Untitled Texas Attorney General Opinion ( 1970 )

1 ,
March 30, 1970
Mr’. Wiley L. Cheatham Opinion HO. hf- 603
District Attorney
24th Judicial District Re: Authority of a
Cuero, Texas 77954 Justice of the
Peace to hold court
Dear Mr. Cheatham: on Sunday.
By letter of recent date you have Inquired: “May a
Justice of the Peace accept a plea of guilty, render a judg-
ment, or execute other official duties on Sunday?’
In our opinion a Justice of the Peace may hold court on
Sunday for the purpose of trying criminal cases, and may on
Sunday enter judgment and sentence and collect fines in such
criminal cases.
Article V, Section 19, Constitution of the State of
Texas, relating to Justices of the Peace, includes the follow-
ing: “And they shall hold their courts at such times and
places as may be provided by law.” (Emphaeisd.)
In our opinion the applicable law, enacted pursuant to
the quoted constitutional provision, is found in Article
4.15, Texas Code of Criminal Procedure, enacted in 1965.
That article provides in the first sentence that “Justice
courts and corporation courts may sit at any time to try
criminal cases over which they have jurisdiction.” (E -
phasis added.) The remainder of the article relates tt the
rules of evidence to be followed where a fine may be assessed.
Before the 1965 revision of the Code of Criminal Procedure
the first sentence of the new Article 4.15, as quoted above,
comprised Article 63, Code of Criminal Procedure.
Relevant to this discussion is the provision in Article
2351, Vernon’s Civil Statutes, to the effect that the commis-
sioners court shall “fix the times and places of holding
justices court -”
In our opinion Article 2351 is controlling with regard
to the duty of the commissioners court to fix the place of
holding justices court and the time for holding justices
court for civil proceedings. We hold, however, that Article
4.15, a specific statute expressly directed to the trying of
criminal cases of a misdemeanor nature, is clear and unambig-
uous and constitutes express authority for the Justice of the
Pease to try such cases at any time, including Sunday.
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Mr. Wiley L Cheatham, page 2, (~-603)
You have cited Price v. State, 157 Grim. Rep. 625,
2:g7;.W.2d 167 (1952); Shearman v. State, 1 Crim. Rep. 215
; Brown v. State, 32 Grim. Rep. 119, 22 S.W. 596
for the holding that “the court has noauthority
to render a judgment on Sunday, and that a judument entered
of recorf on that day is not only erroneous; b;t is absolute-
See also in this connection blcKinney v. State 8
gxfliidp: 626 ,( 1880) ; Walker v s State, 1-33~) *
Powers v. State, 23 White & W. 42 5 S.W. 15~(C%t if Appeal;,
MU,‘); and Guerrera v. State, 125 S.W.2d 595, 596 (Court of
Criminal Appeals, 1939).
We are of the opinion that these cases ado not create a
conflict with our holding in this opinion, since each of
these cases dealt with a felony case in district court.
Their holdings are not directly applicable to misdemeanor
prosecutions in the Justice or Corporation Courts. Further-
more, the Price and Shearman cases, as well as the Guerrera
case, each- that a judgment could not be entered on
Sunday absent a permissive statute. It is in Article 4.15,
and before that in Article b3, that the Leaislature has nro-
vided by law, pursuant to Article V, Se&i& 19, Constitu-
tion of Texas, the requisite permissive statute where the
proceeding is a misdemeanor prosecution in a Justice Court.
SUMMARY
A Justice of the Peace may hold
court on Sunday for the purpose
of trying criminal cases, and may
on Sunday enter judgments and
sentences and collect fines in
such criminal cases pursuant to
Article 4.15, Texas Code of Criminal
Pr’ocedure e
Vedtruly yourgi,
6 RTIR
y General of Texas
Prepared by James S. Swearingen
Assistant Attorney General
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Mr. Wiley L. Cheatham, Page 3, (M-603)
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, ACting Co-Chairman
Charles R Parrett
Glenn Brown
Gordon Cass
Vinck Taylor
MEADEF. GRIFFIN
Staff Legal Assistant
ALFREDWALKER
Executive Assistant
NOLA WHITE
First Assistant
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