Untitled Texas Attorney General Opinion

The Attortwy General of Texas JIM MATTOX irpril 14. 1986 Attorney General SupremeCourt Building HonorableJohn B. !Iolmes, Jr. OpinionNo. .I%474 P. 0. BOX 12548 DistrictAttorney Austin, TX. 78711-2548 201 Pannin,Suite ~100 Rc: Authorityof the presidingjudge 512/4752501 Houston,Texas 7'7002 of an administrativejudicialregion Telex 01018761367 Telecopier 512/475.0266 to make judicial assignments in Rarris County 714 Jackson, Suite 700 Dear Hr. Rolmes: Dallas, TX. 75202-4508 2141742-8944 You ask the iqlinionof this office concerningthe authorityof the chief justiw and the presiding judge of the administrative 4824 Alberta Ave., Suite 180 judicialregion to assign judges to try cases and dispose of accumu- El Paso, TX. 79905-2793 lated business in .thedistrict courts in Rarris County. It is our 915/5333484 opinionthat the pmvisions of the Court AdministrationAct, codified as article 2000-1,V.T.C.S.,govern the assignmentof judges for the ,001 Texas, Suite 700 trial of cases and,dispositionof pending litigationin the district Houston, TX. 77002-3111 courts in any counqr,includingHarris County. 7131223-5888 Historically,article200a, V.T.C.S.,governedthe administration of the district c.ourtsof the state, including the administrative 808 Broadway, Suite 312 Lubbock. TX. 79401-3479 judicial districts,the presidingjudges of such districts,and the eaw747.5238 assignmentof regular district judges and certain retired and formar districtjudges to .presidein the district courts of the state. The Texas courts had h4tl.d that 4309 N. Tenth, Suite B McAlle”, TX. 78501-1885 51216824547 [tlhere is no prohibitionagainst tvo or more judges tryingdifferentcases in the sane court at the emme time, each occupying a different 200 MaIn Plaza, suite 4w courtrom. San Antonio, TX. 782052797 512l2254191 Permian Corp. v. I'ickett.620 S.W.2d 878, 881 (Tex. Civ. App. - El Paso 1981, writ rcz'd a.r.e.). Hence, a judge may be authorizedby A,, Equal OpportUnitYl assignment to sit as judge of a district court when the regular Affirmative Actlon Employer district judge is also present and trying another case at the same time, vith e&h ocxpyin~ a separatec&rt~om. See Zamara v. State, 508 S.W.2d 819, 82:s(Tex. Grim. App. 1974);ReedrState. 500 S.W.2d 137, 138 (Tex.Crirl.App. 1973). Prior to the enactmentof the judicial title of the Government Code, the legielatrrein 1983 amended article 200a by adding section 5f to read as follows: p. 2167 i ,. HonorableJohn B. Eolmes.Jr. - Page 2 (JM-474) sec. 5f. Notwithstandingany other provision of this Act, ne:ltherthe chief justice uor the presiding judge of the administrativejudicial district in which Harris County is located may assign a judge to a court in Harris County if the regulardistrictjudge is present or trying cases unless the assignmentis for the regulardocket of the: (1) presidiue administrativejudge and the judge is present attending to administrative duties;or (2) presidingjudge of a court createdby the legislatureand the judge is trying a capital murder case. See Acts 1983; 68th Leg., ch. 889, 926, at 4975. Additionally, Zion 27 of the sams act, which did not amend article 200a but was enactedas originallegisls~tion,providedthat [t]he districtccurts in Harris Countymay uot sit in more than om location. The courts may not establishan anmx or branch court. The judicial title o:fthe GoverumentCode is a nonsubstantive recodificationof the stamtes relating to the judiciarywhich was passed by chapter480 of t'm Sixty-ninthLegislatureon May 17, 1985. Chapter 480 expresslyrepmled all of article 200a as part of the recodification. The provisions of article 200a relating to the assignmentof judges to d::r:trict courts which are pertiuent to your inquiry were recodified iu the Government Code without change in sections74.031-74.034(germs1 provisionsfor assignmentof judges to districtcourts)and section74.061 (prohibitingassigumautin Harris County if regulardistrictjudge is presentand trying cases). The Code Constructim Act, recodified as chapter 311 of the GovernmentCode, provides that "if any provisionof a code conflicts rith a statuteanactedby t!nesaue legislaturethat enacted the code, the statute controls." Ijec.311.031(d). Accordingly, it is our opinion that the assigmwut of judges to the district courts as authorizedwithout restrictionby sections4.016, 4.017, and 5.002 of the Court Administration Ax is applicablein all counties,including * Harris County, and that the limitationon assigmmmt to Harris County in section74.061 of the GovernmentCode was repealedby the legisla- ture. Subsequantto the ena~xuentof the judicialtitle of the Govern- ment Code, the sane sess:ionof the legislature,on May 27, 1985, p. 2168 .4 HonorableJohn B. Holmes. JI:.- Page 3 (m-474) passed chapter732, which ls kuowu and cited as the Court Administra- tion Act. Sec. 8.001. Whi:Lemany, but not all, of the provisionsin article 200a are retained in chapter 4 of the Court Administration 'Act, the act repealedall of article 2008 and enacted in its place a new and more couprehensivc!act for the administrationof the courts that comprise the judicia'lsystem of this state. For instance, chapter5 providesfor a local administrativejudge in each county and for local rules of adm~uistratiouadopted by the district and statutorycounty court judges In each county. Chapter6 providesfor a court coordinatorsystem,. Sections4.016 and 4.317 of the Court Administration Act contain generalprovisionsthat am applicablein all counties. Section4.016 provides: (a) Under rules prescribedby the council of judges, a presidlugjudge from time to tias shall assign the judges of the administrativeregion to hold special or regular terms of court in any county of the acluiuistrativeregion to try cases and dispose of accumulatedbusiness. The assign- ment may be made during or after the consultation concerningthe stete of the businessof the courts at a meeting of the judges of the administrative region and with or without an additionalmeeting of the judges. (b) The presidingjudge of one administrative region may request the presidingjudge of another administrativem&n to furnishjudges to aid in the dispositionWC litigationpending in a county in the administrativeregion of the presiding judge who makes the request. Section4.017 provides: (a) In addittonto the assignmentof judgesby the presiding judges as authorized by this chapter, the chlaf justice may assign judges of one or more administrativeregions for servicein other administra:iveregionswhen he considersthe assignmentnecessaryfor the prompt and lfficiant administrationo:Ijustice. (b) A judge assignad by the chief justice shall perform the sams duties and functions authorizedby this chapter that the judge would perform if he were assigned by the presiding judge. p. 2169 HonorableJohn B. Holuas. Jr. - Page 4 (~~-474) In addition, section 5.OC2 of that act provides that each local administrativejudge, among other things, shall recommend to the regional presiding judge my need for assignuent from outside the county to disposeof court case loads. The exception applictlbleto Harris County in section 5f of article 200a, limiting the assigmmnt of judges, is not includedby the lenislature in the Court AdministrationAct. The dominant considerationin construingstatutesis legislativeintent. See City of Sherman v. Public Utilk:y Commission,643 S.W.2d 681, 684(Tex. 1983). The legislatureexpresslyrepealedsection5f of article 200a again withoutenactingthe provisionsof section5f of article200a in the Court AdministrationAct. Additionally,a law not expressly repealedmay be repealedty implication. In our opinion, the Court AdministrationAct repealed inconsistentprovisions incorporatedin the new GovernnentCode. The Texas SupremeCourt has held that where a later enactmentis intended to embrace all the law on the subject with which it deals, it repeals all former laws relating to the saue subject. Under this rule, a statutethat covers the subject matter of a former law and is evidentlyintended as a substitutefor it, although containingno expresswords to that effect,operatesas a repeal of the former 1~ to the extent that its pro- visionsare revisedand its field freshlycovered. Accordingly,parts of the original Act that are omitted from the new legislationare to be con- sideredas annull.ed.If the later act is clearly intendedto prescribethe only rules which should govern,it repealsthe prior statute,althoughthe two are not repugnantin their provisions. Motor Inv. Co. v. City of Uamlin, 179 S.W.2d 278, 281 (Tex. 1944). See also McInnis V. State,7103S.W.2d 179, 183 (Tex. 1980);Gordon v. Lake, 356 S.W.2d 138, 139 (Tex. 1962). Section 1 of chapter:'32,which enacted the Court Administraticm Act, is a declarationof policy by the legislaturethat states,among other things, that "it is the policy of this state that the adminis- trationof justiceshallbe 'prompt and efficient"and it is the further intmt of the legislaturethat the administratic~n of trial courts in this state be improved in c'rderto provide all citizens of this state a pranpt, efficient,and just hearing and dispositionof all disputesbefore the various courts,and that all districtand statutorycounty p. 2170 HonorableJohn B. Rolues,Jr. - Page 5 (JM-474) , courts adopt rulc:sof administratiouas provided by this Act. Ve believe that the legislatureintends the Court AdministrationAct to control all the law on the subjectwith which it deals, including the assignmentof judges :lorthe trial of cases and dispositionof pendinglitigationin the i.istrictcourtsof this state. SUMMARY The assignment,of judges to the districtcourts as authorizedwithout restrictionsby the Court AdainistrationAct: is applicablein all counties, including Barri; County. The liuitation on assignmentto Harris County in section 74.061 of the GovernmentCcsdewas repealed by the legis- lature. JIM MAT'rOX AttorneyGeneralof Texas JACR AIGRTOWBR First AssistantAttorneyMineral MARY KELLER ExecutiveAssistantAttorncby General ROBERT GRAY SpecialAssistantAttorneyGeneral RICK GILPIN Chairman,OpinionCommittees Preparedby Nancy Sutton AssistantAttorneyGeneral p. 2171