State Sen. Jane Nelson, R-Flower Mound, filed legislation Monday to create another district court in Denton County.

Jane Nelson

The bill was among more than a dozen Nelson filed during the first day of prefiling for the Texas Legislature’s 81st regular session, which begins in January. Other bills tackle issues affecting children, seniors and the disabled, as well as health care and the economy.

Nelson co-authored SB 88 with Sen. Chris Harris, R-Arlington, in response to an independent, statewide study of Texas courts and their caseloads.

The National Center for State Courts published its findings in June, showing that among the state’s most populous counties, Harris, Bexar, Collin and Denton needed more judges.

Weighted calculations showed Denton County needed the equivalent of 1.6 judges; Collin County, 2.4; Bexar County, 6.7: and Harris County, 27.

Nelson was out of state and could not be reached for comment, said her assistant Dave Nelson. Nelson, who is not related to the senator, said that, so far, there was no House sponsor for the bill.

If SB 88 bill becomes law, a new district court in Denton could open as soon as Sept. 1, 2009.

Whether a new judge begins hearing cases that day depends on other factors, Dave Nelson said.

“There is a lot of groundwork that has to be done to establish the court,” he said.

Denton 362nd District Court Judge Bruce McFarling said much would depend on how quickly the governor could ap­point a judge to the court.

“If they appoint somebody prior to the [effective] date, they could be there when it starts,” McFarling said.

Mary Horn

County Judge Mary Horn was skeptical that Denton County would see a new court so soon. Although this would the first time for a court to be created in Denton County since she became county judge, she has been gathering information on the process.

Denton County’s needs would likely be rolled into an omnibus bill that considers the need for more courts and judges in other counties in the state, she said.

“Basically, what Sen. Nelson did with the district court bill is get Denton County’s name in the hopper,” Horn said. “But there’s a whole lot of justification that has to go into it.”

The possibility that Denton could get a seventh district court came to light last spring when several judges and lawyers went before the Commissioners Court to caution about remodeling plans for the courthouse.

McFarling and others were concerned that when the remodeling was finished, Denton County would end up one court short.

In an interview Monday, Horn reiterated her concern from last spring that establishing another court could cost the county as much as a million dollars per year, since the state pays only the judges’ salaries. Comparing Denton County’s court makeup to Collin Coun­ty’s, she pointed to the possibility that Denton County may be able to upgrade one of the county’s courts-of-law to a district court instead.

McFarling said the population growth and increasing caseloads warranted a new court.

“With more people comes more work,” McFarling said.

PEGGY HEINKEL-WOLFE can be reached at 940-566-6881. Her e-mail address is pheinkel-wolfe@dentonrc.com .