1 . 

T&E ATTORNEY GENERAL 

OF TEXAS 

lbvember 7, 1968 

Iionorrble Riabard IL Price 

District Attorney 

Taylor County Courthouaa 

Abllane, Texas 

Opinion MO. X-305 

Rer Term of the Presiding 

Judge of the 7th 

Administrative Judicial 

.' District under Article 

2008, 8~. 2, Vernon's 

Dear ML. Prices 

Civil Stetutea, in view 

of the stated facts. 

Your request for an opinion on-the abwe subject mstter 

states that on March 12, 1965, the District Judge of the 104th 

Judicial District was designated by the Gwernor of the State of 

Texas as Presiding Judge of the 7th Administrative Judicial 

District. Such appointmant was confirmed by the Texas Senate 

and that district judge qualified as Presiding Judge of the 

7th Administrative District on March 30, 1965. 'You further 

state that he will retire as District Judge of the 104th 

Judicial District of Texas on December 31, 1968. In view of 

the foregoing stated facts you have inquired as to the expiration 

date of the term of the Presiding Judge of the 7th Administrative 

Judicial District under the prwisiona of Section 2 of Article 

ZOOa, Vernon's Civil Statutes, as amended in 1965. 

As origlnally enacted in 1927 by the 40th Legislature, 

Section2 of Article 20Oa, Vernon’s Civil Statute& provided 

'? as follartac 

*Sec. 2. Imaedlptely after this act 

becomes effective it shall be the duty *of the 

Governor, with the advice and consent of the 

LSenate, to designate one of the.regularly 

elected and commissioned district judges of 

each of said districts as Presiding Judge of 

the Administrative Judicial District. Upon.the 

death, resignation or the expiration of the . 

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Hon. Richard M. Price, page 2 (n-305) 

term of office of such Presiding Judge, the 

Governor shell thereafter immediately designate 

a new Presiding Judge of the Administrative 

District, as in the first instance." 

In construing th'e foregoing provisions,, the Court 

in Eucaline Uedicine Comoanv vs. Standard Inv. Co., 25 S.W.28 

259, 261 (Tex.Civ.App. 1930, err. ref.) expressly overruled 

the contention that the position of Presiding Judge of an 

Administrative Judicial District is an "office' within the 

,meaning of Section 40,, Article XVI, and Constitution of Texaa,~ 

pertinently held: 

nNor is the position of preaiding judge 

of the administrative dia'trict an office that a' 

regularly elected district judge is forbidden 

by the Constitution to hold and exercise. Its 

functiona are'j~udicial in nature, are ,not inconsistent with',the constitutional duties d&the 

district judge, and should. in our oninion.?be 

regarded aimolv aa aunaradded duties that the ", 

Leaialature waa,authori ed o reau e district + 

judaea to nerform.* (I&ha:is add::.) 

In view of the refusal by the Supreme Court'of the 

writ.of error in this case in 1930, this being after June 14, 

1927, the judgment of the Court of Civil Appeals is deemed 

correct and the principlea of iaw declared in the opinion are 

deemed as correctly determined. Hamilton v. Emnire 6218 & Fuel 

.gQ.. 134 Tex; 377,383,llO S.W.Zd'561,565 (1937). 

In view of the construction of Section 2, Article 200a, 

it was held in Attorney General,Oplnion Number S-09 (1953) that 

the term of a ipresiding judge of an administrative judicial, 

district is the same as his term of office as district judge 

and that the designation as Presiding Judge of the administrative 

district is not a sepsrate office but merely an extra duty that 

may be imposed upon a district judge, 

In 1965, the 59th Legislature amended Section 2 so that 

it now providesg 

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, 
Hon. Richard W. Price, ,page 3 (&305) 

*Sec. 2. It shall be the duty of the 

Governor, with the advice and consent of the 

Senate, to designate one of the regularly elected 

district judges, or a retired district fudae. who 

voluntorilv retired from office. who.reaidea within 

the district. and who has certified his willincmeaa 

to aerve,'in each of said diatritita aapreaidinq 

Judge of the Administrative Judicial District. 

Adeauate auartera for the ooeration of such District 

and orenervation of records shall be Provided in the 

courthouse of the countv in which such Preaidinq 

Judae reaidaq. Upon the death, resignation or 

expiration of the term of office of #pch Presiding 

Judge, $he Gwernor shall thereafter iammdiately 

a&oint*'or reappoint a PreaidLng, Judge of the 

Administrative District, as in the first instances 

above. Presidina Judaea of Administrative Judicial 

Districts shall serve for a term of four (4) Years 

from date of auallfication as su h administrative 

judqe . . .* (Rmphaaia aupplied'as to added language 

of amendment.) 

If the foregoing amendment to Section 2 of Article 200a 

haa,the effect of now creating an "office" as distinguished fram 

constituting "aunsradded duties that the~leaialature was authorized 

to reuuire district iudaea to oerform", Section 40 of Article 

XVI of the Constitution of Texas would prohibit a district judge 

from holding the additional affice. We do not believe the 

legislature had any such intention. Likewise, Section 30 of 

ArticLe XVI would limit the term of office to two years only, 

contrary to the four year term provided by the legislature. 

It is our opinion, however, that since the legislaturs did not 

change by the amsndatory language the duties of the presiding 

judge of the administrative district, the construction @Paced 

on Section 2 by the Court in Rucaline Medicine Co. vs. Standard 

Inv. Co., supra, remains equally applicable to Section 2, as 

amended. Therefore. no *office" within the meaning of Sections 

30 and 40 of Article XVI of the Constitution of Texas was created, 

Rucaline medicine Co. vs. Standard Inv. Co., aupra; cf. Aldine 

Indeoendsnt School District vs. Stendlev, 154 Tex. 547, 289 S.W. 

26 578 (19SS), We therefore are of the opinion that the legislature merely placed added duties on regularly elected district 

judges pursuant to provisions of Section 7 of Article v. 

Constitution of Texas, and provided for the Yreassignmsnt to 

- 1485 - 
Ron. Richard H. Price, page 4 (d305) 

active duty where and when needed" of voluntarily retired 

district judges Qursuant to provisions of Section la of 

Article V, Constitution of Texas. 

Since Section 2 of Article 200a, Vernon's Civil 

Statutes, specifically provides that "upon the death, resignation 

or expiration of the term of,office of the presiding judge, 

the Governor- shall thereafter~lmmediately appoint or reappoint 

a QrSSiding judge of the administrative district as in the first 

instance above,* (Emphasis ours). You are advised that the 

words *term of office* as used in this statute mean the term 

of office as district judge, this being the only 'office" held. 

Upon certification of his willingness to serve after retirement, 

the same presiding judge may be reappointed to. carry out the' 

additional duties as presiding judge of the administrative 

district for a Qeriod of four years or the Gwernor may appoint 

another judge to so serve.' \ 

.i. 

SUMMARY 

The position ?f preeiding judge of an 

administrative judicial district does not conatitute~ 

an "office" within the meaning of Sections 30 and 40 

of Article XVI of the Constitution of Texas, but is 

regarded simply as superadded dutiesthat the legialature was authorized to require district judges to 

per f arm. Eucalins Wedicine~Co. vs. Standard Inv.Co,, 

25 S.W.2d 259 $T~x.CIV.AQQ. 1930, err. ref.). The 

term of the QrSSiding judge of an administrative 

judicial district expires with his term of office 

as District Judge. Upon certification of his 

willingness to serve, he may be appointed for an 

additional period of four years. Article 2GOa, 

Section 2, Vernon"8 Civil Statutes. 

V&truly yours. 

At$rney General .of ffexaa 

3.'. 

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I 
. . 

Hon, Richard M. Price, page 5 (M-305) 

Pixpared by John Banks 

Assistant Attorney General 

APPROVED:. 

OPINION CCUMITTEE 

Hawthorne Phillips, Chairman 

Kerns Taylor, Co-Chairman 

Arthur Sandlin 

Ralph Rash 

Harold Kennedy 

Jay Floyd 

,A, J, CARUBBI, JR. 

Executive Assistant 

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