Untitled Texas Attorney General Opinion ( 1947 )

R-481
Hen; SamB, Ball
County Attorney
H&rrison Cbunty
Marshall, Texas
-In 18SS the County Commiaaionerat
Court of HarrlcsonCounty.,Texea, passed
an order fixing the terms of hp&dI.ng
eountr sourt fa thir ocEuatypr'971tbkbw
that auoh tars8 might be held begiting
on the firat Mondays in Jamary, March,
May, July, September, November and ex-
tendiag sight weeks froa eueB dates,. No
other brd:ersiace 16199meeee``$ol&am
been paaasd by suoh court uatI.1~
rester-
day5 Xay 12, 1947, the ~;````Isei.onerer'
Court paaea~ an order on the aubjeot$,a
OOpJrsr wiiieb$8 atteshrd har.toa
*Reoeatly plmr Qf guilty w%m as-
cepted hy i&o Cmmty Judge and peaaltiss
assers04~ one @a April lo,,1941 and the
other oztA@l 26$ $?47r Yotiens for new
trial were filed iraataL of these 08888
aad grasted by the court on other grounds,
but ia srah ease the attorney reprsuntr
ing the dsfandant arrez%ad that the oow
viationn w~r(l*ull aad veld beruse tk@re
vati a~ term or aourt uakdor thr law at the
tiniesof tb6 ourt accepting tha plea*.,
He somad not, fse that he would oontlnoleto
raise the peiat until the iasm WBS $quare-
ly jbiglsd,a@ ‘ISthemtare nqusst ths op-
IAiOb ab 3 &wprxtmmt a@ tiewhotko~ the
ple$# at 3 1%~ mertiorur~d rbwa wore lyal.
In ether mrdl+ ths &tommy wys that ua-
id.1the Grm&rki.anarr~ Qovrrt permd a aiew
rrdor, HQT!C&W~Oeubty way .ahdOSthe gOa@P
a1 piwvi*``onr 8tatuter RB ,Cal;rtLtu-
Of the
tiob# a# that Ramiron Ccuatg court *a#
Don, Sam B, Hall - Page 2
only in legal term time for three weeks be-
ginning on the first Monday in February,
May, August and November. He further says
he has doubt as to whether the present Com-
missioners' Court oan do anything to reotlfy
the situationuntil additionalLegislative
provision ie made ror Harrison County.
”
* D * .
"By Virtue 61 Article 5, Se&ion 22 of
the Constitutionwhioh authorizes the Legie-
lature to change the juriedlotionof oounty
leture
courts, the Lsgi8lature seeinsto hare peered
three aote making muoh ohanges. In 1011 thr
County Court we8 deprived of jurlrdiotlonin
oivil eaaam by Acts or 1911, pa 90. '(3~
Art. 1970-214,V. A. C, 9.) In 1913, this
law was amended solnewhet by Aots 61 1913, p.
103, By Seotion 7 or the 1913 sot, it was
provided 'The oounty aommissionere~court of
said county may hereafter fix the terms of
said court whenever it may be deepledae@os-
sary.' (See Art, 1970-223,V.A.C.3. Both
the 1911 and 1913 Acts sabm t0 have 1ncorpor-
ated a general repealing olause: 'That all
laws and parts of laws in oonflict herewith
be and the aame are hereby repealedit (Art.
1970-217,V.A.C,S,)
"In 1927 the 40th Legislaturepassed
the following:
'SF%, 1, Hereafter the County Court of
Harrison County, Texas, shall have the same
mtion and shall be subject to tpr;y
provisions as County Courts aenerally h Rh-
out the State, under the Constitutionand Gen-
era1 Laws of the State of TexasO1
"Section 2 of this Act conformed the jur-
isdiction of the District Court of Harrison
County to the changes made in jurisdiction
made in the County Court. Se&ion 3 repealed
all conflioting lek and partsol laws. This
measure was ef'fectireMaroh 16, 1927,
"It is asserted that under the reason-
ing of the Court of Criminal Appeals in the
Hon. SalaB. Hall - Page 3
case of Smith v. State, 183 S. W, 26,
175, all judgments o? aonviotionentered
Kthe Harrison County oourt on any day
not during the term of the oourt as fixed
by the Constitutionand grneral statutes,
are void.
“You may readily uee the lhportanoo
and gravity o? the situation,and
careful oomsidrrationand ahioe WK.
very much approa1ated.v
That part of Seotion 29 of Artiale V of the
State Constitutionpertinent hare Is as iellona~:
W* * * Until otherwise provided, the
terms of the County Court shall be held en
the first Monday in February,Nay, August
and November, and may re in in srrsiom
three weeks.* T
Pursuant to the above quoted provlsi,onef
the Constitution+Article 1962* 7. C. S+ was passed ia
1885 ana is as roii0ws;
“The aotiaaionars court maye at a
regular tern thereor, by an order eatrr-
ed upon its reaordsl provlda ror more
terms of the aonnty aourt for the trans-
aotion or oivil. criminal and probate
business, and ffx the times at whiah eaah
of the-four terms required by the Censti-
tutionl and the terms exceeding four, if
wf shall be held, not to exceed six m-
aua lg, ana may rir the length or each
term” When the number of the term8 Of tke
aouaty eourt has been fixed,,the oourt
shall not ohange the oram? before one year
rrom the date of entry of the original.or-
der rixing such termab (Acts lgbSr pd 55)”
Artiole 1961, V, C* S. Is a8 follswa:
*The oounty oourt shall held at
least rour terms for both civil and erlm-
inal business annually, and such ether
term each year as may bo fixed by the
commissioner8oourt. After having fixed
Ho&. aam B. Hall - Page 4
the times and number or the ‘termsef a
oounty court, they shall not change the
sams until the expiratien or one year*
Until, or unlrss otherwireprovided, the
term of the eourty court shall be held
on the first ?donday.lnFebruary,May
August and November, and may remain In
semion three wmJcao (Const.Amendment
11383,art. 5, MC. 29)”
Artlole 586, C.&P., provides that:
Vach oounty oeurt shall held a
team for orbhal buaiikesaon the rlridi
Monday in every aenth, or at suoh ether
time as may have been fixed in aeeord-
anon with laws”
That part of Seatira 17 of Artlola V of the
State Constitutionpertinent here ia am icll.ewrt
“The Ownty Court ahall h&d a
tom ror olriL bus%aarr at haat a``6
in every two montha; and shall dlaposo
of probate bualness, either In term
tfma or vacation aa may be proridod by
law, and aaia court rhall held a term
ror arlmlnal business once in svrrf
month a# may be provldod by law. a .”
Insorar as the record reveala, the County
Court or Harrison County has ne?er baoa divested or Jurla-
aidion ib arimlml aasalr.
We hnew of no law whloh prohibits a term er
county court la criminal matters being dirferent from tha
term or oourt in oivil.aaws. On the oontrary, in risw.
of Article 586 C,C,P,, and Seetioa 17 of A&b QI supra
it olearly indicates that there may be differeat terma 11
oounty court for or@bal amd eiril QPSO~.
The sass of Smith v. State, 183 81 W. (2&j
175, was one where the county aourt of Marion County had
been direstad, of jurladioticdn in IL897 ir orklsL1 oasmb
Juriediotion’1nsuch aasea was re8trred to the oaunty
owrt in 193$i,but the Commissioners’Court or said roun-
ty had never passed any order setting the torma of the
oourt subsequentto auoh restoratira.
.’ -
‘.
Hen. Sam B. Hall - Page 5
The oourt held thnt the only term of county
court in Marion County wae that set by Section 29 of
Artiole V, aupra, of the Ooraetituflon,whioh shall be-
gin on the firet Mondays in February, May, Au@& and
November, and may remain in session three weeks. The
court held further that the plea of guilty having been
made ana judgirsntentered on June 24, 1944, was not
during a term of court a8 fixed by the Constitutionand
the Legislatureand thexefore,having bsen entered
while “he court was in vaoation,wae void.
The facts in the iaafant
different from those in the
ty Court or Hsrrlara;P County ,.
jurledlationin orimiaal
stitution and the srtmtutes, the
Harrison County pro+Lded ltblgQ% tbrt ithstalbne* Om-
ty oourt might be held the first MWdafa Sa ifa
March, May, July, Sbptember aad NoVombW and
eight weeks rrom suoh dates. Bvea thhoughthe QeWr
Oourt had been divesteifof civil matters aaS d891y)rt&a
terms of ,countgcourt in oivil matter@ may hav+ Berm
changed,”the term8 or the county o~urt of
ty ro ~.tirU.nal cases remains as tit by
OXB!J$uuti“.until changed ;
aotionr This beiag true, .’L
Harrison County in criminal cases
Monday in Maroh and continue& for eight reekn fP&# auuh
date*
Therefore, in view .oithe iora eimg
are respectfullyadvised that it ia the Op!uiW T~;&ri#
Department that the pleas ef guilty sa&sre(:oh
lOth, 1947, and April 26th, 1947, were both had“pB term
time, and therefore valid in this rwpwot4
Since the
riaoa Oounty in
of coylty court
days in January, Marob, May, JuXy,,SM$tsmWF
and November, and ~rtaaQin(: eight weah Pf@a
such dates, and $urtheF# since the t~ma of
said County Court heve aovlbrMaa @lunged i%
. .. _
Hon. Sam B, Hall - Page 6
orlminal oamsg pleas of guilty entered OQ
April lOth, 1947, and April 26th, 1947, were
both had in term time; therefore valid in
this m&pest, Art, 1962 V, C. S.; Art 589
c. co PO
Yours very truly,
ATTORNEPGENERALOP TEXAS
BAoWR
ATTORNEY GENERAL