House bill to create new district court in Smith County becomes law

Published 4:04 pm Monday, June 21, 2021

Smith County District Attorney Jacob Putman testifies in favor of House Bill 3774 in front of the House of Representatives during the legislative session. A fifth district court will be coming to Smith County in just under two years after Gov. Greg Abbott recently signed the bill into law.

A fifth district court will be coming to Smith County in just under two years after Gov. Greg Abbott recently signed House Bill 3774 into law.

With Abbott’s signature, the 475th District Court in Smith County was created. This comes over 40 years after Smith County last added a district court in 1977, a time when the county population was at 100,000. The current population is about 230,000 people.



State Rep. Matt Schaefer, R-Tyler, who represents the majority of Smith County in the Texas House of Representatives, authored the legislation in the House after working with county officials about the need for another court.

“Courts exist to ensure justice for our citizens,” Schaefer said. “When the courts get overworked and cases stack up, our citizens expect their elected representatives to act. I am thankful that my request for a new district court for Smith County is close to becoming a reality. Now is the time for a new court, and I am grateful that the Commissioners Court supports this effort.”

Based on the text of the law, the court cannot begin operating until Jan. 1, 2023. Under existing state law, Abbott can appoint the new district judge initially, and that appointment would only be effective until the next general election in November 2024. At that time, Smith County residents will elect a succeeding judge for the position.

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Smith County Judge Nathaniel Moran and Smith County District Attorney Jacob Putman shared their support of HB 3774 in front of the House of Representatives during this year’s legislative session.

“This new district court is a step in the right direction in addressing the needs of Smith County’s growing population,” Putman said. “It will enable our prosecutors, judges and public servants to move cases more efficiently and effectively. We are grateful to Rep. Matt Schaefer and Sen. Bryan Hughes’ effort to make this court happen.”

State Sen. Bryan Hughes, R-Mineola, authored a companion bill to HB 3774 in the state Senate.

“It’s exciting to see the growth in Smith County, and that growth means we need more good judges to administer justice and maintain our great quality of life and growing economy,” Hughes said. “Judge (Nathaniel) Moran and the Commissioners Court let us know about the need for a new district court and I was honored to carry the bill through the Senate.”

Smith County has four district courts, including the 7th, 114th, 241st and 321st district courts. The 7th, 114th, 241st preside over civil and criminal felony cases, while the 321st District Court presides over family law cases.

According to the county’s statement regarding the bill’s passage, county officials believe the new district court will reduce the jail population of people charged with felonies and those currently awaiting trial. Currently, more than 600 Smith County Jail inmates are awaiting felony trials, and only district courts have the power to handle felony cases.

“I applaud the foresight of Judge Moran and the Commissioners Court in spearheading the request for approval of a new district court,” said 321st District Judge Robert Wilson, who serves as the local administrative judge for Smith County. “There is no question that the legal needs of Smith County have grown significantly as the population has increased. It’s been more than 40 years since a new court was added, so the creation of a new court is certainly warranted to help with the heavy dockets being handled by the existing judiciary. I know all of the judges of Smith County are supportive of this.”