Cherokee County Court Records Search
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Cherokee County is located in East Texas with its county seat in Rusk. The county operates a multi-level court system that includes the 2nd Judicial District Court, the 369th District Court, a County Court at Law, four Justice of the Peace precincts, and eight municipal courts. Court records generated by these courts — ranging from felony case files and civil lawsuits to probate proceedings and family law orders — are maintained by two primary filing offices: the County Clerk (for county-level cases, probate, and misdemeanors) and the District Clerk (for district court civil, criminal, and family law cases).
Residents and other interested parties seeking court records in Texas have multiple options for conducting searches. Official clerk offices, courthouse public access terminals, and online tools provided by state and county agencies all offer pathways for locating case information. TexasStateCourts.us may be a useful starting point for identifying publicly accessible court case information and connecting with the right court offices across the state, including those serving Cherokee County.
How to Look Up a Court Case in Cherokee County?
Looking up a court case in Cherokee County requires identifying the correct filing office and choosing a search method — online, in person, or by mail.
Identifying the Right Office
Cherokee County has two separate clerks who manage court records:
- The County Clerk maintains records for the County Court at Law, including Class A and B misdemeanor criminal cases, civil litigation (amounts from $500 to $200,000), probate matters, and guardianships.
- The District Clerk maintains records for the 2nd Judicial District Court and the 369th District Court, including felony cases, district-level civil matters, and family law cases (divorce, custody, child support).
Cherokee County Clerk
Address: P.O. Box 420, 135 South Main Street, Rusk, TX 75785
Phone: (903) 683-2350
Fax: (903) 683-2457
Email: coclerk@cocherokee.org
Cherokee County District Clerk
Address: 135 South Main Street, 2nd Floor, Rusk, TX 75785
Phone: (903) 683-6908
Email: dcoffice@cocherokee.org
Office Hours: 8:00 a.m. to 12:00 p.m. and 1:00 p.m. to 4:00 p.m., Monday–Friday (excluding holidays)
Online Search Options
- re:SearchTX: This statewide platform, operated by the Texas Judicial Branch, allows users to find case information from all 254 Texas counties. A free subscription plan provides access to civil case records from district, county, and justice courts. Users can search by party name, case number, or attorney.
- Cherokee County Real Property Records: The County Clerk offers an online real property records search covering index and images from August 20, 1846, to the present. Searches can be conducted by name, document type, or date range.
- Texas DPS Conviction Database: For criminal conviction searches, the Texas Department of Public Safety provides a public conviction name search through its Computerized Criminal History System. Users must create an account. Each search credit costs $1.00, plus a 2.25% transaction fee.
In-Person and Mail Requests
Requesters visiting the courthouse should bring identifying information such as the case number, names of parties, and approximate filing dates. For mail requests, send a written request with supporting details to the appropriate clerk’s office at 135 South Main Street, Rusk, TX 75785. Include any required fees by check or money order.
Are Court Records Public in Cherokee County?
The Texas Public Information Act (Government Code Chapter 552) establishes that government records, including most court records, are presumed to be open to public access. Any member of the public may submit a request to inspect or obtain copies of court records maintained by Cherokee County offices.
However, the Act contains specific exceptions that limit access to certain sensitive categories. In Cherokee County, the following records are restricted or exempt from public disclosure:
- Juvenile court records
- Sealed court records, including records subject to orders of nondisclosure
- Adoption records
- Certain records from family court proceedings
- Crime victim records that could identify or endanger a victim
- Active arrest warrants (in some circumstances)
- Proprietary records and trade secrets
- Financial account information
Individuals seeking records that may be sealed can file a Petition for Order of Nondisclosure through the appropriate court to request their own records be shielded from public access, or conversely, can seek court orders to unseal records when legally authorized.
The Cherokee County Sheriff’s Office processes open records requests separately. Requests should be directed to the records department by email at records@cocherokee.org or by fax at (903) 683-2813 (Attention: Records).
Cherokee County Criminal Court Records
Criminal cases in Cherokee County are divided between the County Court at Law and the two district courts. Class A and B misdemeanor cases are filed with the County Clerk and heard in the County Court at Law. Felony cases are filed with the District Clerk and adjudicated in either the 2nd Judicial District Court or the 369th District Court.
Searching Criminal Case Records
Criminal case records can be searched through the County Clerk’s office (for misdemeanors) or the District Clerk’s office (for felonies). As of November 1, 2018, all filings — civil, criminal, and family law — must be e-filed to the District Clerk’s Office, which means many recent filings are available electronically.
The statewide re:SearchTX platform provides another avenue for searching criminal case records across Cherokee County courts.
Criminal History Through the Texas DPS
The Texas Department of Public Safety (DPS) Crime Records Division maintains the state’s official criminal history and conviction records. Two types of searches are available:
- Public conviction name search: Available through the DPS Conviction Database. Search credits cost $1.00 each, plus a 2.25% processing fee per credit and a $0.25 transaction fee. Users must register for an account.
- Fingerprint-based record checks: Available for individuals requesting their own records or for authorized entities conducting background checks.
Cherokee County Sheriff’s Office
The Sheriff’s Office handles arrest records and maintains a jail roster. The office also processes open records requests for law enforcement records.
Cherokee County Sheriff’s Office
Address: 272 Underwood Street, Rusk, TX 75785
Phone: (903) 683-2271
Records email: records@cocherokee.org
Records fax: (903) 683-2813
Victims and concerned individuals can check the custody status of an offender through VINELink.
Municipal Courts
Class C misdemeanors, traffic violations, and city ordinance violations are handled by Cherokee County’s municipal courts. The primary municipal courts include:
| Court | Address | Phone |
|---|---|---|
| Jacksonville Municipal Court | 307 E. Commerce St., Jacksonville, TX 75766 | (903) 586-7111 |
| Rusk Municipal Court | 197 S. Main St., Rusk, TX 75785 | (903) 683-2213 |
| Alto Municipal Court | 404 W. San Antonio St., Alto, TX 75925 | (936) 858-3336 |
| Bullard Municipal Court | 114 S. Phillips St., Bullard, TX 75757 | (903) 894-7263 |
Additional municipal courts operate in Cuney, New Summerfield, Reklaw, and Wells.
Cherokee County Civil Court Records
Civil cases in Cherokee County are split between two offices based on the court of jurisdiction. The County Court at Law hears civil matters where the amount in controversy exceeds $500 but does not exceed $200,000. These cases are filed with the County Clerk. Civil lawsuits exceeding $200,000 and condemnation proceedings are filed with the District Clerk and heard in district court.
County Clerk Civil Filing Fees
The County Clerk’s civil filing fee schedule, effective September 1, 2017, includes:
| Filing Type | Fee |
|---|---|
| Filing of civil case (includes up to 3 citations) | $242.00 |
| Service of citation (each defendant) | $95.00 |
| Cases transferred from other counties | $242.00 |
| Cases appealed from JP Court | $242.00 |
| Condemnation proceedings | $242.00 |
| Non-disclosures | $242.00 + $28.00 |
| Counter claims | $70.00 |
| Jury fee | $40.00 |
| Civil search per name | $5.00 |
| Issuance of abstract of judgment | $5.00 |
| Issuance of writ of execution | $5.00 |
| Service of writ of execution | $120.00 |
All costs must be paid at the time of filing. Contact the County Clerk at (903) 683-2350 for questions about fees or procedures.
District Clerk Civil Filing
District-level civil case filings cost $277.00. All civil filings to the District Clerk must be submitted electronically. The District Clerk’s current fee schedule outlines all applicable charges. Contact the District Clerk at (903) 683-6908 or dcoffice@cocherokee.org for filing requirements.
Justice of the Peace Courts
Small claims and minor civil disputes are heard in the four Justice of the Peace precincts:
| Precinct | Address | Phone |
|---|---|---|
| Precinct 1 | 135 S. Main St., Rusk, TX 75785 | (903) 683-9817 |
| Precinct 2 | 123 W. San Antonio, P.O. Box 553, Alto, TX 75925 | (936) 858-4732 |
| Precinct 3 | 207 S. Patton St., P.O. Box 333, Jacksonville, TX 75766 | (903) 586-9161 |
| Precinct 4 | 171 FM-235 East, P.O. Box 56, New Summerfield, TX 75780 | (903) 726-3413 |
Cherokee County Family Court Records
Family law matters in Cherokee County are handled by the County Court at Law, which exercises jurisdiction over divorce, child support enforcement, suits affecting the parent-child relationship, protective orders involving family violence, adoptions, and name changes. District-level family cases are filed with the District Clerk.
Accessing Family Court Records
Due to the sensitive nature of family proceedings, access to certain records is restricted. Requesters may need to present valid identification and, for some records, demonstrate a direct relationship to the case or parties involved. Adoption records and proceedings involving minors are typically sealed from public access under Texas law.
The District Clerk provides instructions for uncontested divorce filings for self-represented litigants. The Child Support Program operated by the Texas Attorney General’s Office is an additional resource for child support enforcement matters. Appeals from Cherokee County district courts are heard by the Twelfth Court of Appeals.
Marriage and Divorce Certificates
Marriage records in Cherokee County are maintained by the County Clerk’s Office. The Texas Department of State Health Services (DSHS) also issues verification letters for marriages and divorces recorded with the state. To request a marriage or divorce verification from DSHS, applicants must complete an application through DSHS Vital Statistics and pay a fee of $20 per record. Applications can be submitted online through the DSHS Official Vital Records Application or by mail. Access to these records is restricted to the individuals named on the record, their current or former spouses, children of the married party, or legal representatives.
Birth and Death Certificates
Birth and death records can be obtained from the Cherokee County Clerk or from DSHS. Local applications require a notarized Birth Certificate Application (or Death Certificate Application), a clear copy of a driver’s license or valid ID, and a fee of $25 per certified copy payable by check or money order to the Cherokee County Clerk.
DSHS also provides birth and death certificates through its Vital Statistics Unit. Applications to DSHS can be made online, by mail, or in person at authorized offices.
Cherokee County Probate Court Records
Probate jurisdiction in Cherokee County belongs to the County Court at Law, which handles the probate of wills, estate administration, guardianships, mental health cases, and related proceedings. All probate records are filed with and maintained by the County Clerk’s Office.
Probate Filing Fees
The County Clerk’s probate fee schedule, effective September 1, 2017, includes:
| Filing Type | Fee |
|---|---|
| Probate of will (includes posting citation) | $328.00 |
| Administration | $328.00 |
| Guardianship (including temporary) | $328.00 |
| Muniment of title | $328.00 |
| Application to declare heirship (without citation) | $258.00 |
| Application to sell minor’s property (without citation) | $258.00 |
| Small estate | $258.00 |
| Contest | $75.00 |
| Filing of claims | $10.00 |
| Jury fee | $40.00 |
| Issuance of letters testamentary, guardianship, or administration | $2.00 |
| Filing inventory and appraisement (after 90-day deadline) | $25.00 |
| Filing annual or final account of estate | $25.00 |
All out-of-county service fees and publication fees must be paid directly by the attorney. Contact the County Clerk at (903) 683-2350 for current fee information and to confirm requirements before filing.
Requesting Probate Records
To obtain copies of probate court records, contact the Cherokee County Clerk in person, by phone, or by mail:
Cherokee County Clerk
135 South Main Street
P.O. Box 420
Rusk, TX 75785
Phone: (903) 683-2350
Email: coclerk@cocherokee.org
The County Court at Law is located on the ground floor of the Cherokee County Courthouse. The court’s hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays. Judge Janice Stone presides, and the court administrator can be reached at (903) 683-6497.
Probate records are generally open to public inspection under the Texas Public Information Act, with the exception of sealed guardianship records involving minors and certain mental health proceedings where confidentiality protections apply. Requesters should provide the decedent’s name, approximate date of death, and case number if known to facilitate the search.