• 

THE AvrrORNEY GENERAL 

OF TEXAS 

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 

in part as follows: 

"According to information received from the 

FOI't Worth Chamber of Commerce, the 1960 Federal 

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 county having a population of more 

than 500,000 shall establish and maintain 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 !'unctions undel" their authority as it 

existed prior to January 1, 1965. · . 

"Does the office of the Justice of the Peace 

in Tarrant County have 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 of Medical 

Examiner and provides in part: 

"Subject to the provisions of this Act, 

the Commissioners Court of any county having 

a population of more 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 provision prevents 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 of Medica 

Examiner has not been established. Until the office of Medical 

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 in Tarrant County has the same authority to conduct in65- 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 in Tarrant 

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 

Sam Kelley 

Banks 

C0tt Garrison 

Very truly yours, 

WAGGONER CARR 

Attorney General 

By: 

Gordon Houser 

Assistant 

PROVED FOR THE ATTORNEY GENERAL 

Stanton stone 

\. 

-1989 ...