Honorable ReubenWlliams Searetary

to 'the Governor Auustin,

Texas
Dear Mr. Williams: OpinionNo. O-1586 Ret hthority of Governor to appoint an attorney

to try a suit where the regular judge is disqualified. This department

acknowledges

receiptof your letterof the 9th inst., in which you stats,

'Mr. J. F. Hair,Attorneyfor the Plaintiffs in Cause Ho. 62361, the Stata of Texas,et al V. Gulf ProduationCompany,

at al, pending in the 63rd Judicial Distriot

Court of Travis County, Texas,has requested Governor

O%~nisl to appointa speoial Cistrict

Judge to presidein said Cause for the reason that all four Judges in the Administrative Judioial

Distriot,

inoluding the presiding

Judgebefore

whom the ease is pending, are disqualified

to sit in this case and for the reason that Mr. Hair will not agree upon the appointment of an attorney

to aat as SpecialJudge. "Itisoxrr understanding that underArticle 1985, Revised Civil Statutes, 1925, the Governoris authorized to designeta

some District

Judge in an adjoining district to exchange

bentihes

and try a aasewhen the presiding judge has oertified his disqualification to the Govarv:o?. Mr. Bair has taken the position that Article 1885 does not apply to thotie oasespendingin a Distriot Court where thwpresiding Judge of the AZPninistrativeJudioial District

is disqualified

to try the'case. I will appreciatd

your informing'the Governor

whsthbror not he is authorized

to requestthe Judge before whom this cause is pendingto exchange benches

with a Judge of an adjoining

district

to try this case."Honorable ReubenWilliams,

Page 2 (O-1666)

In the ease of Moore v. Davis, 32 S.W. (2) 161 (Cw. App.), it was held that the admi&trative juacial act of the 40th Legislature (Vernon's

Article 200a) relating to themsigcwnt of Distriot Judges is annulative of other statutes

relating

to the ssnw subject. We see, therefore,

that it is not necessary to consider

this act in an-ring the question propounded

by you. :

In view of the decision in the case of Rarris v. State, 288 S.W. 450 (Courtof Criminal Appeals),

i*tll not be neoessary for us to disouss

the question

whetherparties

to the suit by virtue of Arti 5, Section11 of the Constitution may agree upon an attomey tc try the ease. Your lettar states+hat one of the attorneys will not agree upon the appointment of an attorney

to act a8 specialjudge. This loavesus to a consideration of Article 1665, R.C.S., 1925,which reads as follcwsr

"No changeof venue shall be necessary because of the disqualification of a distriot judge,but he shall immediately

certify

his disqualification to the Gcvemor,'whsraupon the Governorshall designate some diatriot

judge in an adjoining district

to exchange and try such case or oases, snd he shall notify both of said judges

of such ordersand such judges shall exchange

districts

for the purposeof disposing of suoh case or oases, If said judgesbe prevented from exchanging

districts,

the parties

or their counsels ssay agreeupon an attorney of the court for the trial thereof,

and failing

to agree, suoh fact shall be certified

to the Governor

by the District

Judge,or the specialjudge,

whersupon

the Governorshall appoint a person legally

qualified

to aot as judge in the trial of the oa8e.s If the districtjudge before whom the oause is pending has not certified

to the Governor

his disqualification, the Governor

does not have authority to take any actionwhatever with reference

to the ease . Your letterdoes not statewhether the Governor has reoeived

a certificate

of disqualification from the District'

Judge. If the Governor

has reoeived

a oertifiaate

of disqualification from the District Judge,he is not authorized in the first inStan& to appointan attorney as a special judge. See Blanks v. State, 266 S. W. 452 and'Harris v. State, supra. The Govemor~erely has authority

to designate

souse districtjudge in an adjoining district

toRonorable ReubenWilliams,

Page 9 (o-1566)

to exchange

benohes

with the regular judge and to notify both judgesof his order.

If the judges

are prevented

from exchanging

benohes, the parties

to the cause

may then agree upon an attorney for the tril of the *ase. If the partiesfail to agree, suah fact may be oartified

to the Governor by the Distriot Judge,and upon the x-eoeipt of a certificate of the inability

of the parties

to agme, the Governor

may then appcinta person legally qualified

to act as Judge.
Yoursvery truly
ATTORNEY

GENERALOF TEXAS

BY s/H. Grady Chandler Ii. Grady Chamdler iissistti HGG:BT:egr
APPROVED

OCT 14, 1939 s/Robert E. Kepke &stingATTORNEYGENERAL OFTRXAS ApprovedCpinion Compnittae By BWB Chairman