Q Citizens of our town file affidavits for felonies and misdemeanors in justice court, rather than municipal court. The sheriff’s department or constable subsequently arrests the person. Is the town responsible for the costs of incarceration or transportation?

A No. The justice court assumed jurisdiction when the affidavit was filed in justice court, and the warrant was issued by justice court. It is noted that justice court has concurrent jurisdiction with the municipality over crimes committed in the municipality. Pursuant to the justice court warrant, the suspect was incarcerated in the county jail and would, therefore, be a county prisoner. As a county prisoner, the municipality is not responsible for housing or medical costs of the individual. (Attorney General’s Opinion to Winter, August 17, 2018)