Q&A with David Martin; incumbent running for Erath County Justice of the Peace, precinct 2

David Martin

Q. What are the main duties of the Justice of the Peace?

There are many duties assigned to the Justice of the Peace that touch on various areas of the law.

Statutorily, the Justice of the Peace has jurisdiction over Class C Misdemeanors Cases filed in their precinct as well as Small Claims civil disputes in which the damages are for $20,000 or less.

They also have jurisdiction over Eviction Proceedings in which the property in controversy lies within their Precinct, and as such may also hear disputes between landlords and tenants regarding the restoration of utilities and illegal lockouts where proper legal procedures have not been followed.

Additionally, they preside over different types of Administrative Hearings such as Tow Hearings, Dangerous Dog Hearings, as well as Hearings on Occupational Driver’s Licenses and Disposition of Stolen Property Hearings.

They also serve as Magistrates with duties such as reading inmates at the Jail their rights, the setting of Bail and Bond Conditions in accordance with Article 17.15, and granting Emergency Protective Orders to protect victims of assault such as family.

The Justice of the Peace serves as coroner in Erath County, and conducts Inquests, and they also may be called upon to sign different types of Warrants such as Search Warrants, Arrest Warrants, and Mental Health Warrants.

The Justice of the Peace may also serve as an officiate of weddings.

Q. What steps are you implementing/will you implement to carry out criminal cases in a timely manner?

We pride ourselves on having a active, up-to-date dockets.

Our Criminal docket currently has no cases outstanding prior to 2020. The goal of our office is to keep our cases moving in a timely fashion.

We begin by attempting to reach out to defendants upon the receipt of the court’s copy of their citation, letting them know that a case has been filed in our court.

We also monitor our email and reply promptly, as many defendants may not be local and we want to be able to meet those people where they are and provide assistance.  

Many times a defendant might be afraid to approach the court or just doesn’t know what to do, but our clerks strive to make contact, and open a friendly, respectful dialogue with the defendant.

While we cannot give legal advice, there are several options that could apply to a case, and we let defendants know that they exist, without steering their decision.

A lot of the time, the defendant just needs to be made aware of their options and many cases can be resolved by deferrals, or it could be that the defendant just wishes to pay their citation and needs a little help navigating paying online.

In the instance of a defendant who wishes to contest their case, we promptly turn the case over to the County prosecutor, and arrangements are made for pretrial meetings and scheduling trial.

Q. What one area in this office would you like to see improvement? 

While I think we have a wonderful team, and that our office operates efficiently and smoothly and provides the public with excellent service, without the opportunity for growth, we stagnate.

I think in the coming term, I’d like to focus on prioritizing further education for myself and my staff.

There are a lot of resources out there from the Texas Justice Court Training Center, OCA, DPS, and opportunities to attend workshops and conferences.

I’d like us to attend as many as we can.

Q. What are your thoughts on the importance of bond conditions?

Bond conditions are an important tool in a Magistrate’s tool-kit.

There is a duty to protect victims from being retaliated against or further harmed by their abusers, especially vulnerable victims like children, the disabled and elderly, and those in domestic violence situations.

We need to keep those people safe, by enforcing some distance while the Defendant’s case moves through the justice system. 

There is also a duty to protect the public.

Driving while intoxicated can result in heartbreaking consequences that can’t be taken back. In the case of some alcohol related offences, it is prudent to implement conditions to release like an Interlock Ignition System preventing further instances of drunk driving while the case moves through the system.

We owe it to our community to try to keep our roadways safer to travel.

Bond conditions can also include opportunities to seek understanding and effect change in the defendants themselves through things like attending an Alcohol Awareness Classes, AA meetings, and reporting to the Pretrial Officer.

Sometimes this can serve as the bridge to seeking help for addiction, and turn a tough situation onto a better one for everyone involved.

Q. What educational and career experience in your background makes you the most qualified candidate for this position?

I was born and raised in Erath County, and I attended Stephenville High School as well as Tarleton. 

I have been in Precinct 2 for over 40 years, and in that time I was fortunate to really get to know the area and the people in it, and what they expect in a leader of the community. My roots run deep here.

I have been a devoted Public Servant for decades.

I served the State of Texas as a Field Inspector and Supervisor for the Texas Animal Health Commission, and retired after 25 years of service.

In all those years with TAHC, I learned the importance of keeping up on updates regarding laws and rules, and also how to apply those laws fairly.

I had to make some tough calls and hard decisions, and I also learned how to help folks work towards solutions.

Of course, I also have the honor of presently serving as your Justice of the Peace in Precinct 2, which has given me valuable hands-on experience and knowledge of what this role requires.

In that time, I have conducted over 75 Inquests and presided over 475 civil cases and almost 800 criminal cases filed in the Precinct 2 Justice Court.

I have also earned over 162 credit hours in the past 3 years from the Texas Justice Court Training Center, and I constantly seek out additional educational opportunities as I believe you can never stop learning when it comes to doing this job.

People depend on you being up-to-date, and taking the time to really know the law.

I also have had the pleasure of presiding over 65 weddings, and it’s a joy to be able to provide that service for our community.