Case Information
*1 The Attorney General of Texas June 20, 1986 JIM MAlTOX
Attorney General Austin, TX. 70711.254S [51214752501] Telex 910/874-1367 Teleoopler 512147502S9 Supreme Court Building P. 0. Box 1254S Honorable Jim D. Rudd Chairman House Appropriations Committee Texas House of Representatives P. 0. Box 2910 Ret Requirements for election Opinion No. JM-506 to continue as judicial officer by retired statutory county
Austin, Texas 78769 court judges 714 Jackson, Suile 7M) Dallas. TX. 752024Y3S [21417425944] Dear Representative Rudd:
You ask whether a retired statutory county court judge would have to make an election to continue as a judicial officer within 90 days 4S24 Alberta Ave.. Suite 180 after his retiwment even though his retirement may have occurred El Paw, TX. 799052793 years before he became eligible for appointment by the enactment 915/w the Court AdminirXration Act, Acts 1985, 68th Leg., ch. 732, at 5284.
Also, a question has been raised as to whether such a judge is subject ~rsol Texas, suite 700 [11312255888] Mon. TX. 77002-3111 to the prohibit%cNns relating to the practice of law imposed on retired judge by former section 44.005, Title llOB, V.T.C.S. conclude that the Court Administration Act does not require a retired
statutory county court judge to make an election to serve within days after his retirement and that the prohibition in section 44.005 806 Broadway. Suite 312 Lubbock. TX. 79401.3479 is applicable to siuch a judge. 9W747-5238
Historicall!r, article 200a, V.T.C.S., authorized and governed assignment of regular, retired, and former district court judges Uog N. Tenth, Suite B the presiding judge of the Administrative Judicial District and by MeAllen, TX. 79501.1885 5121082J547 chief justice of ,the Supreme Court. On May 27, 1985, the Sixty-ninth
Legislature pasrzd the Court Administration Act which, effective January 1, 1986, repealed all of article 200a and enacted in its place 2DO Main Plaza, Suite 400 a new and more comprehensive act for the administration of the courts San Antonio. TX. 782052797 of this state. A#:ts 1985, 69th Leg., ch. 732, at 5284. Cf. Attorney 512l2254191 - General Opinion .I%474 (1986).
An Equal Opportunity/ Section 4.014 of the Court Administration Act provides: Affirmative Actlon Employer
The following judges may be assigned as provid,,d by this chapter by the presiding judge of the atloinistrative region in which the assigned judge resides:
(1) a regular district or county court at law judge in this state;
Honorable Jim D. Rudd - Page 2 ,(J&506)
(2) a district judge who is a retiree under Subtitle E, Title LlOB, Revised Statutes, who has consented to be Eubject to assignment and who is on the list maintained by the presiding judge as required by this section; and
(3) a former district judge or retired or former statutory Eounty court judge who certifies ;; ;~m~esi;M~t;:dge a willingness to serve and prohibitions relating to the PY practice of law ?mposed on a retired judge by Section 44.005, Trtle IIOB, Revised Statutes, and who is on the l:& maintained by the presiding judge as requirc:d by this section. (Emphasis added).
Your question arises from the fact that on the same day that the legislature enacted the Court Administration Act, May 27, 1985, the legislature also passed :hapter 602, which became effective on September 1, 1985. Chapter 602 made extensive changes in the state's judicial retirement system, retaining one program for current judges and creating a separate program for future judges. It also enacted changes in the prohibition against the practice of law in court by retired judges receiving M annuity under the judicial retirement -. system. Until the express repeal of section 44.005, Title 1lOB. V.T.C.S., by section 17(b) of chapter 602, (effective September 1, 1985). section 44.005 provid,ed that all retirees "receiving an annuity from the [state judicial] ,cetirement system may not appear and plead as an attorney in any court of this state." Simultaneously, section 17(a) of chapter 602 amendc:d article 200a to provide that only judges retired under the judicial :retirement system who make an election to serve on assignment as a judicial officer are prohibited from such court appearances. Chapter 602, section 17(a) specified that the election must be made ,vLthin 90 days after retiring and is irrevocable.
The assignment of statutory county court judges is authorized and governed by the Court Admixtstration Act. The dominant consideration in construing that statut'z is the intent of the legislature. See Calvert v. Texas Pi e Line Co., 517 S.W.2d 777 (Tex. 1974). Arti= 200a-1, section 4.014, shich specifies the judges subject to assignment, includes a retired statutory county court judge who certifies a willingness to serve and a willingness to comply with the same prohibition relating to the practice of law imposed by section 44.005, subtitle E of Title llOB, on the judges who are retired under the judicial retirement syrttem. Statutory county court judges are not included in the state judicial retirement system and the provisions of subtitle E are not directly applicable to them. The Court Administration Act, however, made the provisions of section 44.005 *3 Honorable Jim D. Rudd - Paf;e 3 (JM-506)
I-
;;ply5to statutory county icourt judges by its reference to section
. .
Reference statutes are an approved method of legislation. See Trimier v. Carlton, 296 :S.W. 1070, 1074 (Tex. 1927). It is-;;;; established rule of statutory construction that a statute which adopts the provisions of another fitatute by specific reference to the statute or provisions that are adopted has the same effect as though the statute or provisions adopted had been incorporated bodily into the adopting statute. A statute of specific reference incorporates such provisions only as they I!xist at the time of adoption unless the language of the adopting act evidences legislative intention that the referenced statute was adopted as it then existed and as it might later be amended. See St. I?aul Mercury Insurance Co. v. Billlot, 342 --- S.W.2d 161, 163 (Tex. Civ. APP. - Beaumont 1960, writ ref'd); Attorney
General Opinions JM-237 (IL984); H-294 (1974). Texas courts have stated that a statute by reEerence to another statute may incorporate in it the provisions of fcrmer law, although the former law may have expired or may have been ,capealed. A law so referred to in another law, and made a part of it, does not operate by its inherent force, but takes effect from the statute in which it is incorporated.
Western Casualty 6 Surety '2. v. Young, 339 S.W.2d 277 (Tex. Civ. App. - Beaumont 1960, writ ref'tl). It is our opinion that the legislature, F by the enactment of the Court Administration Act, intends the
eligibility of statutory county court judges for assignment to be dependent on their complfance with the language in former section 44.005, which states that I:hey may not appear and plead as an attorney in any court in this state,
To be eligible for assignment, section 4.014(3) of the Court Administration Act requirt!a; a statutory county court judge also to certify to the presiding 'ctdge a willingness to serve on assignment, but the Court Administrat& Act imposes no deadline on the date of such certification. Section 17(a) of chapter 602 amended article 200a to require a retiree under the state judicial retirement systems to make an election to be a judicial officer by submitting written notice of the election to the chbef justice of the Supreme Court within 90 days after retiring. After making such an election, the person could never again practice in the courts of this state. Art. 200a. S4a.
See also Government Code Title 2, §75.001 (election to remain as judicial officer by retire's under subtitle E, Title 1lOB. V.T.C.S.).
A question has been raised as to whether the provisions of article 200a, section 4a. as enacted by chapter 602, apply to the election to serve on assignment by a retired statutory county court judge. We conclude that the legislature does not intend the provisions of article 200a, section 4a. to,apply to retired statutory county court judges. Article 200a. section 4a, applies directly only We find no to retirees under the state judicial retirement system. *4 Honorable Jim D. Rudd - Pag? 4 (JM-506)
indication in the Court Administration Act that the legislature intended to adopt the provisions of article 200a by reference, especially since the Court .Administration Act expressly repealed all of article 200a effective on January 1. 1986. Acts 1985, 69th Leg., ch. 732. 05. at 5309.
SUMMARY The Court Administration Act does not require a retired statutory #county court judge who wishes to serve on assignmc:c;t to make an election to serve within 90 days af'ter his retirement. but requires compliance with former section 44.005, Title llOB, V.T.C.S.
Jzh
MATTOX Attorney General of Texas JACK BIGHTOUER
First Assistant Attorney Gen,eral
MARY KELLER
Executive Assistant Attorney General
ROBERT GRAY
Special Assistant Attorney G,eneral
RICK GILPIN
Chairman, Opinion Committee
Prepared by Nancy Sutton
Assistant Attorney General