OFFICE OFTHE AlTORNEYGENERAL OF TEXAS
AUSTIN
tioncirabls
080. H. slieppard
Coffiptroll*r
of PubUo Awounts
duetin, Texas
Doap Mr. Shsppardr
ths abwe kwb~eet-matte
es your OptJzLOlk
ty for tba bar
for each tens, or
a on03 sleatarlInay
Judge returns and
a of Article 2098 of the Wwieed Ciril
ty in form is ao folloas*
*xr a Judl@ OS any Court is disqualtfied
in au@ ease peodlng 321his Fowt, and k&isd&s-
qualiffoatiim 19 oOmlfYod to the uovek'i3ar,
thu ixw3rnor may requik-8 the wdg0 of any
other of such Courts to exchange benohea or
districts with the disqualiS5adJwIge, and
lzpy,at any time, require any of suah Jttig~~
'Honorabler;eo.M. Sheppard - page 2
to exohange districts dth each other OF with
any other Dietriot Judge. In ease of the ah-
senoe, sickness, or dlsqualifleationof any
Judge, aaf other of said Judges may hold
Court for hLm or way transfer from his Court
to any other of said Courts any ease or plo-
oeedlag then pending in the Oourt of said
absent, sick, or NsqualifieLJudge and in
such ofrcumetaacssthe praetiainglawyers of
the Court may elect a opeeial,;iudgeof s&i
Cowtinthe mme mamer aa prpraidedincbap-
ter 1 Of Title 40 of the k3rtUJd citii 8t8fUt6s
of 1025, and sucihspecial Judge rhea so elected
shall have am3 cuero%se all the powers and du-
ties xNuh the regular Jrrdgeo? ssid CTeurt
oould have and ererciae.w
Po r th e *mannerRo f th e ela ~tfen o f 5ueh l c la l
judge, we are eent to Uhapter I at Title 4.0,O? the rwised
Ciril 2tatutes of 1225.
Renrerfinsto thio chauptar,we find that Prtioles
188~ and 2893 -6-36 only ones-pe+ti.nent to our inquey.
Article %221deelaresr
"2Imuld the judge of a Dlstriof Court on
the firat or say futwd day._of a tymafrZL rbr
repute to hold the oonrt, tMb praotioZng law-
yers 09 the court pr686nt may elsat from among
their umber a speolal fudge who ehall hold
the oaurt aad proceed with the bu8iness there-
ot.*
*Like eleotions way be held from time to
time &wing the term 0P the court to supply
the absence, failure or inabilIty OP the judge,
or 0P any special judgs, to perform tho dutiee
Of the of-rice.*
Pour inquiry oolle for an original construction
of the statutes quoted, sin06 there is ne court authority
in point.
Honorable Uoo. ti.Sheppard - pw S
The statutes are obtwure, but we wet of neees-
sity ldiecwera the intention of the Legislaturewith
respoot to the pseoiee point of your inquiry.
The language of A+iale -87, "on the first or
any future day of a ter# has SOW si@f'laanaer We th%nL
it signifies by anticipationthat notwIthstandingthe regu-
lar judge should fail or refuse to hold the court upon the
first day of the term, and that a special judge uhould be
eeleoted in his rtess;,yet at a subsequentday of the term
the regular judge tight return and remme his dutieo, or
the epocial judge fight himself fail or refUee%o aet,
whereupon another election should be held so that the
business of t&e 0ourt would go on as usual. It is een-
aeivable, upon this theory, that there might be repeated
eleotlonsduring the term, aoaording as the regular jwlge
might return and again fail or refuee to hold the court.
The language of Artlale 1603 aeoantuateathe
construction just given to the quoted words from Artl0le
. Article 1883, however, ooata%na the Zollo~Ir)a
lsiIr lan-
gnage, which is aen more &gnificant. It provideal*Like
electionsmay be held from time to time during the tenh
to supply the absence of a judge.
#Yom thetv3meager indiaia of intent&on,we are
oonstxainedto advise you that the eleotion of a qeuial
judge for the 17th Judicial Distriot should be held en
the first day of each reepeotive term, in the event ef
the failure or retieal of the regular judge to hold the
court, and as often thereafterduring each reapeottve
term as the aeoessity therefor may requ4.x-e.
she following autharities tend to support our
eonclueion~
Souse Y. Ford, 288 6. IY.&291
Cox yr (tliter,9~ 8. W. 1592:
Lore Y. State, 201 8. W. 08da
Vatsonr. State, 201 8. W. O&B.
TruetLog that Whet we have oaid orti&batorLly
amewaws 7our i.tqulrp, we are
rargtxw17 7olmJ
14, 1941 ATfORBi& BEBERAL OF igus
A n