l . 

The Attorney General of Texas 

November 9, 1981 

MARK WHITE 

Attorney General 

Supreme Court Building 

P. 0. BOX 12546 

Austin. TX. 70711 

512147i-2501 

Telex 9101674-1367 

Telecopier 5121475.0266 

1607 Main St., Suite 1400 

Dallas, TX. 75201 

2141742-6944 

4624 Alberta Ave., Suite 160 

El Paso, TX. 79905 

915/533-3484 

1220 Dallas Ave., Suite 202 

Houston, TX. 77002 

713/650-0666 

606 Broadway, Suite 312 

Lubbock, TX. 79401 

6061747-5236 

4309 N. Tenth, Suite B 

McAllen, TX. 76501 

5121682.4547 

200 Main Plaza, Suite 400 

San Antonio, TX. 76205 

512/225-4191 

An Equal OppOriunitYl 

Affirmative Action Emplow 

Mr. Maurice S. Pipkin 

Executive Director 

state commission on 

Judicial Conduct 

211 Reagan Building 

Austin, Texas 78711 

Opinion No. m-387 

Re: Whether person appointed 

county court of law judge 

pursuant to article 1970-341, 

section 6 must comply with 

requirements of elected judge 

Dear Mr. Pipkin: 

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 

validly appointed judge of the County Court of Law in Hidalgo County. 

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 

qualifications of the judge thereof are specified in section 6 of 

article 1970-341, V.T.C.S.. which states: 

Sec. 6. There shall be elected in Hidalgo 

County by the qualified voters thereof, at each 

general election, a Judge of the County Court at 

Law of Hidalgo County who shall be a regularly 

licensed attorney at law in this State, and who 

shall be a resident citizen of Hidalgo County, and 

shall have been actively engaged in the practice 

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) 

wars and until his successor shall have been dulv 

elected and qualified. As soon as this Ac; 

becomes effective, the Commissioners Court of 

Hidalgo County shall appoint a Judge to the County 

Court at Law of Hidalgo County, who shall hold 

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 

p. 1314 
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 

. . 

p. 1315 
Mr. Maurice S. Pipkin - Page 3 (Mw-387) 

APPROVED: 

OPINION COMMITTEE 

Susan L. Garrison, Chairman 

James M. Allison 

Jon Bible 

Rick Gilpin 

Jim Moellinger 

p. 1316