Every year I have to remind the public about our judicial system.
And every year, lawyers mistakenly believe that certain lawsuits above a certain amount must be filed with 40th District Court Gene Knize‘s office.
That is a myth.
Because of concurrent jurisdiction, our two county court at law venues have just as much Constitutional weight to hear lawsuits of large amounts as Knize’s court. This is a good, good set up, because people who like the “safety” feeling of having their cases heard before good listeners (judges Gene Calvert and Greg Wilhelm) and good judges won’t have to worry about the Bully on the Bench.
Same goes for CPS cases. Those are heard in court at law, not the 40th District. (honestly, do you trust Knize handling custody hearings?)
So, why the distinction between the court at law jurisdiction and the 40th District? One former judge in Ellis County told me that Knize created an administrative “rule” to have certain lawsuits go through his court.
Administrative “rules” and “laws” are not binding like a statute or the Constitution. They are merely laws by fiat.
So, let your clients, lawyers and the press know that there is nothing set in stone that says a lawsuit must be filed with the 40th District Court.