Untitled Texas Attorney General Opinion

. The Attorney General of Texas December 20, 1982 MARK WHITE Attorney General Honorable Robert E. Bell. Opinion No. ~~-521 Supreme Court Building Criminal District Attorney P. 0. Box 12546 Austin, TX. 76711. 2546 Jackson County Courthouse lb?: Whether appointee to 512/475G!501 Edna, Texas 77957 office of District Judge of Telex 9101674-1367 267th Judicial District serves Telecopier 5121475-0266 from November 2, 1982 to January 1, 1983 1607 Main Sl., Suite 1400 Dallas. TX. 75201-4709 Dear Mr. Bell: 2141742.6944 In 1981 the Texas legislature created the 267th Judicial 4624 Alberta Ave., Suite 160 District. V.T.C.S. art. 199a. 93.093; Acts 1981, 67th Leg., ch. 25, El Paso, TX. 79905.2793 61, at 51. Governor Clements then appointed an individual to the 9151533-3464 office of district judge in this district. -See V.T.C.S. art. 199a, 666.001, 2.005. 1220 Dallas Ave., Suite 202 Houston, TX. 77002-6966 You advise that at the May 1, 1982 primary election, the 7131650.0666 Clements' appointee failed in his attempt to become the Democratic candidate for district judge in this district. The winner of the primary election ran unopposed in the November 2, 1982 general 606 Broadway, Suite 312 election. You ask: Lubbock. TX. 79401-3479 6061747-5236 1. Who is entitled to the office of Judge of the 267th Judicial District Court during the 4309 N. Tenth. Suite B "interim" period between: McAllen, TX. 76501-1665 5121662-4547 (a) the certification of the official canvas of the returns of the general election which 200 Main Plaza. Suite 400 was held on November 2; and San Antonio. TX. 76205.2797 512/225-4191 (b) the swearing and qualifying of the winner of the four year term on January 1, 1983? An Equal Opportunity/ Affirmative Action Employer 2. Is the Democratic candidate to take the oath, assuming that he is elected, and be qualified upon receipt of his certification of election, or must he wait until January 1, 1983 to take office? Section 2.005 of article 199a provides that: p. 1888 Honorable Robert E. Bell - Page 2 (~g+521) The district judge of each new district created by this Act shall be appointed by the governor in the manner prescribed by the constitution and laws of the State of Texas and shall serve in such capacity until the next succeeding general election and until his successor has been duly elected and has qualified.... (Emphasis added). Section 6.001 of article 199a provides in part: When a judicial district is created by this Act or by amendment to this Act, the Governor shall appoint a qualified person to the office of district judge, who shall serve until the next succeeding general election and until his successor is elected and has qualified.... (Emphasis added). Neither section 2.005 nor section 6.001 indicates when the "successor" who is elected to a regular term of office at the November eeneral election becomes "aualified" to hold office. It is settled. however, that statutes dealing with the same subject are to be read together. Calvert V. Fort Worth National Bank, 356 S.W.2d 918 (Tex. 1962). Article 17, V.T.C.S., provides: The regular terms of office for all elective state, district, county and precinct offices of the State of Texas, excepting the offices of Governor, Lieutenant Governor, State Senator, and State Representative, shall begin on the first day of January next following the general election at which said respective offices are regularly filled, and those-who are elected to regular terms shall qualify and assume the duties of their respective offices e following their election, or as soon thereafter as possible. Persons elected to unexpired terms in the various state, district, county and precinct offices shall be entitled to qualify and assume the duties of their respective offices immediately upon receiving a certificate of election, which certificate shall be issued immediately following the official canvass of the results of the election at which they were elected, and they shall take office as soen thereafter as possible. (Emphasis added). Article 17 clearly provides that only those persons elected to unexpired terms qualify for and assume the duties of their offices immediately upon receiving a certificate of election. Those elected p. 1889 Honorable Robert E. Bell - Page 3 (MW-521) to regular terms qualify for office "on the first day of January following their election, or as soon thereafter as possible." Since the Democratic candidate for district judge of the 267th Judicial District was elected to this office on November 2, he falls in the latter category. Therefore, the answer to your questions is that the governor's appointee is entitled to serve as district judge of the 267th Judicial District until his successor "is elected and has qualified," which will be on January 1, 1983 "or as soon thereafter as possible." -See Ex parte Sanders, 215 S.W.2d 325 (Tex. 1948). SUMMARY The present appointee to the office of district judge of the 267th Judicial District is entitled to hold office until his successor "has been duly elected and qualified," article 199a. sections 6.001, 2.005, V.T.C.S., which will be "on the first day of January following [his] election, or as soon thereafter as possible." V.T.C.S. art. 17. MARK WHITE Attorney General of Texas JOHN W. FAINTER, JR. First Assistant Attorney General RICHARD E. GRAY III Executive Assistant Attorney General Prepared by Jon Bible Assistant Attorney General APPROVED: OPINION COMMITTEE Susan L. Garrison, Chairman Jon Bible Rick Gilpin Patricia Hinojosa Jim Moellinger Stan Reid Bruce Youngblood p. 1890