaints against him. In his petition, Meyer asks this Court to . order the [709] lower courts and the district attorney to address this issue.

II. We Do Not Have Jurisdiction to Issue a Writ of Mandamus Against a District Attorney or a Justice of the Peace Under Section 22.221(b) of the Texas Government Code

In Texas, intermediate appellate courts have original and appellate jurisdiction, but only to the extent provided by law. Tex. Const, art. Y, § 6. Under the limited mandamus jurisdiction provided this Court by law, we may issue a writ of mandamus only against a “judge of a district or county court in [our] district.” See Tex. Gov’t Code Ann. § 22.221(b) (West 2004).8,9 Caselaw is clear that the courts of appeals do not have jurisdiction to issue a writ of mandamus against a justice of the peace or a district attorney under Section 22.221(b). See Easton v. Franks, 842 S.W.2d 772, 773 (Tex.App.—Houston [1st Dist.] 1992, orig. proceeding) (per curiam) (“[S]ection 22.221(b) ... does riot expressly authorize this Court to issue writs of mandamus against a justice of the peace.”); In re Jones, No. 06-03-00061-CV, 2003 WL 1985247, at *1 (Tex.App.—Texarkana Apr. 30, 2003, orig. proceeding) (mem.op.) (“We do not have mandamus jurisdiction over a district attorney’s office in this context”).

III. We Also Lack Jurisdiction to Issue a Writ of Mandamus Against a Judge of a County Court at Law Under Section 22.221(b) of the Texas Government Code

Case law is less clear, however, about whether Section 22.221(b) authorizes the courts of appeals to issue a writ of mandamus agairist a judge of a county court at law. As will be shown below, appellate courts have historically' defined the term “county court” as including both constitutional and statutory county courts. Moreover, at least two appellate courts have issued writs of mandamus to county courts at law in recent cases. Nevertheless, the statutory language and legislative history [710] compels the conclusion that the courts of appeals do not have such jurisdiction under current law.

A. The Statutory History of Mandamus Jurisdiction in the Courts of Appeals

1. Articles 1823 and 1824 of the Revised Civil Statutes of 1925

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In re Meyer, 482 S.W.3d 706, 2016 Tex. App. LEXIS 330, 2016 WL 157571 (Tex. Ct. App. 2016).

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