The Attorney General of Texas
December 31, 1982
MARK WHITE
Attorney General
Honorable Maurice S. Pipkin Opinion NO. NW-554
Supreme Court Building Executive Director
P. 0. Box 12546
Austin, TX. 76711. 2546
State Commission on Judicial Conduct Re: Whether justices of the
512,475.2501 P. 0. Box 12265 pCKe who have served two
Telex 910,674-,367 Austin, Texas 78711 terms are required to take the
Telecopier 512/475-0266 20-hour yearly course
Honorable Henry Wade established under article
1607 Main St., Suite 1400
Criminal District Attorney 5972, V.T.C.S.
Dallas, TX. 75201-4709 6th Floor, Records Building
2141742-6944 Dallas, Texas 75202
Gentlemen:
4624 Alberta Ave.. Suite 160
El Paso. TX. 79905-2793
9151533-3464 You have requested our opinion regarding whether justices of the
peace who have served two terms prior to the effective date of the
1973 amendment to section l(b) of article 5972, V.T.C.S., are required
1220 Dallas Ave., Suite 202
to take the 20-hour annual course established by this amendment.
Houston, TX. 77002.6966
7131650.0666
Articles 5970-5990 describe the procedure for the removal of
certain county officials by a district judge. Article 5972 prescribes
606 Broadway, Suite 312 the standard for removal for "incompetency." In 1971, article 5972
Lubbock, TX. 79401.3479
was amended by House Bill No. 168 of the Sixty-second Legislature,
6061747.5236
Acts 1971, 62d Leg., ch. 241, at 1110. House Bill No. 168 reads as
follows:
4309 N. Tenth, Suite B
McAllen, TX. 76501-1665 Section 1. Article 5972, Revised Civil
5121662.4547
Statutes of Texas, 1925. is amended to read as
follows:
200 Main Plaza, Suite 400
San Antonio, TX. 76205.2797 Art. 5972. 'Incompetency.'
5121225-4191
(a) By 'incompetency' as used herein is meant
An Equal Opportunity/ gross ignorance of official duties, or gross
Affirmative Action Employer carelessness in the discharge of them: or an
officer may be found to be incompetent when, by
reason of some serious physical or mental defect,
not existing at the time of his election, he has
become unfit or unable to discharge promptly and
properly the duties of his office.
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Honorable Maurice S. Pipkin
Honorable tgJ{5fTde
Page 2
(b) In the case of a justice of the peace who
is not a licensed attorney, 'incompetency' also
includes the failure to s"ccessf"lly complete
within one year from the date he is first elected,
or if he is in office on the effective date of
this Act, one year from the effective date of this
Act, a forty-hour course in the performance of his
duties; said course to be completed in any
accredited state-supported school of higher
education.
sec. 2. Persons having served two terms or
more as a duly elected justice of the peace are
exempted from provisions of subsection (b) of this
Act.
- (Emphasis added).
sec. 3. [Emergency clause]
Section 1 of House Bill No. 168 amended article 5972 in its
entirety. Section 2 of House Bill No. 168, which provided an
exemption from the 40-hour course for persons with two or more terms
of service, was not part of the amended article 5972, V.T.C.S. It was
published in the annotated ztatutes as a footnote to article 5972,
V.T.C.S.
In 1973, the legislature amended subsection (b) of article 5972,
V.T.C.S., by enacting House Bill No. 81. Acts 1973, 63rd Leg., ch.
640, st 1758. The 1973 legislation reads as follows:
section 1. Subsection (b). Article 5972,
Revised Civil Statutes of Texas 1925, as amended,
is amended to read as follows:
(b) In the case of a justice of the peace who
is not a licensed attorney, 'incompetency' also
includes the failure to s"ccessf"lly complete
within one year from the date he is first elected,
or if he is in office on the effective date of
this Act, one year from the effective date of this
Act a forty-hour course in the performance of his
duties and a twenty-hour course each year
hereafter; said course to be completed in any
accredited state-supported school of higher
education.
sec. 2. [Emergency clause]
House Bill No. 81 amended article 5972, V.T.C.S.. but did not enact an
exemption for persons having served two terms. The exemption found in
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Honorable Maurice S. Pipkin
Honorable Henry Wade
Page 3 (~~-554)
section 2 of House Bill No. 168 was never part of article 5972,
V.T.C.S., and cannot be read to apply to subsequent amendments of that
statute. We note that section 2 of the 1971 enactment expressly
refers to "subsection (b) of this Act," that is, of House Bill No. 168
of the Sixty-second Legislature. (Emphasis added). By its express
terms, section 2 exempts from the 40-hour course requirement persons
who had served two terms or more as a duly elected justice of the
peace as of the 1971 effective date of House Bill No. 168. It does
not purport to exempt these persons from any other requirement.
The bill analysis to the 1973 amendment supports our conclusion.
It provides in part:
1. BACKGROUND
Under current law non-attorney justices of the
peace are required to complete a 40 hour course
their first year. In order to upgrade their
profession an office, the Justice of the Peace
Association r commends a change in favor of
'continuing le1 al education.'
2. PURPOSE
To require Justices of the Peace to take 20
hours of higher level education each year in order
to upgrade the office.
Bill Analysis to House Bill No. 81, 62d Leg., filed in Bill File to
H.B. No. 81, Legislative Reference Library. The bill analysis assumes
that as of 1973 all non-attorney justices of the peace were required
to complete the 40-hour course their first year and describes a
continuing education requirement for all such justices. Implicit in
the analysis is the understanding that the 1971 exemption no longer
operates to exempt any justice of the peace from either course. The
legislature could have reasonably assumed that all non-attorney
justices could benefit from a yearly course presenting recent
developments in the law.
In conclusion, we believe that article 5972, V.T.C.S., requires
all non-attorney justices of the peace to take a twenty-hour course
each year after his first year in office.
SUMMARY
Article 5972, V.T.C.S., defines incompetency
with respect to a justice of the peace who is not
a licensed attorney as the failure to successfully
complete a twenty-hour course each year after his
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Honorable Maurice S. Pipkin
Honorable Henry Wade
Page 4 (MI+554)
first year in office. There is no exemption from
this provision for persons who had served two or
more terms as a justice of the peace prior to its
enactment.
MARK WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
RICHARD E. GRAY III
Executive Assistant Attorney General
Prepared by Susan L. Garrison
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Susan L. Garrison, Chairman
Jon Bible
Rick Gilpin
Jim Moellinger
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