Untitled Texas Attorney General Opinion ( 1962 )

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November 13, 1962
Honorable Jules Damiani, Jr. Opinion No. WW-1471
Criminal District Attorney
Court House Re: Whether the Judge of the
Galveston, Texas Court of Domestic Relations
of Galveston County has the
authority to act as Judge of
a District Court of said
County in cases pending in
said district court of which
said Court of Domestic Rela-
tions has concurrent juris-
Dear Mr. Damiani: diction.
From your letter requesting an opinion of this office,
we quote the following:
II
. . .
"After the Court of Domestic Relations became
effective, the DIstrictCourts of Galveston County,
by agreement, transferred to said Court all divorce
cases in which the custody, visitation and support
of minor children was involved and retained in their
own courts all divorce cases in which no minor chlld-
ren were involved.
"Likewise, all divorce cases filed since that
time in which minor children are involved have been
filed In the Court of Domestic Relations and all
other divorce cases are filed in the District Courts.
As a practical matter, there are times when a dlv-
orce case in which no minor children are involved may
be filed in one of the District Courts, and immediate
orders are needed and none of the District Judges
are available, but the Judge of the Domestic Relations
Court is available.
"Will you please give us your official opinion
as to whether or not, under the present law, the
Judge of the Court of Domestic Relations of Galveston
County has the right and authority to act as Judge
Hon. Jules Damiani, Jr., page 2 (WW-1471)
of a District Court of said county in a divorce
case or other case pending in said District Court
of which said Court of Domestic Relations has con-
current jurisdiction."
By the provisions of Article 5, Section 1 of the
Constitution of the State of Texas, "The Legislature may es-
tablish such other courts as it may deem necessary and pre-
scribe the jurisdiction and organization thereof, and may
conform the jurisdiction of the district and other inferior
courts thereto."
Under this grant of power, the 57th Legislature in
the Third Called Session enacted Senate Bill 101, now codified
as Article 2338-16, Vernon's Civil Statutes, which created the
Court of Domestic Relations for Galveston County.
Section 10 of Article 2338-16, supra, reads in part
as follows:
"Sec. 10. All cases, applications, complaints
and all other matters over which the Court of Domestic
Relations is herein given jurisdiction may be trans-
ferred to or instituted in said Court; said Court and
the Judge thereof may transfer any such cases, com-
plaints, or other matters to any District Court of
Galveston County having jurisdiction thereof under
the laws of the State of Texas, with the consent of
the Judge of such Court, and the Judge of such Dis-
trict Court may try all such cases, complaints, or
other matters which may be so transferred.
of a District Court of Galveston County may *
discretion preside as Judge of the Juvenile Court and
the Court of Domestic Relations and hear and determine
all such cases, complaints, or other matters over which
the Judge of such District Courts has jurisdiction under
the laws of the State of Texas, with the same authority
to act as Presiding Judge over all such cases, complaints,
or other matters for all purposes, and to the same ex-
tent as the Judge of the Court of Domestic Relations
and such Judge of a District Court of Galveston County,
Texas, may sit in his own court room the Juvenile
Court Room, the court room of any other District Court
within the county, or the Court of Domestic Relations
and hear and determine any case, complaint, or matter
ending in th Court of Domestic Relations, . . ."
Emphasis addgd)
Hon. Jules Damiani, Jr., page 3 (ww-1471)
By this Section it is specifically provided that any
Judge of a District Court of Galveston County may preside as
Judge of the Court of Domestic Relations and hear and determine
any case, complaint, or matter pending In said Court. This
Section is absent of any such authority being granted the Judge
of the Court of Domestic Relations. Further examination of
the other sections of Article 2338-16, supra, fails to dis-
close any such grant of authority.
From time to time the Legislature, in its wisdom has
created Courts of Domestic Relations in other counties of this
State. One of these statutes, Article 2338- 9, Section 9, Ver-
non's Civil Statutes, provides:
"Sec. 9. Immediately after this Act takes
effect, all divorce cases now pending in the Dis-
trict Courts of Dallas County shall be transferred
to the Court of Domestic Relations court created
by this Act. Thereafter, the Judges of the Dis-
trict Courts or of the Juvenile Court of Dallas
County may transfer any case, within the juris-
diction of the Court of Domestic Relations created
by this Act, to said Court of Domestic Relations,
and the Judge of the Court of Domestic Relations
may transfer any case pending in said court, with
the consent of the Judge, to any other District
Court or the Juvenile Court of Dallas County. Said
Court of DomesticRelations may also sit for any
of the District Courts of Dallas County or the Juve-
nile Court and hear and decide for such courts any
case coming within the jurisdiction of the Court of
Domestic Relations created by this Act. All Dis-
trict Courts of Dallas County, may likewise sit for,
hear and decide cases pending in said Court of Dc-
mestic Relations, as the sitting for, hearing and
deciding of cases is now or may hereafter be author-
ized by law for all District Courts of Dallas County."
IEmphasis added)
From the language of the above Section, it can be seen
that the Judge of the Court of Domestic Relations for Dallas
County may sit for any District Court of Dallas County, and hear
and determine any case coming within the .jurisdictionof the Court
of Domestic Relations. No such provision is found in Article 2338-
16, supra.
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Hon. Jules Damiani, page 4 (WW-1471)
Under Article 2338-16, supra, the Legislature has not
deemed it necessarv to arant authoritv to the Judge of the Court
of Domestic Relations to sit or preside for a District Court,
We therefore are of the opinion that In absence of such grant,
of aut'nority,the Judge of the Court of Domestic Relations can-
not act as Judge of a District Court.
SUMMARY
Under the provisions of Article 2338-16, Ver-
non's Civil Statutes, the Judge of the Court of
Domestic Relations for Galveston County has no
authority to act as Judge of a District Court of
said County in cases pending in said District Court
of which said Court of Domestic Relations has
concurrent jurisdiction.
Sincerely,
WILL WILSON
0LB:mkh
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Charles Lind
Cecil Rotsch
Ernest Fortenberry
REVIEWED FOR THE ATTORNEY GENERAL
BY: Leonard Passmore