1 ,

March 30, 1970

Mr’

.Wiley L. Cheatham Opinion HO. hf-603 District Attorney 24th Judicial District Re: Authority of a Cuero, Texas 77954 Justice of the Peace to hold court Dear Mr. Cheatham: on Sunday. Byletter of recent date you have Inquired: “Maya Justice of the Peace accept a plea of guilty, render ajudgment, or execute other official duties on Sunday?’ In our opinion aJustice of the Peace mayhold court on Sunday for the purpose of trying criminal cases, and mayon Sunday enter judgment and sentence and collect fines in such criminal cases. Article V, Section 19, Constitution of the State of Texas, relating to Justices of the Peace, includes the following: “Andthey shall hold their courts at such times and places as maybe provided by law.” (Emphaeisd.) In our opinion the applicable law, enacted pursuant to the quoted constitutional provision, is found in Article 4.15, Texas Code of Criminal Procedure, enacted in 1965. That article provides in the first sentence that “Justice courts and corporation courts maysit at any time to try criminal cases over which they have jurisdiction.” (E - phasis added.) The remainder of the article relates tt the rules of evidence to be followed where a fine maybe assessed. Before the 1965 revision of the Code of Criminal Procedure the first sentence of the newArticle 4.15, as quoted above, comprised Article 63, Code of Criminal Procedure. Relevant to this discussion is the provision in Article 2351, Vernon’s Civil Statutes, to the effect that the commissioners court shall “fix the times and places of holding justices court

-” In our opinion Article 2351 is controlling with regard to the duty of the commissioners court to fix the place of holding justices court and the time for holding justices court for civil proceedings. Wehold, however, that Article 4.15, aspecific statute expressly directed to the trying of criminal cases of amisdemeanor nature, is clear and unambiguous and constitutes express authority for the Justice of the Pease to try such cases at any time, including Sunday. -2875-Mr. Wiley L Cheatham, page 2, (~-603)

You have cited Price v. State, 157Grim. Rep. 625, 2:g7;.W.2d 167 (1952); Shearman v. State, 1Crim. Rep. 215 ; Brownv. State, 32Grim. Rep. 119, 22S.W. 596 for the holding that “the court has noauthority to render ajudgment on Sunday, and that ajudument entered of recorf onthat day is not only erroneous; b;t is absoluteSee also in this connection blcKinney v. State 8 gxfliidp: 626,(1880); Walker vsState, 1-33~) * Powers v. State, 23Tex.App. 42 5S.W. 15~(C%t if Appeal;, MU,‘); and Guerrera v. State, 125 S.W.2d 595, 596 (Court of Criminal Appeals, 1939). Weare of the opinion that these cases adonot create a conflict with our holding in this opinion, since each of these cases dealt with a felony case in district court. Their holdings are not directly applicable to misdemeanor prosecutions in the Justice or Corporation Courts. Furthermore, the Price and Shearman cases, as well as the Guerrera case, each- that ajudgment could not be entered on Sunday absent a permissive statute. It is in Article 4.15, and before that in Article b3, that the Leaislature has nrovided by law, pursuant to Article V, Se&i& 19, Constitution of Texas, the requisite permissive statute where the proceeding is amisdemeanor prosecution in aJustice Court.

SUMMARY AJustice of the Peace mayhold court on Sunday for the purpose of trying criminal cases, andmay on Sunday enter judgments and sentences and collect fines in such criminal cases pursuant to Article 4.15, Texas Code of Criminal Pr’ocedure e 

# Ved truly yourgi, 

# 6 RTIR yGeneral of Texas Prepared byJames S. Swearingen Assistant Attorney General

-2876-Mr. Wiley L. Cheatham, Page 3, (M-603)

APPROVED: OPINIONCOMMITTEE Kerns Taylor, Chairman W.E. Allen, ACting Co-Chairman

Charles R Parrett Glenn Brown Gordon Cass Vinck Taylor MEADE F. GRIFFIN Staff Legal Assistant ALFREDWALKER Executive Assistant NOLAWHITE First Assistant

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