l .
.
The Attorney General of Texas
November 9, 1981
MARK WHITE
Attorney General
Mr. Maurice S. Pipkin Opinion No. m-387
Supreme Court Building
P. 0. BOX 12546
Executive Director
Austin. TX. 70711 state commission on Re: Whether person appointed
512147i-2501 Judicial Conduct county court of law judge
Telex 9101674-1367 211 Reagan Building pursuant to article 1970-341,
Telecopier 5121475.0266
Austin, Texas 78711 section 6 must comply with
requirements of elected judge
1607 Main St., Suite 1400
Dallas, TX. 75201 Dear Mr. Pipkin:
2141742-6944
You have asked whether a person who has not been actively engaged
4624 Alberta Ave., Suite 160
in the practice of law for a period of at least four years may be
El Paso, TX. 79905 validly appointed judge of the County Court of Law in Hidalgo County.
915/533-3484
The County Court at Law of Hidalgo County was created in 1951.
See Acts 1951, 52nd Leg., ch. 25, at 33; V.T.C.S. art. 1970-341. The
1220 Dallas Ave., Suite 202
Houston, TX. 77002
qualifications of the judge thereof are specified in section 6 of
713/650-0666 article 1970-341, V.T.C.S.. which states:
Sec. 6. There shall be elected in Hidalgo
606 Broadway, Suite 312
County by the qualified voters thereof, at each
Lubbock, TX. 79401
6061747-5236
general election, a Judge of the County Court at
Law of Hidalgo County who shall be a regularly
licensed attorney at law in this State, and who
4309 N. Tenth, Suite B shall be a resident citizen of Hidalgo County, and
McAllen, TX. 76501
shall have been actively engaged in the practice
5121682.4547
of law in this State for a period of not less than
four (4) years next preceding such general
200 Main Plaza, Suite 400 election, who shall hold his office for two (2)
San Antonio, TX. 76205 wars and until his successor shall have been dulv
512/225-4191
elected and qualified. As soon as this Ac;
becomes effective, the Commissioners Court of
An Equal OppOriunitYl Hidalgo County shall appoint a Judge to the County
Affirmative Action Emplow Court at Law of Hidalgo County, who shall hold
this office as such Judge until the next general
election and until his -successor is elected and
qualified; any subsequent vacancies in the office
of the Judge of the County Court at Law of Hidalgo
County shall be filled by appointment of the
Commissioners Court of Hidalgo County and when so
filled, the said Judge shall hold his office until
p. 1314
..
Mr. Maurice S. Pipkin - Page 2 (MW-387)
the next general election and until his successor
is elected and qualified. (Emphasis added).
While the statute requires that persons elected to the office at
each general election shall have practiced law actively for not less
than four years immediately preceding their election, it does not
expressly require that persons appointed to fill the post have
practiced law for that length of time prior to their appointment. In
our opinion, however, it does impose this requirement by reasonable
and necessary implication.
The title of the act creating the court stated it to be, inter
m, "[a]* act creating the County Court at Law of Hidalgo County...
and the election, qualification, appointment and removal of a judge
thereof." The title gives no notice that the qualification of an
appointed judge was meant to be different or less demanding than the
qualification of an elected judge. On the contrary, it suggests
affirmatively that the qualification requirements and the standards
for removal apply to elected and appointed judges alike.
In our opinion, a person who has not been actively engaged in the
practice of law for a period of at least four years next preceding his
appointment may not be validly appointed judge of the County Court at
Law in Hidalgo County. -See Code Grim. Proc. art. 30.03.
SUMMARY
A person who has not been actively engaged in
the practice of law for a period of at least four
years next preceding his appointment may not be
validly appointed judge of the County Court at Law
in Hidalgo County.
-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
p. 1315
Mr. Maurice S. Pipkin - Page 3 (Mw-387)
APPROVED:
OPINION COMMITTEE
Susan L. Garrison, Chairman
James M. Allison
Jon Bible
Rick Gilpin
Jim Moellinger
p. 1316