R-481

Hen; SamB, Ball CountyAttorney 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,Novemberand 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' Courtpaaea~ an order on the aubjeot$, a OOpJr sr wiiieb

$8 atteshrdhar.toa
*Reoeatlyplmr Qf guiltyw%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 attorneyreprsuntr ing the dsfandant arrez%ad that the oow viationnw~r(l

*ull aad veld beruse tk@re vati a~ term or aourt uakdor thr law at the tinies of tb6 fourt acceptingtha plea*., He somad not, se that he would oontlnole to raise the peiat until the iasm WBS $quarely jbiglsd,

a@ ‘ISthemtare 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~ Qovrrtpermd a aiew rrdor, HQT!C&W~

Oeubtyway .ahdOS

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

only in legal term time for threeweeks 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 situationuntil additional Legislative provision ie made ror Harrison County.

” * D *

. "By Virtue the Constitution lature to change e 61 Article 5, Se&ion 22 of

whioh authorizesthe Legiethe juriedlotion

of oounty courts, the Lsgi8latureseeins to hare peered three aote making muoh ohanges. In 1011 thr County Court we8 deprivedof 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 countymay hereafterfix the terms of said court whenever it may be deepledae@ossary.' (SeeArt, 1970-223, V.A.C.3. Both the 1911 and 1913Acts sabm t0 have 1ncorporated a general repealingolause: 'Thatall laws and parts of laws in oonflictherewith 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 shallbe subject to tpr;y provisionsas County Courts aenerally h Rhout the State, under the Constitution and Genera1 Laws of the State of TexasO1

"Section2 of this Act conformedthe jurisdictionof the DistrictCourt of Harrison County to the changesmade in jurisdiction made in the County Court. Se&ion 3 repealed all confliotinglek and partsol laws. This
measurewas ef'fectire Maroh 16, 1927,

"It is asserted that under the reasoning of the Court of CriminalAppeals in theHon. Sala B. Hall - Page 3

case of Smith v. State, 183 S. W, 26, 175, all judgmentso? aonviotionentered 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 ArtialeV of the State Constitution pertinenthare Is as iellona~:

W* * * Until otherwiseprovided,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 quotedprovlsi,on ef the Constitution+

Article 1962* 7. C. S+ was passed ia 1885 ana is as roii0ws;

“The aotiaaionars courtmaye at a regular tern thereor,by an order eatrred upon its reaordslprovlda ror more terms of the aonnty aourt for the transaotion or oivil. criminaland probate business,and ffx the times at whiah eaah of the-four terms requiredby the Censtitutionl and the terms exceedingfour, if wf shallbe 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 rromthe date of entry of the original.order rixing such termab (Acts lgbSrpd 55)”

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

*The oounty oourt shall held at least rour terms for both civil and erlminal businessannually,and such ether term each year as may bo fixed by the commissioner8

oourt. After having fixedHo&. aam B. Hall - Page 4

the times and number or the ‘terms ef a oounty court, they shallnot change the
sams until the expiratienor one year* Until, or unlrss otherwireprovided,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 threewmJcao (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 pertinenthere ia am icll.ewrt

“The Ownty Court ahallh&d a tom ror olriL bus%aarrat haat a~~6 in every two montha; and shall dlaposo of probatebualness,either In term tfma or vacationaa may be proridod by law, and aaia court rhall held a term
ror arlmlnalbusiness once in svrrf month a# may be provldodby law. a .”

Insorar as the record reveala, the County Court or Harrison County has ne?er baoa divestedor Jurlaaidion ib arimlml aasalr.

We hnew of no law whloh prohibitsa term er county court la criminalmattersbeing dirferentfrom 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 indicatesthat there may be differeatterma 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 countyaourt of Marion Countyhad 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 settingthe torma of the oourt subsequentto auoh restoratira..’ -
‘

.

Hen. Sam B. Hall - Page 5

The oourtheld thnt the only term of county court in Marion Countywae that 

## set by Section 29 of ArtioleV, aupra, of the Ooraetituflon, whioh shall begin on the firetMondays in February,May, Au@& and November,and may remain in session three weeks. The court held further that the plea of guiltyhaving been made ana judgirsnt

entered on June 24, 1944,was not during a term of court a8 fixed by the Constitution and the Legislatureand thexefore, having bsen entered while “he court was in vaoation,wae void.

The facts in the iaafant differentfrom those in the ty Court or Hsrrlara;P County jurledlation

in orimiaal ,. stitutionand the srtmtutes, the Harrison Countypro+Lded ltb lgQ% tbrt iths

talbne * Omty oourtmight 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 civilmatters aaS d891y)r t&a terms of ,countg

court in oivilmatter@may hav+ Berm changed,”

the term8 or the county o~urt of

OXB!J $ ty ro ~.tirU.nal

cases remainsas tit by uuti until “. aotionr changed

This beiag true, ; .’ L Harrison County in criminalcases Monday in Maroh and continue&for eight reekn fP&# auuh date*
Therefore,in view .oithe iora

are respectfully

advised that it ia the ! T eimg Op uiW ~;&ri# Departmentthat the pleas ef guilty sa&sre(: oh lOth, 1947, and April 26th, 1947,were both had “p B term time, and thereforevalid 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

orlminaloamsg pleas of guilty entered OQ April lOth, 1947, and April 26th, 1947, were both had in term time; thereforevalid in this m&pest, Art, 1962 V, C. S.; Art 589
c. co PO

Yours very truly,

ATTORNEPGENERALOP TEXAS

BAoWR

ATTORNEYGENERAL