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THE AvrrORNEY GENERAL OFTEXAS

WAGGONER CARR**~T'll'OlRNE""** GENERAL



### Honorable Doug Crouch District Attorney Tarrant County Fort Worth,Texas

Dear Mr. Crouch: AUSTIN 11,. TEXAS



### April 14, 1965
Opinion No. C-422 Re: Whether the office of Justice of·the Peace in

### Tarrant County has the same authority to conduct inquests and order autopsies now, as it did prior to January 1, 1965, and related questions. Your letter

.requesting an opinion of this office reads inpart as follows: "According to information received from the FOI't Worth Chamber of Commerce, the 1960Federal Census'showed Tarrant County to have a population of 538,495. Section 1 of Article 989a of the Texas Code of Criminal Procedure provides that, effective January 1, 1965, the,.Commissioners'

. Court of any countyhaving a population ofmore than 500,000 shall establish andmaintain the office of Medical Examiner. The Tarrant County Commissioners' Court has not appointed a Medical· E;x:aminer as of the date of this writing

. .The Justices of the Peace have c. ontinued to perform their !'unctionsundel" their authority as it existed prior to January 1, 

### 1965. · . "Does the office of the Justice of the Peace inTarrant Countyhave the same authority to conduct inquests and or.der autopsies now as'it did prior to January 1, 1965, and will that authority continue in effect·in that office until such time as the Tarrant County Medical Examiner is appointed and qualified?

. "Will a ciuly licensed doctor performing an autopsy at the instruction of a Justice of the

-1987-Hon. Doug Crouch, page 2 (C-422)

Peace be held liable in damages between**Januar~** 1, 1965, and such time as the Commissioners appoint a Medical Examiner for performing an illegal operation?"

. Section 1 of ·Article 989aJ Texas Code of Criminal Procedure, prescribes statutory basis for the officer ofMedical Examiner and provides in part: "Subject to the provisions of this Act, the Commissioners Court of any county having a population ofmore than five hundred thousand (500,000) and not having a-reputable medical school as deffned in Article 4501 and 4503, Revised Civil Statutes of Texas, shall establish and maintain the office of Medical Examiner..•." The following statutory provisionprevents public conveniencefrom suffering because of vacancies in office, Section 12 of Article 989a provides in**~art:** "When the Commissioners Court of any county having a population of one,hundred twenty thousand (120,000) or more, according to the last preceding Federal Census,

- shall establish the office of Medical Examiner., all powers and duties of Justice of the Peace in such county relating to'the investigation of deaths and inquests shall vest in the office of Medical Examiner._. . . '."

. \ It is our opinion that·Section 12 is controlling 

### as to the duties of' the Justic;e of the Peace

-when the office ofMedica Examiner has not been established. Until the office ofMedical Examiner is established as required in the mandatory language of Section 1 by the Commissioners' Court and an offi.cer has been appointed, and duly·qualified, the office of the Justice of the Peace inTarrant County has the same authority to conduct in 

### 65

- quests and order autopsies as it did prior to January 1, 19

. second The answer to your first question requires your question to be answered in the negative. SUMMARY The office of Justice of the Peace inTarrant County has the same authority to conduct inquests and order autopsies as it did prior to January 1, 1965, until the office of Medical Examiner is established and an officer appointed by the commiSsioners' Court and duly qualified.

-1988-

### Doug Crouch, page 

### 3 (C-422) lIoP'

GH:mkh APPROVED: OPINION 

### COMMITTEE W. V. Geppert, Chairman Roy Johnson SamKelley Banks C0tt 

### Garrison Very truly yours, WAGGONER CARR Attorney General


### By: Gordon Houser Assistant

PROVED 

### FOR THE ATTORNEY GENERAL Stanton stone

\.

-1989

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