Untitled Texas Attorney General Opinion ( 1958 )

Honorable Mahlon L. Walters, Opinion WW-450.
County Attorney,
Marion County, Re: Jurisdiction of the County
Jefferson, Texas Court of Marion County,
Dear Mr. Walters:
We have received your letter of May 22, in which
you request our opinion as to the jurisdiction of the County
Court of Marion County. The statutes you have cited in your
request concern legislative alteration of only the general
civil and the criminal jurisdiction of the County Court of
Marion County. Therefore, we shall limit this opinion to
these two areas.
Section 16 of Article V, Constitution of Texas,
establishes the general jurisdiction of county courts in
Texas. However, of equal stature is Section 22 of Article V,
Constitution of Texas, which reads as follows:
"The Legislature shall have power, by
local or general law, to increase, diminish or
change the civil and criminal jurisdiction of
County Cour?Z; and in cases of any such change
of jurisdiction, the Legislature shall also
conform the jurisdiction of the other courts to
such change." (Emphasis added)
It has long been the holding of our courts that
the Legislature, under authority of Section 22, may alter,
change or diminish the civil or criminal jurisdiction of
county courts.
11. . . The Legislature has the power to
increase, diminish, or change the appellate, as
well as the original, jurisdiction of county courts
in civil and criminal matters. . . ." Kubish et al.
v. State, 84 S.W.2d 480.
Honorable Mahlon L. Walters, Page 2 (WW-450).
1,
The plea would have been a good
one but for'tie'fact that the act of May 27, A.D.
1879 (Gen. Laws, 16th Leg., p. 68), changed the
jurisdiction of the County Court of Nacogdoches,
and those of other counties therein. . Authority
to oass this law is derived from sec. 26 of Art. V
of the Constitution, . . ," John Mora v. State,
9 Tex. App. 406.
"This case being a misdemeanor over which,
under the Constitution the county and justices'
court have concurrent jurisdiction, exclusive of the
district courts, the conviction cannot be sustained
unless jurisdiction had been conferred upon the
district court of Atascosa countv under Article 5.
section 22, of the Constitution." Chapman v. State,
16 Tex.' App. 76 (1884).
Also, see King v. State, 255 S.W.2d 879, wherein an Act of the
52nd Legislature removing the jurisdiction of the county court
of Eastland County, except to the receipt and entering of pleas
of guilty in misdemeanor eases, was upheld.
We must look to the Acts of the Legislature,to de-
termine if the jurisdiction of the County Court of Marion County
was increased, changed or diminished, pursuant to such consti-
tutional provision.
House Bill 513, Acts 25th Legislature, Regular Session,
1897, Chapter 26, page 38, reads in part as follows:
"Section 1. Be it enacted by the Legis-
lature of the Stat.e of Texas: That the County Court
of Marion County, Texas, shall have and exercise
the general jurisdiction of probate courts, shall
probate wills, appoint guardians of minors, idiots,
lunatics, persons non compos mentis, and common
drunkards, including the partition, settlement and
distribution of estates of deceased persons, and to
apprentice minors as prescribed by law, and to issue
all writs necessary to the enforcement of its juris-
diction, and to punish contempts under such provi-
,sions asare or ma?? be nrovided by general law govern-
ing County Courts throughout the State; but said
County Court shall have no other jurisdiction,
civil or criminal." (Emphasis added)
Honorable Mahlon L. Walters, Page 3 (WW-450).
Such statute also conforms the jurisdiction of the
District Court of said county to such change. By such Act, the
County Court retained jurisdiction over matters probate, to
issue certain writs, to punish contempts, and over certain other
specified matters, but the general civil and all criminal juris-
diction was divested from the County Court and reposed in the
District Court of Marion County, Texas.
Subsequent thereto, by Article 1970-322, Vernon's
Annotated Civil Statutes (Acts 1939, 46th Legislature, page 194),
the Legislature increased the County Court's jurisdiction as
follows:
"Section 1. In addition to the jurisdiction
heretofore conferred by law upon the County Court of
Marion County, Texas, and the County Judge of Marion
County, Texas, the said County Court shall have the
jurisdiction within Marion County of all criminal
matters and causes of misdemeanors over which the
District Court of Marion County, Texas, now has juris-
diction, and the jurisdiction of said Courts over such
matters shall be concurrent, provided that the juris-
diction of the District Court of Marion County, Texas,
shall be and remain as now fixed by law and in nowise
affected by this Act; and provided further, that the
jurisdiction hereby conferred upon the County Court
of Marion County, Texas, shall extend to and only to
those cases in which pleas of guilty are entered by the
defendant in any cases of misdemeanor filed in said
Court."
By,such Act, the County Court's Criminal jurisdiction
was extended to only those cases in which pleas of guilty are
entered by the defendant in any cases of misdemeanor in said
court, and such jurisdiction was concurrent with that of the
District Court of Marion County, Texas.
SuNequent thereto, by Article 1970-322a (Acts 1947,
50th Legislature, page 214), the Legislature increased the
county court's jurisdiction as follows:
"Section 1. In addition to the jurisdic-
tion heretofore conferred by law upon the County
Court of Marion County, Texas, and the County Judge
of Marion County, Texas, the said County Court shall
have exclusive jurisdiction within Marion County,
Texas, for all of the criminal matters of the grade
of misdemeanor over which the District Court of
Marion County, Texas, now has jurisdiction. . . .'
.- _
Honorable Mahlon L. Walters, Page 4 (W-450).
By such Act, the County Court's criminal jurisdiction
was extended to all criminal matters of the grade of misdemeanor
and such jurisdiction was exclusive.
The criminal jurisdiction of the County Court of Marion
County, Texas has been restored; but there is no Act of the Legis-
lature restoring the general civil jurisdiction of such court.
Therefore, in our opinion, the County Court of Marion
County has jurisdiction in matters probate, to issue certain writs
necessary to the enforcement of its jurisdiction and to punish
contempts in the same manner as other county courts of the State;
it also has exclusive jurisdiction within Marion County for all
criminal matters of the grade of misdemeanor. However, since the
general civil jurisdiction of the County Court of Marion County
was removed by the Legislature in 1897 and reposed in the District
Court of Marion County, until such time as the Legislature may
restore such jurisdictions, the County Court has no general civil
jurisdiction.
SUMMARY
The County Court of Marion County has had
its criminal jurisdiction restored, but
there is no Act of the Legislature-restor-
ing the general civil jurisdiction of this
Court which had previously been removed.
Yours very truly,
WILL WILSON
Attorney General of Texas
Byd$ikdfidA&
Tom I. McFarling
Assistant
TIM:pf
APPROVED:
OPINION COMMITTEE
Geo. P. Blackburn, Chairman
Morgan Nesbitt
J. Milton Richardson
J. Arthur Sandlin
Linward Shivers
REVIEWED FOR THE ATTORNEY GENERAL
By: W. V. Geppert