At the end of a Collin County commissioners meeting in May, County Judge Chris Hill held public speaker Joshua Allen Murray of Lavon in contempt of court after dismissing him from the speaking podium.

The next day, Murray was notified of a warrant for his arrest on a charge of disrupting a meeting or procession, a Class B misdemeanor. Now, Murray is fighting to have the warrant dismissed.

“Joshua Murray’s conduct was not only lawful, but it was also consummately American,” lawyer Kyle Therrian said.

Attorneys for Murray said Hill and constables used “strong-arm tactics of detaining and punishing a citizen for lawfully exercising his First Amendment rights” after Murray, who makes frequent appearances at the weekly meetings, criticized how county leadership had handled the March death of Marvin Scott III at the Collin County Jail.

After reading about the commissioners’ actions, reader Sharon Tavana said in an email that she was “surprised/shocked” that the court had the authority to hold someone in contempt.

“Does this body actually function as a court?” she wrote. “I guess I thought the judge title was just that.”

Despite the name, county commissioners courts in Texas do not function as judicial courts. “County judge” is the title given to the county’s chief administrator.

But under state law, a county judge may hold someone in contempt if the person is disrupting the order of the court.

The punishment is a fine of up to $25 or confinement in a county or city jail for up to 24 hours. The county judge has the authority to both hold someone in contempt and fine the person.

Hill said Tuesday that commissioners had found Murray in contempt of court but had not assessed a punishment. Instead, the county constable opted to issue the warrant after the meeting.

“Texas Local Government Code allows the Court to punish someone found in contempt of court with fines and jail time, but the Court did neither,” Hill wrote in an email. “Rather, we simply asked Mr. Murray to leave the courtroom and stop disrupting the meeting.”

Other duties

County judges and commissioners in Texas oversee funding and infrastructure. Commissioners are tasked with setting county budgets, appointing government officials and maintaining buildings, including jails. In Dallas County, the five-member court’s duties include setting the tax rate for the county and the Parkland Health & Hospital System.

“County judges are significant, especially in emergency situations,” Walter L. Buenger, chief historian for the Texas State Historical Association, told The Dallas Morning News last year. Readers had asked Curious Texas why a “judge” was responsible for managing a public health crisis such as the COVID-19 pandemic.

Commissioners courts date to 1841 and the Republic of Texas. Between 1841 and 1845, counties were run by the county board, which included the chief justice and justices of the peace.

The board, now known as the commissioners court, has changed several times since 1845 and was even eliminated for a time during Reconstruction following the Civil War.

In counties that are smaller or more rural, judges may preside over misdemeanor courts, manage the budget and run public schools.

Buenger said that despite the confusion, county judge is a common term in Southern states and probably here to stay.

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Staff writers Nic Garcia and Krista M. Torralva contributed to this report.