Fort Worth, TX asked in Gov & Administrative Law and Municipal Law for Texas

Q: How can a municipal court use "the State of" as plaintiff?

A cop writes the complaint, but sworn to by a clerk, then cop (the complainant) is nowhere to be heard from again & you find yourself sparring w/judge only, at what should have been a jury trial, prosecutor says nothing. Through all our objections & asking where the plaintiff was, the judge ruled jury trial I guess. We couldn't hear him, which we did state on the record. Judge just moved on. Still not proving jurisdiction which we challenged before first appearance.

1 Lawyer Answer
John Michael Frick
John Michael Frick
  • Frisco, TX
  • Licensed in Texas

A: The violation is most likely a violation of a traffic law of the State of Texas. Therefore, it is correctly the State of Texas v you as the alleged violator.

The traffic officer who wrote the citation isn’t required to appear at pretrial proceedings. That would divert officers from doing their jobs to wasting time and taxpayer money sitting in court where their presence is utterly unnecessary.

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