CHAPTER 52. COURT OF INQUIRY - Texas Statutes

CODE OF CRIMINAL PROCEDURE

TITLE 1. 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.