Washington County Court Records

Washington County Courts, TX *

Washington County is a small county located in the Brazos Valley region of Texas. Despite the small size, it operates under a multilayered court structure like other counties in Texas. The system is divided into trial and appellate courts, with trial courts being the ones people most often interact with.

Dealing with legal matters in Texas can be complicated, especially if someone is doing it for the first time and without an attorney. The court is divided into different levels, and each one of them has its own jurisdiction. Navigating such a system may require someone to have some basic knowledge of the courts and what they do. Also, one needs to understand the clerks who handle specific records and filing to avoid wasting time by visiting the wrong clerk.

Overview of the Washington County Court System

At the local level, Washington County has four main categories of trial courts: the District Courts, the County Constitutional Court, the County Court at Law, the Justice of the Peace Courts, and the Municipal Courts for the cities of Brenham and Burton. Each of these courts has the authority to hear certain types of cases. It is important to understand the role of each court to avoid delays and dismissals when undergoing a court procedure.

Since Washington County is small, most court offices are housed at the county courthouse, except that some Justice of the Peace courts operate in separate locations. The District Clerk's office and the County Clerk's office are responsible for filing and managing court records. Accessing the records can either be online or in-person, depending on the type of case.

Types of Courts in Washington County, Texas

Washington County uses a multi-layered court system, meaning it has different courts with each one having its own jurisdiction. When filing a case, residents need to know the court that handles their case type to avoid dismissal and delays. Below is a detailed section describing the different courts and what they handle.

District Courts

At the top of the Washington County court system are two district courts, namely the 21st District Court and the 335th District Court. Both District Courts hear cases in Bastrop, Burleson, Lee, and Washington Counties. The courts share jurisdiction and handle the most serious and complex criminal and civil cases that come through the county. The courts handle felony level criminal cases that have already gone through the grand jury process. Only the District Attorney's office has the power to prosecute criminal cases in district courts.

For civil matters, the District Courts hear:

Lawsuits claiming a large amount of money or with complexity.
Family law cases, including:
Divorces
Child custody modifications
Adoptions
Name changes

The District Clerk's office manages all filings for these courts, and one can access the yearly filing fees schedule on the county website. All new cases filed with a lawyer must be electronically filed through the Texas e-filing portal. The self-represented litigants are exempt from the law and can file physically at the District Clerk's office.

Primary Location: Washington County Courthouse

County Court at Law

Washington County has one County Court at Law, which is right below the District Courts in terms of jurisdiction. The court acts as the middle tier that handles criminal misdemeanors and civil appeals. Specifically, it handles:

Class A and Class B misdemeanor cases
Appeals from the Justice of the Peace or Municipal Courts
Probate cases
Guardianship

The County Clerk's office handles the administrative side of these filings. The office manages the records and filing of cases at this court. If anyone has questions regarding the court, they can call or visit this office, and they will be directed to the right person.

Primary Location: Washington County Courthouse

County Constitutional Court

Unlike other courts that focus solely on trial matters, the County Constitutional Court also has administrative responsibilities. In Washington County, the main trial responsibilities are to handle probate and mental health matters that include:

Wills administration
Estates
Guardianships
Mental health proceedings

The court's preceding officer is the County Judge, who is elected to serve for four years. The office serves a dual role, as it also presides over the Commissioners Court.

Primary Location: Washington County Courthouse

Justice of the Peace Courts

Washington County is divided into four precincts, with each one having its own Justice of the Peace (JP) Court. These courts are at the entry-level in the Texas system, and have the responsibility of handling:

Small civil claims claiming amounts less than $ 20,000, like:
Contract disputes
Eviction issues
Landlord-tenant disagreement
Unpaid invoices
Class C misdemeanor criminal cases are punishable with fines of up to $500 and no jail term, including:
Traffic violations
Minor code violations
Certain alcohol-related offenses

Residents can request a jury trial in a Justice of the Peace court at least 14 days before their scheduled trial date at a $22 jury fee.

Primary Locations: Justice of the Peace Courts Precincts

Municipal Court

The City of Brenham has its own Municipal Court that operates separately from the county court system. The court handles Class C misdemeanor violations of city ordinances and state law within the city limits. They include:

Traffic tickets issued by the Brenham Police Department
City code violations

In Brenham, fines can be paid online, by mail, or in person at the city. It is possible for one to contest a citation by requesting a court hearing. If not satisfied, one can file for an appeal, and the case will be transferred to the County Court at Law for a new trial.

Primary Location: Brenham City Hall

Commissioners Court

Washington County has a Commissioners Court that lacks the traditional jurisdictional scope of trial courts. It is an administrative body that oversees the county's executive functions. The specific responsibilities include:

Budgeting
Approving work contracts
Coming up with tax rates
Public development, such as building community facilities
Overseeing the conduct of county officials

The Commissioners Court ensures that the public is kept informed about the policy and involved in the decision-making process by holding public meetings to update the public and hear their concerns.

Primary Location: Washington County Courthouse

How to Access Washington County Court Records

The method that people in Washington County use to access court records varies depending on the case type. Some records are accessible to the public online, while others are restricted and require an in-person visit. Below are specifics on how one can access records.

Online Access

The statewide tool called re:SearchTX gives the people of Washington County the opportunity to access court records from the comfort of their homes. All one needs to do is register for a free account that will allow them to see records of civil cases from district, county, and probate courts across Texas, including Washington County. For those who want a full document view, they can pay for a subscription. Also, the appellate court records and cases can be accessed at the TAMES Case Search system.

Alternative Online Options

Third-party tools like CourtCaseFinder can be a good alternative for those who want to search such a case record across multiple counties. The site aggregates information from different court sites and puts it in one place, allowing them to locate case information even when they do not know the court it was filed in. People can search across multiple jurisdictions and court locations to find information. After locating the record, one should confirm the most recent information from the respective court's website.

In-Person Requests

In case one does not get what they want online, they may need to visit the appropriate clerk's office. They can visit the District Clerk's office for the cases filed at the district court and the County Clerk's office for those filed at the county courts. Those county courts include the Constitutional County Court, County Court at Law, and the Justice of the Peace Courts. To avoid rejection or repeated trips to the office, one should bring a photo ID and be prepared to pay copying fees. The clerk's office staff are readily available to help residents identify which court the case was filed in if they are not sure.

Archived Records

Archived records are those court records that have already been through the court system and have been decided. Texas began digitizing County and District Court Records on January 1, 2016. Residents have several options when researching using archived records. Washington County citizens can use the Texas State Library and Archives Commission, which holds old information for Texas counties. For old records that are not accessible on the sites, one may need to contact the clerk's office, and they will be pointed to where the records might be stored.

For Attorneys and Legal Professionals

Legal professionals and attorneys who are not familiar with the court system in Washington County can refer to the standing rules and orders for the county before coming to the courthouse. Those are available at the Texas Judicial Branch, which is the governing body for the court system in the state of Texas. Attorneys who are allowed to practice in Washington County are mandated to file district and county cases using the state e-filing portal at eFile Texas. The portal has an additional access that allows them to view case status, manage filings, and receive notifications through it.

Also, the Washington County District Clerk's office maintains a link to the Texas Judiciary Online portal for appointment and attorney fee information. If a lawyer has any Orders of Nondisclosure to seal certain criminal records, they can be tracked through the Texas Courts Website at the Orders of Nondisclosure page.

How to File a Case in Washington County

Filing a case can be complicated, especially if one is doing it without a lawyer. Below is a well-discussed section that describes the steps.

Step 1: Choose the Correct Court

The Texas court system has several courts, with each one operating within its jurisdiction. The Justice of the Peace courts and municipal courts are the most local and deal with minor legal issues that result in fines. The mid-level trial court is the County Court at Law and the County Constitutional Court, which deals with civil, probate, and criminal cases that are higher than those in the Justice of the Peace courts and lower than those in district courts. At the top is the District Court that handles serious felony crimes and civil cases. It is important to choose the correct court to avoid dismissal.

Step 2: Complete Required Forms

Texas courts have specific forms for each case type and expect one to fill out the right one when filing. Residents can access the forms on Texas Law Help for free. Also, the site has simple English guides that can help the self-represented litigants through the process. To avoid delays and dismissals, one should ensure they fill out the forms accurately and completely. Unsure how to fill out forms? Court clerks are experts in helping answer residents' questions and fill out forms correctly. They can also explain court procedures to citizens who may not be familiar with them.

Step 3: File the Case

Once the paperwork is complete, the next step is to take it to the appropriate clerk's office. Cases filed at the District Courts and the county court by an attorney must be done online using the state e-filing portal called eFile Texas. The self-represented litigants can file their case in person at the District Clerk's office for the district court cases and the County Clerk's office for County Courts and Justices of the Peace filings. If one is filing a small claim at the Justice of the Peace Courts, they can also go to the precinct, and the staff will help them through the process.

Step 4: Pay Filing Fees

Filing fees vary depending on the case type and the court. In most cases, district court filings are higher than those of the lower courts. The residents can confirm the fee from the respective clerk's office or online when filing with eFile Texas. When people file in person, they pay filing fees at the clerks' offices, using cash, cashier's checks, or money orders. Online filers will pay when they file using a debit or credit card. In case one cannot afford the filing fees, the state allows them to apply for a waiver in any court by filing a Statement of Inability to Afford Payment of Court Costs.

Step 5: Serve the Other Party

After filing a case, one is required to inform the other party that a case has been filed against them. In Texas, the clerk issues paperwork, and then a constable, sheriff, or private process server can deliver the documents to the litigants. Litigants are either people who brought the court case or people who are being sued. Once the papers have been served, the sheriff, constable, or certified process server will file a certificate of service with the court. The document must be taken back to the court for the case to proceed to the next step.

Step 6: Monitor the Case

Once both parties are aware of the case, the judge sets hearing dates that must be respected. To avoid a warrant of arrest for criminal cases or a default judgment for civil cases, one should always track the case. Government tools like re: SearchTX are helpful in ensuring that people track their cases and stay updated on their progress. However, people who are having trouble understanding court processes or court calendar can ask the clerk of court for additional help or information.

Washington County Courthouse Directory

Locating the correct contact information for the court can be challenging. The court directory below has the important court contact information people can use for inquiries on specific court-related issues.

Washington County Courthouse

Hosts the district courts and county courts and is located at 100 E Main Street, Suite 304, Brenham, TX 77833.

335th Judicial District Courts

Phone: (979) 277-6200, ext. 5343

Website: 335th Judicial District Courts

21st Judicial District Courts

Phone: (979) 277-6200, ext. 5345

Website: 21st Judicial District Courts

District Clerk

Phone: (979) 277-6231

Website: District Clerk

County Clerk

Phone: (979) 277-6216

Website: County Clerk

County Judge

Phone: (979) 277-6220

Website: County Judge