August 21, 1975
The Honorable Walter M. Holcombe Opinion No. H- 671
County Attorney
P. 0. Box 749 Re: Whether a justice of
Pecos. Texas 79772 the peace may hold court
in another precinct in
Dear Mr. Holcombe: his county.
You have asked:
May a justice of the peace of one precinct
travel into another precinct in the same
county and try criminal cases at the request
of the justice of the peace in said other
precinqt?
Section 19 of article 5 of the Texas Constitution defines the jurisdiction
of Justice of the Peace Courts and further provides that the Legislature
may confer “such other jurisdiction, criminal and civil, as may be pro-
vided by law, under such regulations as may be prescribed by law. . . .I’
Article 2377, V. T. C. S., reads:
Whenever there is a vacancy or the justice
in any precinct shall be absent, or unable or
unwilling to perform the duties of his office, the
nearest justice in the county may temporarily
perform the duties of the office.
Prior to 1967 this provision was construed to permit another justice
in the county to perform the duties of an absent or unwilling justice of the
peace, but only if the substituted performance of such duties was accomplished
at hits own office and within his own precinct. Stewart V. Smallwood, 102 S. W.
159 (Tex. Civ. App. --1907, no writ); Attorney General Opinion C-112 (1963).
p. 2926
The Honorable Walter M. Holcombe, page 2
However, in 1967, the Legislature of Texas exercised the prerogative
extended by section 19. article 5. Texas Constitution and “provided . . .
[and] prescribed by law” b y the passage of article 2393a. V. T. C. S., that:
A justice may hold court for any other justice
whose precinct is in the same county; and the
justices of a county may exchange benches whenever
they deem it expedient.
This statutory authorization for one justice to hold court for another
and for justices to exchange benches is consistent with the power of
district judges to “hold court for . . . any other district judge” and to
exchange benches “whenever they deem it expedient. ” V. T. C.S.,
art. 1916, enacted in 1846 and constitutionally-sanctioned by a multitude
of judicial decisions, the latest being Floyd V. State, 488 S. W. 2d 830
(Tex. Grim. App. 1972) and Peach V. State, 498 S. W. 2d 192 (Tex. Crim.
App. 1973).
Accordingly, one justice of the peace of a county may hold court for
a second justice of the same county at the request of the second justice
and within the precinct of the second justice.
SUMMARY
A justice of the peace may hold court for any
other justice whose precinct is in the same county.
He may hold court in his own precinct or in the
precinct of the second justice.
ery truly yours,
Attorney General of Texas
Opinion Committee
p. 2927