June

Honorable John Connally Governor of Texas Austin, Texas 27, 

### 1963 Opinion No. C- 103

Dear Governor Connally: Re: Residency requirements of JudicialOfficers of the Twelfth and Thirteenth Supreme JudicialDistrict. This Is to acknowledge dated June 24, 1963, from which receipt of your opinion request we quote: "HouseBill 68, Chapter 198, Acts of the Fifty-, Eighth Legislature creates two new Courts of Civil Appeals effectiveSeptember 1, 1963, to be located\ at Tyler and Corpus Christl. Sections 4 and 5 of the Bill provide that the Governor shall appoint the chief justice and two associate justices for each district 'who shall reside in the territorial limits of the [$irticular Supreme JudicialMstricg and who shall possess the qualifications now required by law.’ "Will you please advise me what constitutes compliance with the residencerequirement for these judicial offices? Does the appointeehave to be a resident of the district at the time of appointment; and, If so, Is any' particular length of residency required?" The languageof Sections 4 and 5 of House Bill 68, Chapter 198, Acts of the 58th Legislature, Regular Session, 1963, read In part as follows:

"Sec. 4. On or before September 1, 1963, the Governor shall by and with the consent of the Senate, If in session, appoint one chief and two (2) associate justices for the Twelfth Supreme JudicialDistrict,who shall each reside In the territoriallimits of the - 'Twelfth

Supreme fudicial District, and who shall possess

-508-GovernorJohn Connally,page 2 (C-103 )

the qualifications now required by law, who shall constitute the Court of Civil Appeals within and for the Twelfth Supreme Judicial District,.
. ."(Emphasis added). "Sec. 

### 5. On or before September 1, 1963, the Governor shall by and with the consent of the Senate, if in session.annoint one chief and two (2) associate justices for the-jChlrteenth Supreme JudlciaiDistrict, who shall each reside In the territoriallimits of the 'Phlrteenth

Supreme Jiidiclal

Mstrlct, and who shall possess the qualifications now requiredby law, who shall constitutethe Court of Civil Appealswithin and fzr the Thirteenth Supreme JudicialDistrict,

. . . (Emphasis

added). The appointees

are thus required to be residentsof the district at the time of their qualificationfor office. There are no constitu-. tional or statutory provisionswhich would requirea person to be a residentof the district prior to his appointment.

You are therefore'~advised that a person would not have to reside In the territorial limits of the TwelfthSupreme Judicial Dlstrlct~

or the ThirteenthSupreme JudicialDistrictat the time .of his appointment, but must reside thereinat the time of his qualifyingfor the office.

Residencyat the time of qualification for office Is a questionof fact dependent upon the physical locationof the lndlvldual coupledwith his acts and intentions. AttorneyGeneral's OpinionNO. 

### w-3382 (1941).

SUMMARY Judicialofficers for the Twelfth and Thirteenth Supreme JudicialMatrlcts ap8ointed by the Governor under the terms of Chapter 19 , Acts of the 58th Legislature,Regular Session, 1963, must reside within their respective

district at the time of their qualification for office,but do not have to reside thereinat the time of the appointment. Yours very truly, WAGGOWER CARR JR:mkh General

PGovernorJohn Connally,page 

### 3 (C- 

### 103 )

APPROVED: OPINION CONNIm W. V. Geppert,Chairman John Reeves Ben Harrison J. S. Bracewell Howard Fender REVI%WEDFORTREAT!CORNEYGENERAL By: Stanton Stone

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