.
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