Case Information
*1 The Attorney General of Texas December 22, 1982 MARK WHITE
Attorney General
Honorable G. Dwayne Pruitt Opinion NO. ~~-542 Telex Telecopier Austin, Supreme 5121475-2501 P. 0. Box 12546 910/674~1367 TX. 76711. Court Building 5121475.0266 [2546] Brownfield, Texas 79316 Terry County Attorney Terry County Courthouse lb?: Whether one probation office may serve two judicial counties districts located in different Dear Mr. Prultt: 1607 Main St., Suite 1400 Dallas, TX. 75201-4709
You have requested our opinion as to whether one joint probation 2141742-6944 office may serve, two judicial districts in different counties. Your 4624 Alberta El Paso, TX. 79905.2793 9151533.3464 Ave., Suite [160] Terry, Yoakum, Hockley, and Cochran counties since apportionment question concerns the legality of the situation which has existed in legislation became effective on April 8, 1981. Article 199, V.T.C.S., 9121 (121st Judicial District), §3.112 (286th Judicial District). All
four counties had previously comprised only one judicial district and 1220 Dallas Ave., Suite 202 one probation office served all four counties. Under the new Houston. TX. 77002.6966 apportionment, Terry and Yoakum counties comprise the new 121st 7131650-0666 Judicial District, while Cochran and Hockley counties comprise the new
286th Judicial District. 806 Broadway. Suite 312 Lubbock, TX. 79401-3479 Subsequent to the effective date of the apportionment 8061747-5238 legislation, the judges of the new 121st Judicial District and the new
286th Judicial District acted to continue the probation department under the same administrative structure. However, the same probation 4309 N. Tenth, Suite B personnel are now employed by both judicial districts. The new McAllen, TX. 76501.1665 5121662-4547 probation office is known as the 121st and 286th Judicial Districts
Probation Department. According to the Executive Director of the Texas Adult Probation Commission, this probation department has fully 200 Main Plaza. Suite 400 met the standards set by the commission for a probation officer for San Antonio, TX. 76205.2797 each district, and this method, in fact, appears to be the most 5121225-4191 efficient, cost-effective method of providing adequate probation services to these four counties. An Equal Opportunity/ Affirmative Action Employer Section 10 of article 42.12 of the Code of Criminal Procedure
provides:
For the purpose of providing adequate probation the district judge or district judges SfZViCeS. trying criminal cases in each judicial district in this state shall establish a probation office and employ, in accordance with standards set by the commission, district personnel as may be necessary to conduct presentence investigations, supervise and rehabilitate probationers, and enforce the terms and conditions of misdemeanor and felony probation. If two or more judicial districts serve a county, or a district has more than one county, one district probation department shall serve all courts and counties in the districts.
This provision clearly indicates that the legislature contemplated the establishment of one probation office "in each judicial district." Where the language of a statute is plain and unambiguous, it ordinarily will be literally construed. Trimmier v. Carlton, 264 S.W. 253, 258 (Tex. Civ. App. - Austin 1924), aff'd on other grounds, 296 S.W. 1070 (Tex. 1927); Brasos River Authority v. Graham, 354 S.W.Zd 99, 109 (Tex. 1961).
Furthermore, section 10 itself creates two exceptions: a single district probation office is permitted (1) in a multi-district county (two or more judicial districts in a county; and (2) a multi-county district (a district includes more than one county). The statute does not authorize a single probation office for the situation you describe: a multi-county, multi-district area. Where a statute contains one or more specific exceptions, the usual implication is that no other exceptions are applicable, and that the statute should apply in all cases not excepted. State v. Richards, 301 S.W.Zd 597, 600 (Tex. 1957); Federal Crude Oil Company v. Yount-Lee Oil Company, 52 S.W.Zd 56, 60 (Tex. 1932).
SUMMARY A joint probation office for the 121st and 286th Judicial Districts is not authorized by statute, and is. hence, impermissible. Each district is required to establish and maintain its own distinct probation office.
Very truly yours, L-l MARK WHITE Attorney General of Texas JOHN W. FAINTER, JR.
First Assistant Attorney General
RICHARD E. GRAY III
Executive Assistant Attorney General
Prepared by Rick Gilpin
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Susan L. Garrison, Chairman
Jon Bible
Rick Gilpin
Patricia Hinojosa
Jim Moellinger
Bruce Youngblood