Located in the eastern part of Texas, Upshur County was created in 1846 and named after US Secretary of State Abel Upshur. Its 583 square miles of land area has a population of about 40,000. The county seat is Gilmer, while the largest city is Gladwater.
Courts in Upshur County
The court system in Upshur County comprises district, constitutional county, justice, and municipal courts. The Upshur County 115th District Court is the highest court in the county, and it handles cases beyond the jurisdiction of other county courts. It hears criminal, civil, probate, and domestic relations cases.
The Upshur County Constitutional Court hears some misdemeanors, juvenile cases, probate matters, and small claims civil cases under $10,000.
There are four Justice of Peace precincts in Upshur County: JP1, JP2, JP3, and JP4. These courts handle Class C misdemeanors, preliminary felony hearings, and civil cases with claims under $10,000. They also issue protective orders, marriage certificates, and arrest/search warrants.
Lastly, Upshur County municipal courts hear traffic offenses, municipal ordinance violations, and minor misdemeanor cases. The four municipal courts in Upshur County are in Ore City, Gilmer, East Mountain, and Big Sandy.
Where to Find Public Court Records in Upshur County
In Upshur County, public court records consist of warrants, court filings, writs, court proceedings, and judgments of the county's courts. The Upshur County District Clerk maintains all public court records from the District Court, while the Upshur County Clerk maintains those of the Justice and Constitutional County Courts. Clerks of municipal courts are also responsible for their public court records. Members of the public can visit any of the county's courts to view or request nonconfidential court records.
Types of Public Court Records in Upshur County
The availability of public court records in Upshur County allows the public to see the workings of the legal system and improves their trust in the judicial system. The following types of court records are available to the public in Upshur County unless sealed by court orders:
- Criminal Court Records: includes felony and misdemeanor cases
- Family Court Records: includes custody judgments, annulments, legal separation, divorce decrees, emancipation, and maintenance orders
- Civil Court Records: includes slander, personal injury cases, professional malpractices, trade secrets, product liabilities, breaches of contracts, libel, mortgage foreclosures, breach of fiduciary duty, and business torts
- Probate Court Records: includes documentation of estates, trusts, and wills
Confidential Court Records in Upshur County
Confidential court records in Upshur County are court records sealed by default under Texas law or by specific court orders. Court records are sealed for privacy or security reasons and can only be accessible to authorized persons or by court orders. The following are usually excluded from public court records in Texas:
- Proceedings for involuntary commitment for mental health evaluation
- HIV/AIDs test results and treatment records
- Most juvenile delinquency records
- Substance abuse treatment records
- Sexually transmitted disease (STD) test results and treatment records
- Adoption records
- Medical and mental health records
- Certain records of victims of domestic violence
- Certain records of victims of sexual assault
- Records sealed or expunged under state sealing and expungement laws
- Unprosecuted charges
Part or all of a court record in Upshur County may also be sealed if it contains sensitive information such as:
- Social Security number
- Driver’s license number
- Identifying information about confidential informants in criminal prosecutions
- Bank account details
- Intellectual proprietary
- Identifying information about jurors
- Individual or corporate tax records.
Juvenile Delinquency in Upshur, TX
Unfortunately, in many areas of the Upshur County, juvenile delinquency issues are on the rise. There are many reasons for the rise in youth offenders. The juvenile sentence in Texas often depends on the severity of the crime, the number of crimes, and other family matters.
In 2017, a total of 30 juvenile cases were reported for every 100,000 people age 10 to adulthood in the jurisdiction of Upshur County. Of that total, 100% of those proceedings were delinquencies which equaled 30 court cases. Another 0% were dependency cases that accounted for 0 of the juvenile cases.
A lot of counties, including, Upshur County, are focusing on family therapy and relationships rather than punishment for juvenile crimes. Future Upshur County juvenile delinquency numbers will show whether or not this approach is working.
| Juvenile Cases | Number of cases |
|---|---|
| Delinquency | 2,095 |
| Dependency | 0 |
| Status | 397 |
Government of Upshur County, TX
| County Seat: | Gilmer |
| Government Type: | County |
| Authority: | Dillon's Rule |
| Year Organized: | 1846 |
| Total Square Miles: | 593 |
| 2019 Population: | 41,281 |
| Persons/Square Mile: | 0.01 |
| County Contact: | PO BOX 730
County Courthouse Gilmer , TX 75644-0730 http://www.countyofupshur.com |