San Jacinto County Texas

JUDGE FRITZ FAULKNER
SAN JACINTO COUNTY COURT

Please do not attempt to discuss your case or issue with the Judge outside of the courtroom; he cannot discuss matters that are pending or that may come before him in court.

If you need an attorney but cannot afford one, you may ask the Judge to appoint one for you when you appear in court on your case.

Use your common sense and good manners in the courtroom. Please dress and act appropriately.

Representing Yourself

 In any Court proceeding a person may represent himself or herself, unless the Court specifically requires you to have an attorney.  People who represent themselves in court are called “pro se” or “self-represented” litigants. You have a right to represent yourself. However, a pro se may not represent others. Under Texas law, only a licensed attorney may represent the interests of third party individuals, or entities, including guardianship wards and probate estates.  See In re: Guetersloh, 326 sS.W.3d 737 (Tex. App.-Amarillo, 2010) and Steele v. McDonald, 202 S.W.3d 926 (Tex. App.-Waco, 2006), and the authorities cited in those opinions. Therefore, individuals applying for letters testamentary and letters of administration of the person or estate must be represented by a licensed attorney. The only time a pro se applicant may proceed in court is when truly representing only himself or herself.  You need not be a lawyer to serve as an executor, administrator or guardian, however, the executor, administrator or guardian must be represented by a lawyer. As an Executor, Administrator or Guardian you don’t represent only yourself, you represent the interests of beneficiaries, creditors and a Ward’s person and, or, estate. This responsibility to act for the benefit of another is known as a fiduciary relationship. It gives rise to certain legal obligations and responsibilities that require legal expertise. The attorney you hire represents you in your capacity as executor, administrator or guardian and assists you in representing those for whom you are responsible. . Although the Clerk may accept documents for e-filing, the Court will take no action on the documents unless there is an attorney of record in the case.

If you are a criminal defendant and cannot afford an attorney, you may request the court appoint an attorney to represent you. If you do not qualify for a court appointed attorney, or are involved in a civil case you may find help through these resources: texaslawhelp.org a website for low-income Texans with free information and family law, protective order, and other self-help legal forms; Texas Lawyers for Texas Veterans a new State Bar of Texas project helping low-income military veterans with legal issues; Lone Star Legal Aid which serves the Houston area and East Texas; Texas Legal a statewide, nonprofit legal benefit plan founded by the State Bar of Texas and the Texas State Legislature as an effort to better meet the legal needs of Texans. All of these agencies may be accessed through the internet by simply typing the name in the search bar.

 It is not the court’s duty to represent you nor instruct you on evidence, rules, or how to present and prove your case. If you are unprepared, unaware, or not knowledgeable as to presenting your case, you may lose your case.  Every effort will be made to accommodate pro se litigants (those representing themselves), however, the law is complex and the Court, the Court’s staff and the Clerk and Clerk’s staff cannot give you advice concerning legal matters, the Court may merely rule on matters that have been properly brought before the Court.  Many legal actions have consequences that are not immediately obvious, and what may appear to be simple today may impact you far in the future.

If you are representing yourself, you will be required to file statutorily sufficient pleadings and to provide the Court written orders that are consistent with the rulings of the Court.  Suggested forms are not provided by the Court but many resources are available including the public library and Texas Law Help (texaslawhelp.org).  Texas Law Help is a project of the Texas Access to Justice Commission and the Texas Equal Access to Justice Foundation, in partnership with participating legal aid organizations.

The Court discourages pro se litigation in probate and guardianship matters, you should seek legal counsel. 

HOW TO GET DOCUMENTS TO COURT: All documents and pleadings must be e-filed or filed with the County Clerk’s Office, and, any applicable fees paid at that time. All original wills must be filed with 3 days of e-filing in accordance with Rule 21, Texas Rules of Civil Procedure.

NEED MORE HELP? TRY THESE TWO RESOURCES

TEXASLAWHELP.ORG

FREE LEGAL INFORMATION AND COURT FORMS FOR SIMPLE CIVIL LEGAL PROBLEMS

LONE STAR LEGAL AID

Lone Star Legal Aid will have an attorney available at the Courthouse on the following dates. There is no charge for this service. If you have questions about your case or need legal advice, 9:00 AM to 12:00 PM:

LONE STAR LEGAL AID 2020 SCHEDULE FOR SAN JACINTO COUNTY

COURTROOM DRESS CODE

Appropriate attire is mandatory for any appearance in Court. Please follow the dress code listed below:

1.     Dress pants or nice jeans

2.     Shirt or blouse with collar

3.     Suit or sport coat

4.     Dress

5.     Tie, optional

Clothing NOT appropriate for court:

1.     Jeans with holes or tears

2.     Shorts (of any kind)

3.     Sweat pants

4.     Yoga pants

5.     T-shirts or sleeveless shirts

6.     Saggy, baggy pants

7.     Hoodies

8.     Flip flops

9.     Hats or caps

10.   Shirts with offensive writings, markings or symbols  

COURTROOM GENERAL RULES

1.     No photography or video recording

2.     No audio recording

3.     No unattended children

4.     No food or drink in courtroom

5.     All persons subject to search

6.     No weapons of any kind

7.     Rise when Judge enters courtroom,

        remain standing until bailiff announces "Be Seated", and

        rise when Judge exits courtroom

8.     Address the Court as "Judge" or "Your Honor"

9.     Do not approach the bench without Judge's permission

10.   Do not put your hands in your pockets while at the bench

11.   Appropriate attire is required. Please see dress code listed above.