Untitled Texas Attorney General Opinion ( 1985 )

0
The Attormy General of Texas
JIM MAllOX :mvember 4. 1985
Attorney General
9p~y~xmeCc.~Bulldln9 Honorable Hike Driwoll Ovinion No. SW373
Earrie County Attorney
A”& lx ?a711.2549
5121475.2Nl 1001 Preston, Suits 634 RIB: Authority of a county and/or
Telex 910/8711387 Houston. Texas 7'1002 district clerk to affix a judge’s
Telecopier 5W475Xf.W signature to a judgment in a
criminel case
714 Jackson, Suit4 700
Dall4r. TX. 752024506 Dear Mr. Driscoll:
214n42.9944
At the request of the District Clerk of Barris County, you have
asked the follovin;g questions:
4924 AIb8rt8 Am. Suite 10
El P840. TX. 799952793
915l- 1. ltaather the clerk of the county and
district courts or his deputies may effix by
facsimile signature #tamp the judge’s signature to
t Texas. Suite 700 judgmantg or orders in c.rim%nal cases?
IWXJS~C.~.TX. 77002.3111
713/223-5999
2. Pvgthar the clerk of the court may prepare
a judgme:lit in criminal cases and affix the judge’s
096 Bro8dwy. Suits 312 facslmil~n signature to the same without prior
Lubbock. TX. 794OlG479 review by the judge?
M&747.5239
You phrase your questions in terms of the powers of county and
4kW2 N. Tenth. Suite B district clerks, but the key to your questions lies in detcrminlng the
MCAhl. TX. 79501-1985 purpose and significance of a judge’s signature on judgments and
512m92-1547 orders in criminal cases.
200 M8ill PIU4. suite 4ca A judge signs a variety of orders in criminal cases. See Code
San Antonlo, TX. 79205.2797 Grim. Proc. art. 42.01 (defining a “judgment” as a -itten
512n254191 declaration of thl? court signed by the trial judge and entered of
record”). The purpose of a judge’8 signature m such instruments is
to show his knwled:pe and approval of the contents. See Bustillos V.
An Equal OppoftunitYl
Aftlrmallve Action EmPlOysr
State, 213 S.W.2d 837, 841 (Tex. Grim. App. 1948),uoting In re
sr’s Estate, LILO Cal. 387, 42 P. 815, 816 (1895). It is the
reeponsibility of the judge to read every judgment and order. See
Burrell v. Corneliut,, 570 S.W.2d 302. 304 (Tex. 1978). The sIgnat=
signifies that he lms done so.
In a 1929 cat%). the court of criminal appeals held that a justice
of the peace could, “sign” a search warrant with a facsimile stamp or
stencil. Stork v. --State. 23 S.U.2d 733 (Tu. Crim. App. 1929). The
court wrote:
p. 1707
,
i
Eonorable Mike Driscoll - PaSe 2 (JH-373)
[I]t would be a mater of no moment vhether
[the justice of tlrtr peace] so effixed seld name by
one stroke as by ,the use of a stencil or rubber
stamp, or vhether ‘he set down at a typevrlter lod
vrote his name rl,th(fameupon such documsot, or
thet he vrote it. out in what we commonly call
looghaod , provided that lo each such case the
facts must show t,h.e oame to have beeo affixed by
the officer hisself, or under his issaediate
authority and direction sod ii~ his preseoce. In
either event he has signed his oame to the docu-
meot . There is Inothing in our statute mskiog
requirement as to the manner or form of such
signsture. and we know of oo rule of reasoo which
would justify us in going beyond what the law
requires.
-Id. at 735.
The holding of Stork provides the answers to your questions. A
judge can use a facss stamp to “sign” a document. Id. See also
Paulus v. State, 633 S.W.Zd 827. 849 (Tex. Grim. App.1981)
jury foreman may use facsimile stamp on indictment); Brooks v. State,
599 S.W.2d 312, 322-323 (Tex. Grim. App. 1979) 7clerk may use
facsf.uile stamp oo certain certificates). Also, someone who is under
the immediate authority of ,aod lo the presence of the judge may, at
his discretion, affix tht: judge’s signature by facsimile stamp.
Stork, et 733. The placemcut of the judge’s signature on a document
by aoother person under such clrcumstaocee Is not an act of agent
because the other person acts as a mere iostrument or amanuensis. See
Mondragon v. Hondragoo. 257 S.W. 215. 216 (Tex. 1923). Thus, o=
under those limited circusstaoces can a judge “sign” a document by
directing another person to actually place a mark oo the document.
SUMMARY
A judge may “sign” a document by allowing
aoother person tc’ place a mark on a document that
constitutes the judge’s approval of the document
only if the othe:c person does so In the presence
of and under the direction of the judge.
J
Very truly y
A
JIM MATTOX
Attorney General of Texas
MAKYKELLER
Executive Assistant Attorney General
p. 1708
Xonorable Mike Driscoll - PIrIle 3 (a-373)
ROBBRTGRAY
Specie1 Assistaot Attorney Geoeral
UICK GILPIN,
Chairman. Opioioo Comittee
Prepared by Sarah Woelk
Assistant Attorney General
iPPROV?SD:
OPINIONCOIMI'lTEE
Rick Gilpin, Chairman
Colin Carl
Susao Garrison
Jim Moellinger
Jennifer Riggs
Nancy Sutton
Sarah Woelk
p. 1709