Untitled Texas Attorney General Opinion ( 1963 )

June 27, 1963 Honorable John Connally Opinion No. C- 103 Governor of Texas Austin, Texas Re: Residency requirementsof Judicial Officers of the Twelfth and Thirteenth Dear Governor Connally: Supreme Judicial District. This Is to acknowledgereceipt of your opinion request dated June 24, 1963, from which we quote: "House Bill 68, Chapter 198, Acts of the Fifty-, Eighth Legislature creates two new Courts of Civil Appeals effective September 1, 1963, to be located\ at Tyler and Corpus Christl. Sections 4 and 5 of the Bill provide that the Governor shall appoint the chief justice and two associate justices for each district 'who shall reside in the territorial limits of the [$irticular Supreme Judicial Mstricg and who shall possess the qualificationsnow re- quired by law.’ "Will you please advise me what constitutes com- pliance with the residencerequirement for these judicial offices? Does the appointee have to be a resident of the district at the time of appointment; and, If so, Is any'particular length of residency required?" The language of Sections 4 and 5 of House Bill 68, Chapter 198, Acts of the 58th Legislature,Regular Session, 1963, read In part as follows: "Sec. 4. On or before September 1, 1963, the Governor shall by and with the consent of the Senate, If in session, appoint one chief and two (2) associate justices for the Twelfth Supreme Judicial District, who shall each reside In the territorial limits of the - 'TwelfthSupreme fudicial District, and who shall possess -508- Governor John Connally, page 2 (C-103 ) the qualificationsnow required by law, who shall cons- titute the Court of Civil Appeals within and for the Twelfth Supreme Judicial District,. . ."(Emphasis added). "Sec. 5. On or before September 1, 1963, the Governor shall by and with the consent of the Senate, if in session.annoint one chief and two (2) associate justices for the-jChlrteenth Supreme JudlciaiDistrict, who shall each reside In the territoriallimits of the 'Phlrteenth Supreme JiidiclalMstrlct, and who shall possess the qualificationsnow required by law, who shall constitutethe Court of Civil Appeals within and fzr the Thirteenth Supreme Judicial District, . . . (Emphasisadded). The appointeesare thus required to be residentsof the district at the time of their qualificationfor office. There are no constitu-. tional or statutory provisions which would require a person to be a residentof the district prior to his appointment. You are therefore'~advisedthat a person would not have to reside In the territorial limits of the Twelfth Supreme Judicial Dlstrlct~or the Thirteenth Supreme Judicial Districtat the time .of his appointment,but must reside therein at the time of his qualifyingfor the office. Residencyat the time of qualificationfor office Is a question of fact dependent upon the physical locationof the lndl- vldual coupled with his acts and intentions. Attorney General's Opinion NO. w-3382 (1941). SUMMARY Judicial officers for the Twelfth and Thirteenth Supreme Judicial Matrlcts ap ointed by the Governor under the terms of Chapter 198 , Acts of the 58th Legis- lature, Regular Session, 1963, must reside within their respectivedistrict at the time of their qualification for office, but do not have to reside therein at the time of the appointment. Yours very truly, WAGGOWER CARR General JR:mkh P Governor John Connally, page 3 (C- 103 ) APPROVED: OPINION CONNIm W. V. Geppert, Chairman John Reeves Ben Harrison J. S. Bracewell Howard Fender REVI%WEDFORTREAT!CORNEYGENERAL By: Stanton Stone -510-