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The Attorney General of Texas
January 4, 1980
MARK WHITE
Attorney General
Honorable Mike Atkins Opinion No. m- 12 3
Ector County Attorney
Ector County Courthouse Re: Whether the Ector County
Odessa, Texas 79761 Court at Law judge may resign
from duties of the juvenile court
Dear Mr. Atkins:
You have requested our opinion as to whether the judge of the Ector
County Court at Law may resign his position as judge, of the Juvenile Court
for Ector County. Article 2336-12, V.T.C.S., enacted in 1959, provides:
Section 1. The County Court at Law of Ector
County shall be the Juvenile Court for E&or County
and exercise such jurisdiction in addition to the duties
now imposed upon such court by law.
Sec. 2. The Judge of the County Court at Law of
Ector County shall exercise the duties of Judge of the
Juvenile Court of Ector County in addition to the
duties now imposed upon him by law as Judge of the
County Court at Law of Ector County.
Sec. 3. The Judge of the County Court at Law of
Ector County in addition to the compensation
received as Judge of the County Court at Law of
Ector County may be paid a salary, not to exceed
Three Thousand Dollars ($3,000.00), for his services
as Judge of the Juvenile Court of Ector County, said
additional salary to be paid out of the General Fund
of Ector County on the order of the Commissioners
Court of said county in equal monthly installments.
Section 5L04(b) of the Family Code, enacted in 1973, provides:
(b) In a county having a juvenile board, the board
shall designate one or more district, criminal district,
domestic relations, juvenile, or county courts or
county courts a: law as the juvenile court, subject to
Subsection (d) of this section.
P. 384
Honorable Mike Atkins - Page Two (HW-123)
Ector County has a juvenile board. Article 5139UU, V.T.C.S.
Section 51.04(b) clearly confers upon the juvenile board of Ector County the
authority to designate any of the named courts as a juvenile court. It does not follow,
however, that the juvenile board may thereby annul the statutory designation of the Ector
County Court at Law as a juvenile court for Ector County. Article 2338-12 has not been
reDeah2.d. and it is well established that reneals bv imnlication are not favored Dallas
Title & Guaranty Co. v. Board of Insurance Commi&on&s, 224 S.W.2d 332, 334 (Texx
APT - Austin 1949, writ ref’d). Since there is no necessary conflict between the two
statutes, both should ba given effect. Gillam 122 S.W.2d 348, 349 (Tex. Civ.
App. - Fort Worth 1938, writ dism’d w.0.j.).
Furthermore. althounh section 5L04fb) of the Familv Code was enacted subseauent
to article 2336-12,’the latier is the more specific statute.. Bassett Lumber Co. v. C&y of
Houston, 198 S.W.2d 879, 881 (Tex. 1947); Commercial Standard Fire & Marine Co. v.
Commissioner of Insurance, 429 S.W.2d 930, 933 (Tex. Civ. App. - Austin 1968, no writ).
On the basm of these canons of statutory construction, we conclude that the Ector County
Court at Law continues to constitute at least one of the juvenile courts of the county and
that, as a result, the judge of that court may not resign his position as judge of the
juvenile court.
SUMMARY
The Ector County Court at Law continues to constitute at least one
of the juvenile courts of the county and, as a result, the judge of
that court may not resign his position as judge of the juvenile
COWt.
-bkYtn&x%&
MARK WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
TED L. HARTLEY
Executive Assistant Attorney General
Prepared by Rick Gilpin
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
C. Robert Heath, Chairman
P. 385
. I
Honorable Mike Atkins - Page Three (m-123)
Jim Allison
David B. Brooks
Walter Davis
Bob Gammage
Susan Garrison
Rick Gilpin
Bruce Youngblood
P. 386