,
THE AT ESERAI.
June 8, 1989
Honorable Stanley R. Watson Opinion No. JM-1054
County Attorney
Hardeman County Re: Location of justice
P. 0. Box 506 of the peace offices in
Quanah, Texas 79252 Hardeman County (RQ-1688)
Dear Mr. Watson:
You advise that the office space used by the justice of
the peace is presently located in a building owned by the
county that also houses the jail facility, the sheriff's
office and offices of the local office of the Department of
Public Safety. Information furnished by you reflects that
the sheriff wants the justic,e of the peace moved to the
courthouse. ~This background has prompted your question as
to whether the location of that office is within the
province of the sheriff or the commissioners court.
Section 292.004 of the Local Government Code provides
in pertinent part:
(a) The commissioners ;;rt of a county
may provide, inside municipality
designated as the county seat, an auxiliary
courthouse, a jail, a parking garage, a
facility for district, county, and precinct
administrative and judicial offices and
courtrooms, or any facility related to the
administration of civil or criminal justice.
Information furnished by you reflects that the facility
in question is known as the VVIaw Enforcement Building" and
the sheriff., "as keeper of the jail, *I feels he is authorized
to determine who occupies the building.
Section 351.041(a) of the Local Government Code
provides:
The sheriff of each county is the keeper
of the county jail. The sheriff shall safely
keep all prisoners committed to the jail by a
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Honorable Stanley R. Watson - Page 2 (JM-1054)
lawful authority, subject to an order of the
proper court.
A justice of the peace is an elected constitutional
official. Tex. Const. art. V, g 18. You advise that the
justice of the peace conducts the business of his office,
including the trial of cases in the room he occupies. The
fact that the justice of the peace has quarters in the same
building where the jail is located does not vest the sheriff
with authority to remove the justice of the peace from the
building.
We next consider whether the sheriff is vested with
authority to determine the location of the justice of the
peace under section 291.003 of the Local Government Code
(formerly article 6872, V.T.C.S.). Section 291.003 relates
to control of the courthouse, providing "the county sheriff
shall have charge and control of the county courthouse,
subject to the regulations of the commissioners court." In
Anderson v. Wood, 152 S.W.2d 1084, 1086 (Tex. 1941), the
Texas Supreme Court construed article 6872 (now Local
Government Code section 291.003), as follows:
The above statute places the sheriff in
charge and control of the court house merely
for the purpose of keeping order and preserv-
ing the property. These dare ministerial
duties that are in keeping with the duties of
a peace officer.
In Attorney General Opinion O-4747 (1942), it was concluded
that the holding in Dodson v. Marshall, 118 S.W.Zd 621 (Tex.
Civ. APP. - Waco 1938, writ ref'd w.o.m.), that the
commissioners court had discretionary power to allow a
person to operate a cold drink stand in an unused alcove in
the courthouse was not authority for the sheriff to exercise
the same power. Neither section 291.003 nor section
351.041(a) vests the sheriff with authority to determine the
location of the offices of the justice of the peace or of
other precinct or county officials in the courthouse or
other buildings operated by the county for its official
business.
Article V, section 18 of the Texas Constitution
provides that the commissioners court "shall exercise such
powers and jurisdiction over all county business, as is
conferred by this Constitution and the laws of the State, or
as may be hereafter prescribed.*' In Cosbv v. County
Commissioners of Randall Countv, 712 S.W.Zd 246 (Tex. App. -
Amarillo 1986, writ ref'd n.r.e.), it was noted that in the
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Honorable Stanley R. Watson - Page 3 (JM-1054)
exercise of powers conferred upon the commissioners court,
the court has implied authority to exercise a broad
discretion to accomplish the purposes intended. Section
291.001 of the Local Government Code requires the
commissioners court to provide a courthouse and offices for
county officers. See also Koehler v. Earl, 14 S.W. 28 (Tex.
1890) ; Alexander v. Svoboda, 297 S.W. 560 (Tex. Civ. App. -
Galveston 1927), rev'd on other qrounds, 3 S.W.2d 423 (Tex.
1928) (justice court terms held at times and places desig-
nated by commissioners court). The commissioners court is
the active governing body of the county and has at least the
implied authority to regulate the use of the courthouse and
other county buildings. See Dodson v. Marshall, sunra. It
follows that the commissioners court has the authority to
determine whether the office of the justice of the peace
shall be located in the courthouse or other county owned
buildings.
SUMMARY
The location of the quarters in the
courthouse or county owned buildings where
the justice of the peace conducts trials and
the business of that office is within the.
province of the commissioners court of
Hardeman County. I
J iil?&t
Very truly you
A
JIM MATTOX
Attorney General of Texas
MARY KELLER
First Assistant Attorney General
LOU MCCREARY
Executive Assistant Attorney General
JUDGE ZOLLIE STEAKLEY
Special Assistant Attorney General
RICK GILPIN
Chairman, Opinion Committee
Prepared by Tom G. Davis
Assistant Attorney General
p. 5490