In Re: John Robert Rogers--Appeal from of County

In The

Court of Appeals

Sixth Appellate District of Texas at Texarkana

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No. 06-04-00058-CV

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IN RE: JOHN ROBERT ROGERS

Original Mandamus Proceeding

Before Morriss, C.J., Ross and Carter, JJ.

Memorandum Opinion by Justice Carter

MEMORANDUM OPINION

Relator, John Robert Rogers, contends Sandra King, the district clerk of Panola County, Texas, has refused to issue citation in Rogers' divorce suit against his wife. Rogers asks this Court to compel King to issue the citation and have Rogers' wife served through citation by publication.

This Court has jurisdiction to issue a writ of mandamus against a "judge of a district or county court in the court of appeals district." Tex. Gov't Code Ann. 22.221(b) (Vernon 2004). The Legislature has not conferred authority on this Court to issue a writ of mandamus generally, and we do not have the authority in the context of these allegations to issue a writ of mandamus against a district clerk. The Texas Constitution and Article 4.04 of the Texas Code of Criminal Procedure (both cited by Rogers in his petition) authorize only the Texas Court of Criminal Appeals to issue a writ of mandamus "in criminal law matters." Tex. Const. art. V, 5(c); Tex. Code Crim. Proc. Ann. art. 4.04, 1 (Vernon Supp. 2004). Those provisions do not authorize this Court to issue extraordinary writs.

We lack jurisdiction to grant the requested relief. Accordingly, we dismiss the original proceeding for want of jurisdiction.

Jack Carter

Justice

Date Submitted: May 10, 2004

Date Decided: May 11, 2004