Untitled Texas Attorney General Opinion

AGSTIN 1% TEXAR
October 17, 1957
Honorable Wayland Q. Halt Opinion No. WW-279
Distriat Attorney
132nd Judioial Mlstrlct Re: Jurisdiction of Justice
Snyder, Texas Coupts of Borden County
in misdemeanor cases.
Dear Mr. Holt:
You have requested our opinion on the following
question:
"In the absence of a special statute in-
creasing the jurisdiction of the County Court
(of Borden County), does the County Court have
jurisdiction coneuprent with Justice Courts in
misdemeanor criminal cases where the maximum
punishment is a fine of $200,00 01"less?"
You state in youp request that a vacancy exists in
each Justice Court in Borden County and that certain members
of the Commissioners' Court do not want to fill these vacan-
cies if the County Court has ju??isdictionof cases referred
to in YOUP question.
The office of Justice of the Peace is a constitu-
tional office created by the provisions of Section 18 of
Article V of the Constitution of Texas. Vacancies in the
office of Justice of the Peace are required to be filled by
the Commissioners' Court by the provisions of Section 28 of
AAicle V of the Constitution of Texas. Therefore, you are
advised that it is the duty of the Commissioners1 Court to
fill the vacancies that exist in the offices of Justices of
the Peace of Borden County, regardless of whether the County
Court of Borden County has jurfsdietion of cases referred to
In your question.
Referring to your specific question, Article 51,
Vernon's Code of Criminal Procedure, provides fop criminal
jurisdiction of Justice Courts.
Article 56, Vernon's Code of Criminal Procedure,
provides:
"The county courts shall have original
Honorable Wayland G. Holt, Page 2 (Ww-279)
jurisdiction of all misdemeanors of which ex-
clusive original jurisdiction is not given to
the justice court, and when the fine to b$
imposed shall exceed two hundred dollars.
Article 60, Vernon's Code of Criminal Procedure,
provides:
"Justices of the peace shall have jurisdic-
tion in criminal cases where the fine to be
imposed by law may not exeeed two hundred dollars."
In construing these provisions, it has been held
that the Justice Court and the County Court have conourrent
I-.. --
jurisdiction of cases where the fine could not exceed T200.00.
See Culpepper v. State, 172 S.W.2d 697, 698 (Tex.Crim. 1943);
Skaggs v. State, 247 S.W.2d 906 (Tex.Crim. 1952). Therefore,
you are advised in answer to your question that the County
Court has Surisdiction concurrent with Justice Courts in
misdemeanor cases where the maximum punishment is a fine of
$200.00 or less.
SDMMARY
It is the duty of the Commissioners8 Court
to fill vacancies in the office of Justice
. though thewith
of the Peace even
. JUriSdictiOn
nas conaurrent
County Court
Justice
Courts of misdemeanors aognizable in
Justice Courts.
YOUPS very truly,
WILL WILSON
Attorney General of Texas
JR:jl Assistant
APPROVED:
OPINION COMMITTEE
George P. Blackburn, Chairman
J. C. Davis, Jr.
Ralph R. Rash
Morgan Nesbitt
Houghton Brownlee, Jr.
APPROVED FOR THE ATTORNEY GENERAL
BY: James N. Ludlum