In re Elliott (Tex.App.- Houston [1st Dist] Aug. 20, 2009) (no jurisdiction to issue mandamus against JP
court judge)
DISMISS PETITION FOR WRIT OF MANDAMUS: Per Curiam
Before Justices Hanks, Higley and Massengale
01-09-00713-CV In re Michael W. Elliott
Appeal from County Court of Harris County
Trial Court Judge: Hon. David M. Patronella
Opinion issued August 20, 2009
In The
Court of Appeals
For The First District of Texas
NO. 01-09-00713-CV
NO. 01-09-00714-CV
IN RE MICHAEL W. ELLIOTT, Relator
Original Proceedings on Petitions for Writs of Mandamus
MEMORANDUM OPINION
By petitions for writs of mandamus, relator, Michael W. Elliott, challenges the trial court’s Footnote
August 12, 2009 order denying Elliott’s motion to disqualify. The respondent is David Patronella,
Justice of the Peace of Harris County.
Article V, Section 6 of the Texas Constitution specifies the appellate jurisdiction of this Court, and
specifies that we “shall have such other jurisdiction, original and appellate, as may be prescribed by
law.” Tex. Const. art. V, § 6. Government Code section 22.221 authorizes this Court to issue writs
of mandamus (a) when necessary to enforce our jurisdiction or (b) against a judge of a district or
county court within our geographical jurisdiction. Tex. Gov’t Code Ann. § 22.221 (a), (b) (Vernon
2004). Elliott has not claimed or shown that the relief he requests is necessary to enforce our
jurisdiction, and we have no independent authority to issue a writ of mandamus against a justice of
the peace. E.g., Easton v. Franks, 842 S.W.2d 772, 773–74 (Tex. App.—Houston [1st Dist.] 1992,
orig. proceeding).
We dismiss these original proceedings for lack of jurisdiction.
PER CURIAM
Panel consists of Justices Hanks, Higley, and Massengale.