Untitled Texas Attorney General Opinion

1 .
July 29, 1963 /Aha
Hon. Walter E. Wilson Opinion No. C- $12
.;. County Attorney
Betor County Courthouse Re: Whether a justice of the
Odessa, Texas peace may conduct his
court in a place other
than In his precinct, and (
Dear Mr. Wllaon: related question.
Your request for opinion addressed to this office states a8
follows:
“The facts in connection with this request are
as follows: The Justice of the Peace Precinct lines
. in Ector County, Texas, there being four, Intersect
and join at the Intersection of 8th Street and Musklngum
Street in Odessa, Ector County, Texas. At the present
time, the Ector County Courthouae Is under construction;
said building to be completed In the early part of 1964.
At the present time, the Justice of the Peace offices
are located In three of the respective Justices of the
Peace In their homea located in the precinct over which
they preside, and one Justice of the Peace, Precinct
81, being located In the temporary office building which
is located In Precinct #l. It is the desire of the
Commlsaion~ra~ Court to change the precinct boundary
lines In Ector County, Texas from those ae hereinabove
set out and to cause said boundaries to Intersect In
the block bounded by Grant Street on the West, Texas
Street on the East, Fourth Street on the North, and
Third Street on the South, the loqation of the Court-
house building here.in Odessa, Ect%r County, Texas.
It Is not the deeire nor the Intention of the Ector
County Commissioners1 Court to enter an order abollsh-
lng the precinct or to declare a vacancy in the offices
of the rerpectlve Justices of the Peace, It being the
.~. sole lntentfon of the Ector County Commfsafoneral Court
to provide a place for the Justices of the Peace to
have their office In the Courthouse building proper
and a place to hold court, etc.”
\
-555-
. 1
Hon. Walter E. Wilson, page 2 (C- 112 ) ,:
The subsequent correspondence in oonnection with your
request also aeks:
“Can the Justices of the Peace operate out cif
th’e County Courthouse although the precinct bounda-
ries do not Qofn at the Courthouse under the aeeump-
tion that the County Courthouse 18 by operation of
law a portion of each Justice of the Peace Preclnot?”
Article 2380of Vernon’s Civil Statutes provides In
part that:
”. . 0
"2. Each justice ehall hold the regular term
of his court at his office at euch time a8 the oom-
miasloners Court may presoz9be.w :(Emphasls added).
?,
Your letter indicated that the Commiseionersf Court
of Ector County has not previously provided for the juatlces
to hold court at any particular place, and that three of,them
now hold office in their-respective homee. We have found no
authority which would allow,a justice of the peace to maintain
his office outside of his ppecinct boundary’ The cat36 law and
statutory authoritlea both lead us to believe that the division
of the county into precincts and the various duties appurtenant
thereto were to be performed by the JustPce in his own precinct.
Articles 2377 and 2379 of Vernon"8 Civil Statutes. Article 60a
of Vernon’s Code of Criminal Procedureb Stewart v. Sm&lwood,
102 S.W. 159 (Tex.Cfv.App. 1907). I
Assuming that th’e Commlsaionere’ Court doe6 change
*he prec'inct boundarfea aa~$hey proposei we nou turn to yours
primary question for consideration. .~’
Attorney General’s Opinion No. ``-536(1958) affirmed
a, long lfne of opinions on the same question,, and held a8 fol-
lows : <.‘: ”
“The Commlealoners Court may, at any time,
abo~llsh old Justice Precincts and ~redfvlde the
county into new precincts. In suah case the
Justice8 of the Peace and Con~stables elected fn ‘.
a precinct whose boundaries are altered, have ,.
no right to cbntinue in ofifce or draw their
salaries. The vacancierr created by euch an or-
der are regufred to be filled by the Commiselon-
er8 Court.
-556-
1 .
_.,.
Hoa. Walter E. Wilson, page 3 CC!- 112 )
Shortly berore the rslsaer ot our opinion No. ``-536,
the Supreme Court rei’used an applioatloa for rrit of error with”
the notation “no reversible errors in the case of ChildFe&e CounQ ,~,,’
vi gachse 310 S.W.2d 414 (Tex;Clv.App. 19%; error rei’. n;r.e.)
andeer Curiam opinion found at 312 S.W.2d 381 (lgg), the~f
Court stated at page 380 as folloue:
.The application for writ of error Is re-
fused. No reversible error. We approve the
holding of the Court of Civil Appeals that
changes in preoinct boundaries do not create a
vacancy fn the Oific0 of County Comm%esioner or
deprive the incumbent o? the right to hold oi-
fice for the relralnder of his term, even though
by reason of. such changes his residjmy,i; gt
;#;hin the precinct as redeiined. . .
.p
We interpret this to mean that the Supreme Court agrees
with the holding of the Court of Civil Appeals, but not necessarily
Mth any other language used. Since the Sachse case, eu ra Involved
only the office of County Commissioner, uoot ieel -& a the same
principles are applicable to justices of the psace and constables.
Under the plain provisions of Section 18 of Article V of the Texas
Conetitutlon it Is mandatory that each oounty have iour commlsslonerac
precincts; however, fn%he case oi juetlce precinote this ,provislon
clearly authorfses the’CommPeiHoner8~ Court to divide the county
“from time to tfme for the qonvenlsnce of the people, into precincts
not lees than four or more than eight.’ If the prfnclplee of law
announced In the Sachs0 case were applicable to the re-division or
the elimination o-Ice precincts, then in a county where the
C~ieelonere~ Court sought to reduce the number of juetice precincts
to a sinfmum of four, the Commiesidnsrea Court’8 order would be of
no force and effect if the juetlaee o? the peaoe and constable8 In
the juetice precinots in exceee o? four In number could hold their
reepeotlve offices for the remainder of the ,tene to which they had
been originally elected*
In the instant oaee ii the Coaleslonere~ Court of Ector
Couatyelkicte to do so, it :may change the boundaries of the various
justice precincts, but fn all case8 where the boundaries are altered
or changed in any respect, the offices of justice bf the peace and
conetable become vacant and must be filled by appointment of the
Commissioners~ Court until the next general election. Attorney @en-
oral’8 Opinions V-790 (lg@), V-1032 (195C), and ~-536 (1958).
-55?-
Hon. Walter E. Wilson, page 4 (C- 112 )
SUMMARY
The justice of the peace must maintain his
office and hold his court within the boundaries *
of his precinct.
If the commleelbnere~ court’.alters the boun-
dary lines of,any justice precltit, a vaoancy exists
In the offlC6 of ,justlce of the peace and constable
which the court must fill by appointment until the
next General Election.
Yours very truly,
WAOQONER
CARR
Ap72&
Fred D. Ward
Assistant
FDW:wb:mkh
APPROVED: :
OPINIONCOMMITTEE
W. V. Qeppert, Chairman
Pat Bailey
Frank Booth
Cecil Rotech
Howard Mayo
APPROVEDFOR TRE ATX’ORNEY GEHXRAL
BY: Stanton Stone
-558-