R-481 

Hen; SamB, Ball 

County Attorney 

H&rrison Cbunty 

Marshall, Texas 

-In 18SS the County Commiaaionerat 

Court of Harrlcson County., Texea, passed 

an order fixing the terms of hp&dI.ng 

eountr sourt fa thir ocEuaty pr'971tbkbw 

that auoh tars8 might be held begiting 

on the firat Mondays in Jamary, March, 

May, July, September, November and extendiag sight weeks froa eueB dates,. No 

other brd:er siace 16199 meeee~~$o l&am 

been paaasd by suoh court uatI.1~ resterday5 Xay 12, 1947, the ~;~~~~Isei.onerer' 

Court paaea~ an order on the aubjeot$, a 

OOpJr sr wiiieb $8 atteshrd har.toa 

*Reoeatly plmr Qf guilty w%m ascepted hy i&o Cmmty Judge and peaaltiss 

assers04~ one @a April lo,, 1941 and the 

other ozt A@l 26$ $?47r Yotiens for new 

trial were filed ira ataL of these 08888 

aad grasted by the court on other grounds, 

but ia srah ease the attorney reprsuntr 

ing the dsfandant arrez%ad that the oow 

viationn w~r(l *ull aad veld beruse tk@re 

vati a~ term or aourt uakdor thr law at the 

tinies of tb6 

f 

ourt accepting tha plea*., 

He somad not, se that he would oontlnole to 

raise the peiat until the iasm WBS $quarely jbiglsd, a@ ‘IS themtare nqusst ths opIAiOb ab 3 

3 

&wprxtmmt a@ tie whotko~ the 

ple$# at 1%~ mertiorur~d rbwa wore lyal. 

In ether mrdl+ ths &tommy wys that uaid.1 the Grm&rki.anarr~ Qovrrt permd a aiew 

rrdor, HQT!C&W~ Oeubty way .ahdOS the gOa@P 

a1 piwvi*~~onr Of the 8tatuter RB ,Cal;rtLtutiob# a# that Ramiron Ccuatg court *a# 
Don, Sam B, Hall - Page 2 

only in legal term time for three weeks beginning on the first Monday in February, 

May, August and November. He further says 

he has doubt as to whether the present Commissioners' Court oan do anything to reotlfy 

the situation until additional Legislative 

provision ie made ror Harrison County. 

” 

* D * . 

"By Virtue 

the Constitution 

laturee to change 

61 Article 5, Se&ion 22 of 

whioh authorizes the Legiethe juriedlotion of oounty 

courts, the Lsgi8lature seeins to hare peered 

three aote making muoh ohanges. In 1011 thr 

County Court we8 deprived of jurlrdiotlon in 

oivil eaaam by Acts or 1911, pa 90. '(3~ 

Art. 1970-214, V. A. C, 9.) In 1913, this 

law was amended solnewhet by Aots 61 1913, p. 

103, By Seotion 7 or the 1913 sot, it was 

provided 'The oounty aommissionere~ court of 

said county may hereafter fix the terms of 

said court whenever it may be deepled ae@ossary.' (See Art, 1970-223, V.A.C.3. Both 

the 1911 and 1913 Acts sabm t0 have 1 ncorporated a general repealing olause: 'That all 

laws and parts of laws in oonflict herewith 

be and the aame are hereby repealedit (Art. 

1970-217, V.A.C,S,) 

"In 1927 the 40th Legislature passed 

the following: 

'SF%, 1, Hereafter the County Court of 

Harrison County, Texas, shall have the same 

mtion and shall be subject to tpr;y 

provisions as County Courts aenerally h Rhout the State, under the Constitution and Genera1 Laws of the State of TexasO1 

"Section 2 of this Act conformed the jurisdiction of the District Court of Harrison 

County to the changes made in jurisdiction 

made in the County Court. Se&ion 3 repealed 

all conflioting lek and partsol laws. This 

measure was ef'fectire Maroh 16, 1927, 

"It is asserted that under the reasoning of the Court of Criminal Appeals in the 
Hon. Sala B. Hall - Page 3 

case of Smith v. State, 183 S. W, 26, 

175, all judgments o? aonviotion entered 

Kthe Harrison County oourt on any day 

not during the term of the oourt as fixed 

by the Constitution and grneral statutes, 

are void. 

“You may readily uee the lhportanoo 

and gravity o? the situation, and 

careful oomsidrration and ahioe WK. 

very much approa1ated.v 

That part of Seotion 29 of Artiale V of the 

State Constitution pertinent hare Is as iellona~: 

W* * * Until otherwise provided, the 

terms of the County Court shall be held en 

the first Monday in February, Nay, August 

and November, and may re in in srrsiom 

three weeks.* T 

Pursuant to the above quoted provlsi,on ef 

the Constitution+ Article 1962* 7. C. S+ was passed ia 

1885 ana is as roii0ws; 

“The aotiaaionars court maye at a 

regular tern thereor, by an order eatrred upon its reaordsl provlda ror more 

terms of the aonnty aourt for the transaotion or oivil. criminal and probate 

business, and ffx the times at whiah eaah 

of the-four terms required by the Censtitutionl and the terms exceeding four, if 

wf shall be held, not to exceed six maua lg, ana may rir the length or each 

term” When the number of the term8 Of tke 

aouaty eourt has been fixed,, the oourt 

shall not ohange the oram? before one year 

rrom the date of entry of the original. order rixing such termab (Acts lgbSr pd 55)” 

Artiole 1961, V, C* S. Is a8 follswa: 

*The oounty oourt shall held at 

least rour terms for both civil and erlminal business annually, and such ether 

term each year as may bo fixed by the 

commissioner8 oourt. After having fixed 
Ho&. aam B. Hall - Page 4 

the times and number or the ‘terms ef a 

oounty court, they shall not change the 

sams until the expiratien or one year* 

Until, or unlrss otherwire provided, the 

term of the eourty court shall be held 

on the first ?donday.ln February, May 

August and November, and may remain I n 

semion three wmJcao (Const. Amendment 

11383, art. 5, MC. 29)” 

Artlole 586, C.&P., provides that: 

Vach oounty oeurt shall held a 

team for orbhal buaiikesa on the rlridi 

Monday in every aenth, or at suoh ether 

time as may have been fixed in aeeordanon with laws” 

That part of Seatira 17 of Artlola V of the 

State Constitution pertinent here ia am icll.ewrt 

“The Ownty Court ahall h&d a 

tom ror olriL bus%aarr at haat a~~6 

in every two montha; and shall dlaposo 

of probate bualness, either In term 

tfma or vacation aa may be proridod by 

law, and aaia court rhall held a term 

ror arlmlnal business once in svrrf 

month a# may be provldod by law. a .” 

Insorar as the record reveala, the County 

Court or Harrison County has ne?er baoa divested or Jurlaaidion ib arimlml aasalr. 

We hnew of no law whloh prohibits a term er 

county court la criminal matters being dirferent from tha 

term or oourt in oivil.aaws. On the oontrary, in risw. 

of Article 586 C,C,P ,, and Seetioa 17 of A&b QI supra 

it olearly indicates that there may be differeat terma 11 

oounty court for or@bal amd eiril QPSO~. 

The sass of Smith v. State, 183 81 W. (2&j 

175, was one where the county aourt of Marion County had 

been direstad, of jurladioticdn in IL897 ir orklsL1 oasmb 

Juriediotion’1n such aasea was re8trred to the oaunty 

owrt in 193$i, but the Commissioners’ Court or said rounty had never passed any order setting the torma of the 

oourt subsequent to auoh restoratira. 
.’ - 

‘. 

Hen. Sam B. Hall - Page 5 

The oourt held thnt the only term of county 

court in Marion County wae that set by Section 29 of 

Artiole V, aupra, of the Ooraetituflon, whioh shall begin on the firet Mondays in February, May, Au@& and 

November, and may remain in session three weeks. The 

court held further that the plea of guilty having been 

made ana judgirsnt entered on June 24, 1944, was not 

during a term of court a8 fixed by the Constitution and 

the Legislature and thexefore, having bsen entered 

while “he court was in vaoation, wae void. 

The facts in the iaafant 

different from those in the 

ty Court or Hsrrlara;P County 

jurledlation in orimiaal 

,

stitution and the srtmtutes, the 

Harrison County pro+Lded ltb lgQ% tbrt iths talbne * Omty oourt might be held the first MWdafa Sa ifa 

March, May, July, Sbptember aad NoVombW and 

eight weeks rrom suoh dates. Bvea thhough the QeWr 

Oourt had been divesteif of civil matters aaS d891y)r t&a 

terms of ,countg court in oivil matter@ may hav+ Berm 

changed,” the term8 or the county o~urt of 

OXB!J $ 

ty ro ~.tirU.nal cases remains as tit by 

uuti “. until 

aotionr 

changed 

This beiag true, 

; 

.’ L 

Harrison County in criminal cases 

Monday in Maroh and continue& for eight reekn fP&# auuh 

date* 

Therefore, in view .oi the iora 

are respectfully advised that it ia the ! T 

eimg 

Op uiW ~;&ri# 

Department that the pleas ef guilty sa&sre(: oh 

lOth, 1947, and April 26th, 1947, were both had “p B term 

time, and therefore valid in this rwpwot4 

Since the 

riaoa Oounty in 

of coylty court 

days in January, Marob, May, JuXy,, SM$tsmWF 

and November, and ~rtaaQin(: eight weah Pf@a 

such dates, and $urtheF# since the t~ma of 

said County Court heve aovlbr Maa @lunged i% 
. . . _ 

Hon. Sam B, Hall - Page 6 

orlminal oamsg pleas of guilty entered OQ 

April lOth, 1947, and April 26th, 1947, were 

both had in term time; therefore valid in 

this m&pest, Art, 1962 V, C. S.; Art 589 

c. co PO 

Yours very truly, 

ATTORNEPGENERALOP TEXAS 

BAoWR 

ATTORNEY GENERAL