- . 

November 13, 1962 

Honorable Jules Damiani, Jr. Opinion No. WW-1471 

Criminal District Attorney 

Court House Re: Whether the Judge of the 

Galveston, Texas Court of Domestic Relations 

of Galveston County 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 Relations has concurrent jurisDear Mr. Damiani: diction. 

From your letter requesting an opinion of this office, 

we quote the following: 

II . . . 

"After the Court of Domestic Relations became 

effective, the DIstrictCourts of Galveston County, 

by agreement, transferred to said Court all divorce 

cases in which the custody , visitation and support 

of minor children was 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 children are involved have been 

filed In the Court of Domestic Relations and all 

other divorce cases are filed in the District Courts. 

As a practical matter, there are times when a dlvorce case in which no minor children are involved may 

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 Domestic Relations 

Court is available. 

"Will you please give us your official opinion 

as to whether or not, under the present law, the 

Judge of the Court of Domestic Relations of Galveston 

County has the right and authority to act as Judge 
Hon. Jules Damiani, Jr., page 2 (WW-1471) 

of a District Court of said county in a divorce 

case or other case pending in said District Court 

of which said Court of Domestic Relations has concurrent jurisdiction." 

By the provisions of Article 5, Section 1 of the 

Constitution of the State of Texas, "The Legislature may establish such other courts as it may deem necessary and prescribe the jurisdiction and organization thereof, and may 

conform the jurisdiction of 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 Domestic Relations for Galveston County. 

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 jurisdiction may be transferred to or instituted in said Court; said Court and 

the Judge thereof may transfer any such cases, complaints, or other matters to any District Court of 

Galveston County having jurisdiction thereof under 

the laws of the State of Texas, with the consent of 

the Judge of such Court, and the Judge of such District Court may try all such cases, complaints, or 

other matters which may be so transferred. 

of a District Court of Galveston County may * 

discretion preside as Judge of the Juvenile Court and 

the Court of Domestic Relations and hear and determine 

all such cases, complaints, or other matters over which 

the Judge of such District Courts has jurisdiction under 

the laws of the State of Texas, with the same authority 

to act as Presiding Judge 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 

Court Room, the court room of any other District Court 

within the county, or the Court of Domestic Relations 

and hear and determine any case, complaint, or matter 

ending in th Court of Domestic Relations, . . ." 

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

By this Section it is specifically provided that any 

Judge of a District Court of Galveston County may preside as 

Judge of the Court of Domestic Relations and hear and determine 

any case, complaint, or matter pending In said Court. This 

Section is absent of any such authority being granted the Judge 

of the Court of Domestic Relations. Further examination of 

the other sections of Article 2338-16, supra, fails to disclose any such grant of authority. 

From time to time the Legislature, in its wisdom has 

created Courts of Domestic Relations in other counties of this 

State. One of these statutes, Article 2338- 9, Section 9, Vernon's Civil Statutes, provides: 

"Sec. 9. Immediately after this Act takes 

effect, all divorce cases now pending in the District Courts of Dallas County shall be transferred 

to the Court of Domestic Relations court created 

by this Act. Thereafter, the Judges of the District Courts or of the Juvenile Court of Dallas 

County may transfer any case, within the jurisdiction of the Court of Domestic Relations created 

by this Act, to said Court of Domestic Relations, 

and the Judge of the Court of Domestic Relations 

may transfer any case pending in said court, with 

the consent of the Judge, to any other District 

Court or the Juvenile Court 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 jurisdiction of the Court of 

Domestic Relations created by this Act. 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 hereafter be authorized by 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 coming within the .jurisdiction of the Court 

of Domestic Relations. No such provision is found in Article 2338- 

16, supra. 
- . 

Hon. Jules Damiani, page 4 (WW-1471) 

Under Article 2338-16, supra, the Legislature has not 

deemed it necessarv to arant authoritv to the Judge of the Court 

for a District Court, 

absence of such grant, 

Domestic Relations canof Domestic Relations to sit or preside 

We therefore are 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 County has 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 Domestic Relations has 

concurrent jurisdiction. 

Sincerely, 

WILL WILSON 

0LB:mkh 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Charles Lind 

Cecil Rotsch 

Ernest Fortenberry 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: Leonard Passmore