Case Information
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The Attorney General of Texas November 9, 1981
MARK WHITE
Attorney General Mr. Maurice S. Pipkin Opinion No. m-387
Supreme Court Building Executive Director P. 0. BOX 12546 state commission on Re: Whether person appointed Austin. TX. 70711 Judicial Conduct county court of law judge 512147i-2501 Telex 9101674-1367 211 Reagan Building pursuant to article 1970-341, Telecopier 5121475.0266 Austin, Texas 78711 section 6 must comply with
requirements of elected judge 1607 Main St., Suite Dallas, TX. 75201 [1400] Dear Mr. Pipkin:
2141742-6944
You have asked whether a person who has not been actively engaged in the practice of law for a period of at least four years may be 4624 Alberta Ave., Suite 160 validly appointed judge of the County Court of Law in Hidalgo County. El Paso, TX. 79905 915/533-3484 The County Court at Law of Hidalgo County was created in 1951. See Acts 1951, 52nd Leg., ch. 25, at 33; V.T.C.S. art. 1970-341. The 1220 Dallas Ave., Suite 202 qualifications of the judge thereof are specified in section 6 of Houston, TX. 77002 article 1970-341, V.T.C.S.. which states: 713/650-0666
Sec. 6. There shall be elected in Hidalgo 606 Broadway, Suite 312 County by the qualified voters thereof, at each Lubbock, TX. 79401 general election, a Judge of the County Court at 6061747-5236 Law of Hidalgo County who shall be a regularly
licensed attorney at law in this State, and who 4309 N. Tenth, Suite B shall be a resident citizen of Hidalgo County, and McAllen, TX. 76501 shall have been actively engaged in the practice 5121682.4547 of law in this State for a period of not less than
four (4) years next preceding such general election, who shall hold his office for two (2) 200 Main Plaza, Suite 400 San Antonio, TX. 76205 wars and until his successor shall have been dulv 512/225-4191 elected and qualified. As soon as this Ac;
becomes effective, the Commissioners Court of Hidalgo County shall appoint a Judge to the County An Equal OppOriunitYl Court at Law of Hidalgo County, who shall hold Affirmative Action Emplow this office as such Judge until the next general
election and until his -successor is elected and qualified; any subsequent vacancies in the office of the Judge of the County Court at Law of Hidalgo County shall be filled by appointment of the Commissioners Court of Hidalgo County and when so filled, the said Judge shall hold his office until Mr. Maurice S. Pipkin - Page 2 (MW-387)
the next general election and until his successor is elected and qualified. (Emphasis added).
While the statute requires that persons elected to the office at each general election shall have practiced law actively for not less than four years immediately preceding their election, it does not expressly require that persons appointed to fill the post have practiced law for that length of time prior to their appointment. In our opinion, however, it does impose this requirement by reasonable and necessary implication.
The title of the act creating the court stated it to be, inter m, "[a]* act creating the County Court at Law of Hidalgo County... and the election, qualification, appointment and removal of a judge thereof." The title gives no notice that the qualification of an appointed judge was meant to be different or less demanding than the qualification of an elected judge. On the contrary, it suggests affirmatively that the qualification requirements and the standards for removal apply to elected and appointed judges alike.
In our opinion, a person who has not been actively engaged in the practice of law for a period of at least four years next preceding his appointment may not be validly appointed judge of the County Court at Law in Hidalgo County. See Code Grim. Proc. art. 30.03. -
SUMMARY A person who has not been actively engaged in the practice of law for a period of at least four years next preceding his appointment may not be validly appointed judge of the County Court at Law in Hidalgo County.
-MARK WHITE Attorney General of Texas JOHN W. FAINTER, JR.
First Assistant Attorney General
RICHARD E. GRAY III
Executive Assistant Attorney General
Prepared by Susan L. Garrison
Assistant Attorney General
Mr. Maurice S. Pipkin - Page 3 (Mw-387)
APPROVED:
OPINION COMMITTEE
Susan L. Garrison, Chairman
James M. Allison
Jon Bible
Rick Gilpin
Jim Moellinger