John T. Floyd Law Firm
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CODE OF CRIMINAL PROCEDURE CHAPTER 52.
COURT OF INQUIRY
Art. 52.01. Courts of Inquiry conducted by district judges
(a) When a judge of any district court of this state, acting in his
capacity as magistrate, has probable cause to believe that an
offense has been committed against the laws of this state, he may
request that the presiding judge of the administrative judicial
district appoint a district judge to commence a Court of Inquiry.
The judge, who shall be appointed in accordance with Subsection
(b), may summon and examine any witness in relation to the offense
in accordance with the rules hereinafter provided, which procedure
is defined as a "Court of Inquiry".
(b)(1) Before requesting the presiding judge to appoint a district
judge to commence a Court of Inquiry, a judge must enter into the
minutes of his court a sworn affidavit stating the substantial
facts establishing probable cause that a specific offense has been
committed against the laws of this state.
(2) After the affidavit has been entered into the minutes of his
court and a copy filed with the district clerk, the judge shall
request the presiding judge of the administrative judicial district
in which the affidavit is filed to appoint a judge to commence the
Court of Inquiry. The judge appointed to commence the Court of
Inquiry shall issue a written order commencing the Court of Inquiry
and stating its scope. The presiding judge shall not name the judge
who requests the Court of Inquiry to preside over the Court of
Inquiry.
(c) The district or county attorney of the district or county in
which the Court of Inquiry is held shall assist the district judge
in conducting the Court of Inquiry. The attorney shall examine
witnesses and evidence admitted before the court to determine if an
offense has been committed and shall render other assistance to the
judge as is necessary in the proceeding.
(d) If the Court of Inquiry pertains to the activities of the
district or county attorney or to the attorney's office, deputies,
or employees, or if the attorney is otherwise disqualified in the
proceeding, the judge shall appoint one attorney pro tem to assist
in the proceeding. In any other circumstance, the judge may appoint
an attorney pro tem to assist in the proceeding.
(e) If more than one Court of Inquiry is commenced which pertains to
the activities of a state governmental entity or public servant
thereof, then, upon motion of the state governmental entity or
public servant, made to the presiding judge or judges of the
administrative judicial region or regions where the Courts of
Inquiry have been commenced, the presiding judge or judges shall
transfer the Courts of Inquiry to the presiding administrative
judge of Travis County. The presiding administrative judge of
Travis County shall consolidate the Courts of Inquiry for further
proceedings and shall assign a district judge to preside over the
consolidated Courts of Inquiry.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1967,
60th Leg., p. 1751, ch. 659, Sec. 34, eff. Aug. 28, 1967.
Amended by Acts 1987, 70th Leg., ch. 534, Sec. 1, eff. Sept. 1,
1987. Subsecs. (a), (b) amended by and subsec. (e) added by Acts
1995, 74th Leg., ch. 318, Sec. 65, eff. Sept. 1, 1995.
Art. 52.02. Evidence; deposition; affidavits
At the hearing at a Court of Inquiry, evidence may be taken orally
or by deposition, or, in the discretion of the judge, by affidavit.
If affidavits are admitted, any witness against whom they may bear
has the right to propound written interrogatories to the affiants
or to file answering affidavits. The judge in hearing such
evidence, at his discretion, may conclude not to sustain objections
to all or to any portion of the evidence taken nor exclude same; but
any of the witnesses or attorneys engaged in taking the testimony
may have any objections they make recorded with the testimony and
reserved for the action of any court in which such evidence is
thereafter sought to be admitted, but such court is not confined to
objections made at the taking of the testimony at the Court of
Inquiry. Without restricting the foregoing, the judge may allow
the introduction of any documentary or real evidence which he deems
reliable, and the testimony adduced before any grand jury.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1967,
60th Leg., p. 1751, ch. 659, Sec. 35, eff. Aug. 28, 1967.
Art. 52.03. Subpoenas
The judge or his clerk has power to issue subpoenas which may be
served within the same territorial limits as subpoenas issued in
felony prosecutions or to summon witnesses before grand juries in
this state.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1967,
60th Leg., p. 1751, ch. 659, Sec. 36, eff. Aug. 28, 1967.
Art. 52.04. Rights of witnesses
(a) All witnesses testifying in any Court of Inquiry have the same
rights as to testifying as do defendants in felony prosecutions in
this state. Before any witness is sworn to testify in any Court of
Inquiry, he shall be instructed by the judge that he is entitled to
counsel; that he cannot be forced to testify against himself; and
that such testimony may be taken down and used against him in a
later trial or trials ensuing from the instant Court of Inquiry.
Any witness or his counsel has the right to fully cross-examine any
of the witnesses whose testimony bears in any manner against him.
(b) If the Court of Inquiry pertains to the activities of a state
governmental entity or its officers or employees, the officers and
employees of that state governmental entity shall be indemnified
for attorney's fees incurred as a result of exercising the
employees' or officers' right to counsel under Subsection (a) if:
(1) the officer or employee is found not guilty after a trial or
appeal or the complaint, information, or indictment is dismissed
without a plea of guilty or nolo contendere being entered; and
(2) the judge commencing the Court of Inquiry, or the judge to whom
the Court of Inquiry was transferred pursuant to Article 52.01(e),
determines that the complaint, information, or indictment
presented against the person was dismissed because:
(A) the presentment was made on mistake, false information, or
other similar basis, indicating absence of probable cause to
believe, at the time of dismissal, the person committed the
offense; or
(B) the complaint, information, or indictment was void.
(c) The county in which the affidavit under Article 52.01 was filed
shall be responsible for any attorney's fees awarded under
Subsection (b).
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1967,
60th Leg., p. 1751, ch. 659, Sec. 37, eff. Aug. 28, 1967.
Amended by Acts 1995, 74th Leg., ch. 318, Sec. 66, eff. Sept. 1,
1995.
Art. 52.05. Witness must testify
A person may be compelled to give testimony or produce evidence when
legally called upon to do so at any Court of Inquiry; however, if
any person refuses or declines to testify or produce evidence on the
ground that it may incriminate him under laws of this state, then
the judge may, in his discretion, compel such person to testify or
produce evidence but the person shall not be prosecuted or
subjected to any penalty or forfeiture for, or on account of, any
transaction, matter or thing concerning which he may be compelled
to testify or produce evidence at such Court of Inquiry.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1967,
60th Leg., p. 1751, ch. 659, Sec. 38, eff. Aug. 28, 1967.
Art. 52.06. Contempt
Contempt of court in a Court of Inquiry may be punished by a fine not
exceeding One Hundred Dollars ($100.00) and any witness refusing to
testify may be attached and imprisoned until he does testify.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 52.07. Stenographic record; public hearing
All evidence taken at a Court of Inquiry shall be transcribed by the
court reporter and all proceedings shall be open to the public.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 52.08. Criminal prosecutions
If it appear from a Court of Inquiry or any testimony adduced
therein, that an offense has been committed, the Judge shall issue a
warrant for the arrest of the offender as if complaint had been made
and filed.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Art. 52.09. Costs and attorney's fees
(a) All costs incurred in conducting a Court of Inquiry, including
compensation of an attorney pro tem, shall be borne by the county in
which said Court of Inquiry is conducted; provided, however, that
where the Attorney General of Texas has submitted a request in
writing to the judge for the holding of such Court of Inquiry, then
and in that event the costs shall be borne by the State of Texas and
shall be taxed to the attorney general and paid in the same manner
and from the same funds as other court costs.
(b) Assistance by a county or district attorney to a Court of
Inquiry is a duty of the attorney's office, and the attorney may not
receive a fee for the service. A county is not liable for
attorney's fees claimed for assistance in a Court of Inquiry by any
attorney other than an attorney pro tem appointed under Article
52.01(d) of this code.
(c) An attorney pro tem appointed under Article 52.01(d) of this
code is entitled to compensation in the same manner as an attorney
pro tem appointed under Article 2.07 of this code. The district
judge shall set the compensation of the attorney pro tem based on
the sworn testimony of the attorney or other evidence that is given
in open court.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Amended by Acts 1967,
60th Leg., p. 1752, ch. 659, Sec. 39, eff. Aug. 28, 1967.
Amended by Acts 1987, 70th Leg., ch. 534, Sec. 1, eff. Sept. 1,
1987.
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