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The Felony Trial Judges' administration rules: the Clerk equally distributes every indicted criminal case into the 9th, 221st, 359th, and 435th District Courts (instanter arrests follow the week's assignment court; the Board of Judges may change these practices at any time); capital cases rotate among the district courts and may be transferred in the interest of justice; co-defendants are assigned to the same court and transferred if inadvertently split; bench/case exchange at any time; the Administrative District Judge may transfer cases between courts carrying an inequitable burden; defendants must be PERSONALLY PRESENT at all Motions, Plea, Call, and Trial Docket settings (remote appearance only on pre-date request when a serious emergency or higher-court authorization allows it); self-represented defendants must appear personally at every setting, are held to counsel's standard, receive on-the-record self-representation inquiries, and may have stand-by counsel appointed; resets generally within 30 days with notice to both sides (bail and revocation hearings noticed so witnesses can be called); trial settings at any time with a standard discovery order filed in every case under Michael Morton Act guidelines, a pre-trial call docket for additional motions (limine encouraged by call docket), custody defendants heard first then oldest cases, preferential settings on request for complex or witness-heavy cases or by the court for efficiency; discovery through the Montgomery County District Attorney's online portal (some responses in writing or electronic media); and bond set aside for non-appearance at any setting. Adopted by the Felony Trial Judges effective January 1, 2023 (signed Grant 9th, Michalk 221st, Hamilton 359th, Maginnis 435th); amendable by a vote of one half of the Felony Trial Judges.
Texas > Montgomery County > the felony district courts (indictments distribute equally to the 9th, 221st, 359th, and 435th District Courts; all Montgomery courts are general-jurisdiction and the Board of Judges may reassign as county needs change). Operates under the county-wide Rules of Administration and TRCP 3a posting.
MONTGOMERY COUNTY RULES OF ADMINISTRATION FOR FELONY CASES Purpose The primary purpose of the Rules of Administration for Felony Cases is the efficient and fair management of court dockets and trials. These rules should be followed to assist in the efficient and just disposition of cases with unnecessary delay to the parties. "Felony Trial Judges" shall refer to all judges that hear felony cases. Our courts are all general jurisdiction courts and have the ability to hear all types of cases and nothing in this should preclude the Board of Judges from assigning cases in a different manner if the needs of Montgomery County change due to demographics or case filings. Rule 1 General Except as otherwise provided in this Rule, the Clerk shall equally distribute every criminal case filed by indictment into the following District Courts: 1.1 9th District Court 1.2 359th District Court 1.3 221st District Court 1.4 435th District Court An instanter arrest will be assigned differently based on what court is being assigned cases for that week. The Board of Judges has the ability to change these practices at any time in order to facilitate a more efficient disposition of cases. Capital cases shall be assigned on a rotation basis among the District Courts. Capital cases may also be transferred for efficiency in the interest of justice to another court. Each numbered or lettered paragraph of these Rules of Administration for Felony Cases shall be considered to be separate and distinct from all other portions hereof. If any portion should be declared by a higher court to be improper, such declaration will not affect any other portion not declared to be improper. Co-defendants in felony cases shall be assigned to the same court and shall be transferred in the event they are inadvertently placed in different courts. Rule 2 Exchange of Cases The courts may at any time exchange cases and benches to accommodate their dockets or to expedite the court's trials. Rule 3 Fair Distribution of Cases The Administrative District Court Judge may transfer cases between County Courts at Law if he/she finds that a court has an inequitable burden due to illness, complex litigation, trial schedule, or other sufficient reasons. Rule 4 Attendance at Settings 4.1 Defendants must be personally present in court at all Motions Docket, Plea Docket, Call Docket, and Trial Docket settings as set forth below. 4.2 In the event, there is a serious emergency or in the event the Texas Supreme Court or the Court of Criminal Appeals allows for it, counsel for defendant may request that he or she be allowed to appear remotely with their client. If there is an order from a higher court allowing for this, the Court may allow the defendant to appear remotely. However, the Court must receive a request from the party prior to the court date and must allow it. Rule 5 Self-Represented Defendants 5.1 Self-Represented Defendants must be personally present in court at all Court settings. 5.2 Self-represented defendants will be held to the same standard as defendants that have counsel and are encouraged to either retain an attorney or be interviewed to see if they qualify for a court-appointed attorney. The Court will allow the case to be reset if the defendant would like additional time to hire an attorney. However, if they choose to represent themselves they will be given that right based on the United States and Texas Constitutions. The Court will have questions for the defendant that must be addressed on the record including but not limited to the age of the defendant, the education level of the defendant, etc. pursuant to rules set out in case law concerning the right of self-representation. Stand-by counsel may also be appointed to assist in the event the defendant chooses to relinquish his or her right to self-representation due to the serious nature of felony charges. Rule 6 Resets Cases may be reset at times and a new date will be given. Most cases will not receive a reset date more than 30 days from the current court date. Both the State and Defendant will receive the new date and if it set for a hearing on bail or a revocation hearing, for instance, both sides shall receive notice in order for them to be able to call witnesses and present evidence. Rule 7 Trial Settings 7.1 A case may be set for trial at any time. Defendant should file pre-trial motions and request a date for them to be heard. Some motions will be carried with the trial depending on a decision by the Court. A standard discovery order is filed in every case and felony courts follow the guidelines set out in the Michael Morton Act. A "call docket" will be scheduled prior to trial and the defendant will be allowed to address any additional motions. If possible, defendants are encouraged to file pre-trial motions by the call docket so the Court will be aware of the issues and can hear any motions at that time (such as Motions in Limine) 7.2 Defendants that are in custody will have their cases heard first then the oldest cases will be heard in order unless the case has been preferentially set for trial 7.3 Defendants may request that their case be set preferentially in the event it is a case that involves a complex matter or a large number of witnesses. The Court will also be able to set a case preferentially in the interest of justice on a case by case basis for proper management of the Court's time and for efficiency. 7.4 Discovery is obtained by an online portal set up with the Montgomery County District Attorney's Office although some responses may be submitted to the defendant in writing or by electronic media. Rule 8 Bond Forfeiture Defendant's bond will be set aside if he or she does not appear at all settings including call docket, trial setting, pre-trial settings, etc. Rule 9 Adoption, Approval, and Amendment of These Rules of Administration for Felony Cases 9.1 These Rules of Administration for Felony Cases are adopted by the Felony Trial Judges for all purposes. On January 1, 2023, upon the signature of majority of Felony Trial Judges and posting to the Office of Court Administration's website, these Rules of Administration for Felony Cases shall become effective and remain in effect so long thereafter until amended, repealed, or modified. 9.2 These Rules of Administration for Felony Cases may be amended, repealed, or modified by a vote of one half of the Felony Trial Judges. Adopted on the 1st [handwritten] day of January, 2023. [signature] JUDGE PHIL GRANT, 9th JUDICIAL DISTRICT COURT [signature] JUDGE LISA MICHALK, 221st JUDICIAL DISTRICT COURT [signature] JUDGE KATHLEEN HAMILTON, 359th JUDICIAL DISTRICT COURT [signature] JUDGE PATTY MAGINNIS, 435th JUDICIAL DISTRICT COURT [Running footer: Rules of Administration for Felony Cases — Page 1 of 4 / Page 2 of 4 / Page 3 of 4 / Page 4 of 4]
MONTGOMERY COUNTY RULES OF ADMINISTRATION FOR FELONY CASES Purpose The primary purpose of the Rules of Administration for Felony Cases is the efficient and fair management of court dockets and trials. These rules should be followed to assist in the efficient and just disposition of cases with unnecessary delay to the parties. "Felony Trial Judges" shall refer to all judges that hear felony cases.
Reviewer note: Image-only registration (four pages) read in full through the vision lane; operative provisions quoted verbatim. Signature page: Grant (9th), Michalk (221st), Hamilton (359th), Maginnis (435th), adopted January 2023 (handwritten day partially legible). Registered effective-date basis: Rule 9.1's January 1, 2023 trigger. Composed benchpath-ajr2-p2. [TRANSCRIBED BY EYE 2026-09-21 (corpus-0920 P12): every page of the registered file (sha256 1f4ee1961844..., 4 page(s), image-only scan; the OCR layer used as a typing base and corrected word by word from the page) read against the rendered file; verbatim, source typos kept, stamps/signatures bracketed; the earlier abstract replaced by the full instrument; confidence high. benchpath-tx-corpus0920-p12-2026-09-21]
Division XI: information forms for data processing (Rule 11.2); required action - action taken on all calendared cases and a future date always set (Rule 11.19); and pro tem judges - an attorney named as a plaintiff in a civil or small claims case may not sit as a judge pro-tem during the case or within six months following its resolution, nor one named as a defendant in two or more such cases (Rule 11.22). Rules 11.1, 11.3 to 11.5, 11.7 to 11.18, 11.20 and 11.21 are repealed, and Rule 11.6 (voluntary arbitration; see Local Rule 10.2) was repealed and renumbered.
Duval County's indigent-defense and magistration rules under the Texas Fair Defense Act (S.B. 7): who may be booked into the county jail and on what paper; arrest-case numbering; presentment to a magistrate within 48 hours (art. 15.16); the magistrate's warnings, counsel inquiry, interpreter duty, indigence determination and appointment of counsel within 24 hours of a request; the alternative appointment plan under art. 26.04(g)-(h) with annual applications, seven attorney categories (capital, first and second degree, third degree/state jail/misdemeanor, competency, appeals, post-conviction, extradition), CLE and experience standards, random rotation within each category, written acceptance within 48 hours, first contact by the end of the next working day, replacement and suspension of counsel, fee applications within five days of completing services and the compensation attachment ($500 pleas; $175/$150 hourly; $1,400 per jury-trial day; appellate caps); bail schedules by offense class with a personal bond office (fee $20 or 3%), pre-trial supervision and revocation hearings within two working days; arraignment settings and notice; repeal of conflicting rules.