-
l . . The Attorney General of Texas November 9, 1981 MARK WHITE Attorney General Mr. Maurice S. Pipkin Opinion No. m-387 Supreme Court Building P. 0. BOX 12546 Executive Director Austin. TX. 70711 state commission on Re: Whether person appointed 512147i-2501 Judicial Conduct county court of law judge Telex 9101674-1367 211 Reagan Building pursuant to article 1970-341, Telecopier 5121475.0266 Austin, Texas 78711 section 6 must comply with requirements of elected judge 1607 Main St., Suite 1400 Dallas, TX. 75201 Dear Mr. Pipkin: 2141742-6944 You have asked whether a person who has not been actively engaged 4624 Alberta Ave., Suite 160 in the practice of law for a period of at least four years may be El Paso, TX. 79905 validly appointed judge of the County Court of Law in Hidalgo County. 915/533-3484 The County Court at Law of Hidalgo County was created in 1951. See Acts 1951, 52nd Leg., ch. 25, at 33; V.T.C.S. art. 1970-341. The 1220 Dallas Ave., Suite 202 Houston, TX. 77002 qualifications of the judge thereof are specified in section 6 of 713/650-0666 article 1970-341, V.T.C.S.. which states: Sec. 6. There shall be elected in Hidalgo 606 Broadway, Suite 312 County by the qualified voters thereof, at each Lubbock, TX. 79401 6061747-5236 general election, a Judge of the County Court at Law of Hidalgo County who shall be a regularly licensed attorney at law in this State, and who 4309 N. Tenth, Suite B shall be a resident citizen of Hidalgo County, and McAllen, TX. 76501 shall have been actively engaged in the practice 5121682.4547 of law in this State for a period of not less than four (4) years next preceding such general 200 Main Plaza, Suite 400 election, who shall hold his office for two (2) San Antonio, TX. 76205 wars and until his successor shall have been dulv 512/225-4191 elected and qualified. As soon as this Ac; becomes effective, the Commissioners Court of An Equal OppOriunitYl Hidalgo County shall appoint a Judge to the County Affirmative Action Emplow Court at Law of Hidalgo County, who shall hold this office as such Judge until the next general election and until his -successor is elected and qualified; any subsequent vacancies in the office of the Judge of the County Court at Law of Hidalgo County shall be filled by appointment of the Commissioners Court of Hidalgo County and when so filled, the said Judge shall hold his office until p. 1314 .. Mr. Maurice S. Pipkin - Page 2 (MW-387) the next general election and until his successor is elected and qualified. (Emphasis added). While the statute requires that persons elected to the office at each general election shall have practiced law actively for not less than four years immediately preceding their election, it does not expressly require that persons appointed to fill the post have practiced law for that length of time prior to their appointment. In our opinion, however, it does impose this requirement by reasonable and necessary implication. The title of the act creating the court stated it to be, inter m, "[a]* act creating the County Court at Law of Hidalgo County... and the election, qualification, appointment and removal of a judge thereof." The title gives no notice that the qualification of an appointed judge was meant to be different or less demanding than the qualification of an elected judge. On the contrary, it suggests affirmatively that the qualification requirements and the standards for removal apply to elected and appointed judges alike. In our opinion, a person who has not been actively engaged in the practice of law for a period of at least four years next preceding his appointment may not be validly appointed judge of the County Court at Law in Hidalgo County. -See Code Grim. Proc. art. 30.03. SUMMARY A person who has not been actively engaged in the practice of law for a period of at least four years next preceding his appointment may not be validly appointed judge of the County Court at Law in Hidalgo County. -MARK WHITE Attorney General of Texas JOHN W. FAINTER, JR. First Assistant Attorney General RICHARD E. GRAY III Executive Assistant Attorney General Prepared by Susan L. Garrison Assistant Attorney General p. 1315 Mr. Maurice S. Pipkin - Page 3 (Mw-387) APPROVED: OPINION COMMITTEE Susan L. Garrison, Chairman James M. Allison Jon Bible Rick Gilpin Jim Moellinger p. 1316
Document Info
Docket Number: MW-387
Judges: Mark White
Filed Date: 7/2/1981
Precedential Status: Precedential
Modified Date: 2/18/2017