Untitled Texas Attorney General Opinion ( 1981 )


Menu:
  •    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