# THEA ORNEY GENERAL OF%-EXAS AlJS1IN 11. TEXAS FVILL WILSON ATrORNEYDENERAL August 2, 1962

Honorable W. C. Lindsey Criminal District Attorney Jefferson County Beaumont, Texas Opinion No. WW- 1411 Re: Who is responsible for the June collection deposited in the fee account ofsuspended Sheriff C. **H.** “Charley” Dear Mr. Lindsey: Meyer and related questions.

You have requested an opinion from this office onthe following questions:

1. Who is responsible for the June collections that were deposited to the C. H. “Charley’! Meyer account?

2. Who should sign the checks todistribute the funds~now in that account?

3. There was a shortage ipthe Meyer account for which restitution has been made to the County and deposited ina special C. H. “Charlgy” Meyer account. However, these funds have not been disbursed. Who, now, has the authority to sign the checks to,disburse these funds,now in the C. H. “Charley” Meyer special fund?

These questions grow out ofthe rem.o-;ral suit action instituted against C. H. “Charley” Meyer, the elected Sheriff of Jefferson County, Texas, and filed inthe 60th Judicial District Court of Jefferson County, Texas, onMarch 27, 1961. On May 21, 1962, the State took anonsuit inthis case. The State, on May 31, 1962, filed a removal suit against C. H. “Charley ” Meyer inthe 136th District Court ofJefferson County, Texas, and filed amotion for the suspension of C. H. “Charley” Meyer. Later that day, the defendant, C. H. “Charley” Meyer, filed amotion inthe 60th District Court for the reinstatement of the State’s original removal suit, which motion was set for hearing on June 6, 1962. The Judge ofthe 136th District Court issued an order temporarily suspending C. H. “Charley ” Meyer as Sheriff ofJefferson County, Texas, and appointed Richard E. Culbertson to serve as Acting fjlvariff of JeffersonHonorable W. C. Lindsey, page 2 (WW-1411)

County, Texas, onMay 31, 1962. Later onthe same day, an order was signed by the Judge ofthe 60th Judicial District Court, enjoining Culbertson from acting as Sheriff.

Gn June 6, 1962, Judge Gary ofthe 60th Judicial District Court signed an order reinstating the original removal suit and thereby setting aside the nonsuit order that had been granted previously; also, he enjoined Culbertaon from acting as Sheriff.

A writ ofmandamus was granted by the Supreme Court of Texas in The State of Texas, ex rel. George Dis&an,~ e; al. v. Honorable Gordon D. Gary, District Judge, Tex.

-’ (Sup.ct.
. July 2, 1962). The Court,’ in its opinion, said, inzt:

“We hold that the order purporting to reinstate Cause No. B-77,303 on the docket ofthe 60th District Court dated June 6, 1962, and the injunctive ancillary orders contained inthe decree hearing on said date are nugatory and void for the reasons herein set forth and should accordingly be expunged from the records of said 60th District Court. ” The above opinion holds that the 60th District Court’s temporary restraining order, enjoining and restraining Richard E. Culbertson from acting or purporting to act as Acting Sheriff ofJefferson County, is null andvoid and that the order ofthe 136th District Court, appointing him Acting Sheriff, is avalid order.

C. H. “Charley” Meyer was the duly elected and legally qualified Sheriff ofJefferson County, ‘Texas, up toand onMay 31, 1962, when the 136th District Court, in Cause No. D-79, 254, ordered his suspension. Onthe same day, by order ofthe 60th District Court, the Acting Sheriff, appointed by order ofthe 136th District Court, was restrained from acting and C. H. “Charley” Meyer continued tooccupy and carry out the duties of the office of Sheriff ofJefferson County, Texas, until the opinion ofthe Supreme Court on July 2, 1962.

Duly elected officers suspended from office by a court of compe - tent j@sdiction, pending removal proceedings, are dejure officers. -- Attorney General’s Opinion WW-1064. Meyer collected fees due the office ofSheriff during this time period.- -

Honorable W. C. Lindsey, page 3 (WW-1411)

Article 6877, Vernon’s Civil Statutes, provides:

“When any sheriff or any constable shall from any cause vacate his office, all unfinished business whatsoever inhis hands shall be transferred tohis successor, and be completed by him inthe same manner as if commenced by himself. ” Inanswer toyour questions, it is the opinion ofthis office that the fees collected by theDDE jure sheriff and currently carried inthe C. H. “Charley” Meyer acc&Ge subject to be disbursed byand onthe authority of the Acting Sheriff, Richard E. Culbertson, as unfinished business ofthe office ofSheriff when heassumed the office. Article 6877, V. C.S., supra. All other unfinished business should be completed by the Acting Sheriff.

SUMMARY

Richard E. Culbertson, Acting Sheriff ofJefferson County, is the only~person authorized to sign checks distributing funds collected by SuspendedSheriff, C. H. “Charley” Meyer, from May 31, 1962, to July 2, 1962. All other unfinished business left by C. H. “Charley” Meyer should.be completed by the Acting Sheriff. Very truly yours, WILL WILSON Attbrney General of Texas

BY Charles R. Lind CRL/sh/Pe Assistant Attorney’General APPROVED: OPINION COMMITTEE: W. V. Geppert, Chairman J. Gordon Zuber Bill Colburn Ben Harrison W. 0. Shults REVIEWED FOR THE ATTORNEY GENERAL BY: Leonard Paaamore