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November 13, 1962

Honorable Jules Damiani, Jr. OpinionNo. WW-1471 Criminal DistrictAttorney Court House Re: Whether the Judge of the Galveston,Texas Court of Domestic Relations of GalvestonCounty has the authority to act as Judge of a District Court of said County in cases pending in said district court of which said Court of Domestic Relationshas concurrent jurisDear Mr. Damiani: diction.

From your letter requestingan opinion of this office, we quote the following:

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. . . "After the Court of Domestic Relationsbecame effective, the DIstrictCourts of Galveston County, by agreement, transferred to said Court all divorce cases in which the custody,visitationand support of minor childrenwas involved and retained in their own courts all divorce cases in which no minor chlldren were involved. "Likewise,all divorce cases filed since that time in which minor childrenare involvedhave been filed In the Court of DomesticRelations and all other divorce cases are filed in the District Courts. As a practicalmatter, there are timeswhen a dlvorce case in which no minor childrenare involvedmay be filed in one of the District Courts, and immediate orders are needed and none of the District Judges are available,but the Judge of the DomesticRelations Court is available. "Willyou please give us your official opinion as to whether or not, under the present law, the Judge of the Court of DomesticRelations of Galveston Countyhas the right and authority to act as JudgeHon. JulesDamiani, Jr., page 2 (WW-1471)

of a District Court of said county in a divorce case or other casepending in saidDistrict Court of which said Court of Domestic Relationshas concurrent jurisdiction." By the provisions of Article 5, Section 1 of the Constitutionof the State of Texas, "The Legislaturemay establish such other courts as it may deem necessary and prescribe the jurisdictionand organizationthereof,and may conform the jurisdictionof the district and other inferior courts thereto."

Under this grant of power, the 57th Legislature in the Third Called Session enacted Senate Bill 101, now codified as Article 2338-16,Vernon's Civil Statutes,which created the Court of DomesticRelations for GalvestonCounty.

Section 10 of Article 2338-16, supra, reads in part as follows:

"Sec. 10. All cases, applications, complaints and all other matters over which the Court of Domestic Relations is herein given jurisdictionmay be transferred to or instituted in said Court; said Court and the Judge thereofmay transferany such cases, complaints, or other matters to any District Court of Galveston Countyhaving jurisdictionthereof under the laws of the State of Texas,with the consent of the Judge of such Court, and the Judge of suchDistrict Court may try all such cases, complaints,or othermatterswhich may be so transferred. of a District Court of Galveston County may * discretionpreside as Judge of the JuvenileCourt and the Court of DomesticRelations and hear and determine all such cases, complaints,or other matters overwhich the Judge of suchDistrict Courtshas jurisdictionunder the laws of the State of Texas, with the same authority to act as PresidingJudge over all such cases, complaints, or other matters for all purposes,and to the same extent as the Judge of the Court of Domestic Relations and such Judge of a District Court of Galveston County, Texas, may sit in his own court room the Juvenile CourtRoom, the court room of any other District Court within the county, or the Court of DomesticRelations and hear and determine any case, complaint,or matter ending in th Court of DomesticRelations,

. . ." Emphasis addgd)Hon. Jules Damiani, Jr., page 3 (ww-1471)

By this Section it is specificallyprovided that any Judge of a District Court of GalvestonCounty may preside as Judge of the Court of DomesticRelations and hear and determine any case, complaint,or matter pending In said Court. This Section is absent of any such authoritybeing granted the Judge of the Court of Domestic Relations. Further examinationof the other sectionsof Article 2338-16, supra, fails to disclose any such grant of authority.

From time to time the Legislature, in itswisdom has created Courts of DomesticRelations inother counties of this State. One of these statutes,Article 2338- 9, Section 9, Vernon's Civil Statutes,provides:

"Sec. 9. Immediatelyafter this Act takes effect, all divorce cases now pending in the District Courts of Dallas County shallbe transferred to the Court of DomesticRelations court created by thisAct. Thereafter, the Judges of the District Courts or of the Juvenile Court of Dallas Countymay transfer any case,within the jurisdiction of the Court of Domestic Relations created by this Act, to said Court of DomesticRelations, and the Judge of the Court of DomesticRelations may transferany case pending in said court,with the consent of the Judge, to any other District Court or the JuvenileCourt of Dallas County. Said Court of DomesticRelations may also sit for any of the District Courts of Dallas County or the Juvenile Court and hear and decide for such courts any case coming within the jurisdictionof the Court of DomesticRelations createdby thisAct. All District Courts of Dallas County, may likewise sit for, hear and decide cases pending in said Court of Dcmestic Relations, as the sitting for, hearing and deciding of cases is now or may hereafterbe authorizedby law for all District Courts of Dallas County." IEmphasis added)
From the language of the above Section, it can be seen that the Judge of the Court of Domestic Relations for Dallas County may sit for any District Court of Dallas County, and hear and determine any case comingwithin the .jurisdictionof the Court of Domestic Relations. No such provision is found in Article 2338- 16, supra.- .

Hon. JulesDamiani, page 4 (WW-1471)

UnderArticle 2338-16, supra, the Legislaturehas not deemed it necessarv to arant authoritv to the Judge of the Court for a District Court, absence of such grant, DomesticRelations canof Domestic Relations to sit or preside We thereforeare of the opinion that In of aut'nority,

the Judge of the Court of not act as Judge of a District Court.

SUMMARY
Under the provisions of Article 2338-16,Vernon's Civil Statutes, the Judge of the Court of Domestic Relations for Galveston Countyhas no authority to act as Judge of a District Court of said County in cases pending in said District Court of which said Court of DomesticRelationshas concurrent jurisdiction.Sincerely,
WILL WILSON

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APPROVED: OPINION COMMITTEE
W. V. Geppert, Chairman Charles Lind Cecil Rotsch Ernest Fortenberry
REVIEWED FOR THE ATTORNEY GENERAL BY: Leonard Passmore