Case Information
*1 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 sleatarl Inay 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 321 his Fowt, and k&is d&s- 19 oOmlfYod to the uovek'i3ar, qualiffoatiim thu ixw3rnor may requik-8 wdg0 of any other of such Courts to exchange benohea or districts with the disqualiS5ad JwIge, and lzpy, at any time, require any of suah Jttig~~ *2 'Honorable r;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 dlsqualifleation of 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 ofrcumetaacss the praetiaing lawyers of Court may elect a opeeial, ;iudge of s&i Cowtinthe mme mamer aa prpraidedincbap- ter 1 Of Title 40 of the k3rtUJd citii 8t8fUt6s of 1025, and sucih special Judge rhea so elected shall have am3 cuero%se all the powers and du- ties xNuh the regular Jrrdge o? ssid CTeurt oould have and ererciae.w Po r th e *mannerR of th e ela~tfen of 5ueh l clal
judge, we are eent to Uhapter I at Title 4.0, O? the wised r Ciril 2tatutes of 1225.
Renrerfins to thio chauptar, we find that Prtioles -36 only ones- pe+ti.nent to our 188~ and 2893 -6 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 oaurt aad proceed with the bu8iness there- ot.*
*Like eleotions way 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 l diecwera the intention of the Legislature with 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 anticipation that notwIthstanding the 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 subsequent day of the term the regular judge tight return and remme his dutieo, or 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 repeated eleotlons during the term , aoaording as the regular jwlge might return and again fail or refuee to hold the court.
The language of Artlale 1603 aeoantuatea the construction just given to the quoted words from Artl0le lsiIr . Article 1883, however, ooata%na the Zollo~Ir)a lan- gnage, which is aen more &gnificant. It provideal *Like elections may be held from time to time during the tenh to supply the absence of a judge.
#Yom thetv3 meager indiaia of intent&on, we are oonstxained to 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 thereafter during 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 n ATfORBi& BEBERAL OF igus A