Untitled Texas Attorney General Opinion ( 1982 )

The Attorney General of Texas
December 22, 1982
MARK WHITE
Attorney General
Honorable G. Dwayne Pruitt Opinion NO. ~~-542
Supreme Court Building Terry County Attorney
P. 0. Box 12546
Austin, TX. 76711. 2546
Terry County Courthouse lb?: Whether one probation
5121475-2501 Brownfield, Texas 79316 office may serve two judicial
Telex 910/674~1367 districts located in different
Telecopier 5121475.0266 counties
Dear Mr. Prultt:
1607 Main St., Suite 1400
Dallas, TX. 75201-4709
2141742-6944 You have requested our opinion as to whether one joint probation
office may serve,two judicial districts in different counties. Your
question concerns the legality of the situation which has existed in
4624 Alberta Ave., Suite 160
El Paso, TX. 79905.2793
Terry, Yoakum, Hockley, and Cochran counties since apportionment
9151533.3464 legislation became effective on April 8, 1981. Article 199, V.T.C.S.,
9121 (121st Judicial District), §3.112 (286th Judicial District). All
four counties had previously comprised only one judicial district and
1220 Dallas Ave., Suite 202
one probation office served all four counties. Under the new
Houston. TX. 77002.6966
7131650-0666
apportionment, Terry and Yoakum counties comprise the new 121st
Judicial District, while Cochran and Hockley counties comprise the new
286th Judicial District.
806 Broadway. Suite 312
Lubbock, TX. 79401-3479 Subsequent to the effective date of the apportionment
8061747-5238
legislation, the judges of the new 121st Judicial District and the new
286th Judicial District acted to continue the probation department
4309 N. Tenth, Suite B under the same administrative structure. However, the same probation
McAllen, TX. 76501.1665 personnel are now employed by both judicial districts. The new
5121662-4547 probation office is known as the 121st and 286th Judicial Districts
Probation Department. According to the Executive Director of the
200 Main Plaza. Suite 400 Texas Adult Probation Commission, this probation department has fully
San Antonio, TX. 76205.2797 met the standards set by the commission for a probation officer for
5121225-4191 each district, and this method, in fact, appears to be the most
efficient, cost-effective method of providing adequate probation
An Equal Opportunity/
services to these four counties.
Affirmative Action Employer
Section 10 of article 42.12 of the Code of Criminal Procedure
provides:
For the purpose of providing adequate probation
SfZViCeS. the district judge or district judges
trying criminal cases in each judicial district in
this state shall establish a probation office and
p. 1966
Honorable G. Dwayne Pruitt - Page 2 (MW-542)
employ, in accordance with standards set by the
commission, district personnel as may be necessary
to conduct presentence investigations, supervise
and rehabilitate probationers, and enforce the
terms and conditions of misdemeanor and felony
probation. If two or more judicial districts
serve a county, or a district has more than one
county, one district probation department shall
serve all courts and counties in the districts.
This provision clearly indicates that the legislature contemplated the
establishment of one probation office "in each judicial district."
Where the language of a statute is plain and unambiguous, it
ordinarily will be literally construed. Trimmier v. Carlton, 264 S.W.
253, 258 (Tex. Civ. App. - Austin 1924), aff'd on other grounds, 296
S.W. 1070 (Tex. 1927); Brasos River Authority v. Graham, 354 S.W.Zd
99, 109 (Tex. 1961).
Furthermore, section 10 itself creates two exceptions: a single
district probation office is permitted (1) in a multi-district county
(two or more judicial districts in a county; and (2) a multi-county
district (a district includes more than one county). The statute does
not authorize a single probation office for the situation you
describe: a multi-county, multi-district area. Where a statute
contains one or more specific exceptions, the usual implication is
that no other exceptions are applicable, and that the statute should
apply in all cases not excepted. State v. Richards, 301 S.W.Zd 597,
600 (Tex. 1957); Federal Crude Oil Company v. Yount-Lee Oil Company,
52 S.W.Zd 56, 60 (Tex. 1932).
SUMMARY
A joint probation office for the 121st and
286th Judicial Districts is not authorized by
statute, and is. hence, impermissible. Each
district is required to establish and maintain its
own distinct probation office.
Very truly yours, L-l
MARK WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
p. 1967
Honorable G. Dwayne Pruitt - Page 3 (MW-542)
RICHARD E. GRAY III
Executive Assistant Attorney General
Prepared by Rick Gilpin
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Susan L. Garrison, Chairman
Jon Bible
Rick Gilpin
Patricia Hinojosa
Jim Moellinger
Bruce Youngblood
p. 1968