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# 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 ExecutiveDirector state commissionon Judicial Conduct 211 Reagan Building Austin, Texas 78711 OpinionNo.m-387
Re: Whetherperson appointed county court of law judge pursuant to article 1970-341, section 6 must comply with requirementsof elected judge
DearMr. Pipkin:
You have askedwhether a personwho has not been actively engaged in the practice of law for a period of at least four years may be validly appointedjudge of the County Court of Law inHidalgo 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 shallbe a resident citizenof 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 untilhis successorshallhave been dulv elected and qualified. As soon as this Ac; becomes effective, the Commissioners Court of Hidalgo County shall appointa Judge to theCounty 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 subsequentvacancies in the office of theJudge of the County Court at Law ofHidalgo County shall be filled by appointment of the CommissionersCourt of Hidalgo County and when so filled, the said Judge shallholdhis officeuntil

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the next general election and until his successor is electedand qualified. (Emphasisadded). 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 requirementby 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 removalapply to electedand appointed judgesalike.
In our opinion, a personwho has not been activelyengaged in the practice of law for a period of at least fouryears next precedinghis appointmentmay not be validly appointed judge of the County Court at Law inHidalgo County. See Code Grim. Proc. art. 30.03. - SUMMARY
A personwho has not been activelyengaged 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 CountyCourt at Law in Hidalgo County.

-MARK WHITE Attorney Generalof Texas JOHNW. FAINTER,JR. FirstAssistantAttorney General
RICHARDE. GRAY III ExecutiveAssistantAttorneyGeneral Preparedby SusanL. Garrison AssistantAttorneyGeneral ..

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APPROVED: OPINION COMMITTEE SusanL. Garrison,Chairman JamesM. Allison Jon Bible Rick Gilpin Jim Moellinger

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