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Why are county judges calling the shots during a public health emergency? Curious Texas explains

Several readers wanted to know why Dallas County Judge Clay Jenkins was calling the shots.

If Dallas County Judge Clay Jenkins wasn’t a household name already, his near-daily news conferences and orders to fight the spread of the coronavirus have made him one in North Texas.

Yet, several readers of The Dallas Morning News asked us why a “judge” is responsible for managing a public health crisis.

The short answer is that Jenkins isn’t a judge in the traditional sense. “County judge” is the title given to the county’s chief administrator — the top executive.

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The long answer dates back to 1841 when Texas was its own country. Between 1841 and 1845, counties were run by the county board, which included the chief justice and justices of the peace.

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Since 1845, the composition of the county board — now known as the commissioners court — has changed several times. At one point, during the reconstruction era, the position was even eliminated.

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To this day, the job description of county judge varies from county to county, usually based on size. The smaller the county, the broader the responsibilities. However, in all counties, the judge serves as the presiding officer of the commissioners court and leads emergency management, such as fighting the coronavirus pandemic. In Dallas County, the five-member court’s duties include setting the tax rate for the county and Parkland Health & Hospital System.

“County judges are significant, especially in emergency situations," said Walter L. Buenger, chief historian for the Texas State Historical Association. Buenger is intimately familiar with the duties of the county judge. His father was the county judge in Pecos. “If there is a disaster, like a flood, as far back as I can remember, emergency situations have been handled by the county.”

In smaller counties, the judge may preside over misdemeanor courts, manage the budget and run the schools.

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“We call them county judges because until places like Dallas got so big, they were judges,” he said.

Despite the confusion to newcomers who aren’t familiar with the nuance of Texas civics, there’s been little chatter about renaming the position of county judge, Buenger said.

“This is a common term in a southern state,” he said. “Most people who grew up in Texas understand the term.”

CORRECTION at 10 a.m. Dec. 31, 2020. An earlier version of this story incorrectly identified Dallas County’s public hospital system. This has been updated to clarify that the Dallas County Commissioner’s Court sets the tax rate for Parkland Health & Hospital System.

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