Unreported / Non-Citable
Background
Shawn McGee filed a petition for a writ of mandamus on October 2, 2026, seeking relief directed against a county clerk. The matter came before the Texas Tenth Court of Appeals as an original proceeding.
Texas law does not generally authorize a court of appeals to issue mandamus relief against a county clerk. Such relief is available only when it is necessary to enforce the appellate court’s jurisdiction.
The Court’s Holding
The court dismissed McGee’s mandamus petition for want of jurisdiction. It held that, under Texas Government Code section 22.221(a) and (b), the court lacked authority to issue a writ of mandamus against the county clerk unless doing so was necessary to enforce its own jurisdiction.
McGee did not show that the requested writ was necessary to enforce the court’s jurisdiction. The court therefore dismissed the petition rather than reaching the merits of the requested relief.
Key Takeaways
- A Texas court of appeals generally lacks mandamus jurisdiction over a county clerk.
- An appellate court may issue such a writ when necessary to enforce its jurisdiction.
- A relator must demonstrate that the requested writ falls within that jurisdictional exception.
Why It Matters
The decision underscores that mandamus jurisdiction depends not only on the relief requested but also on the identity of the official against whom relief is sought. Litigants seeking mandamus against a county clerk in a Texas intermediate appellate court must connect the requested relief to the protection or enforcement of that court’s jurisdiction.