0 

JIM MAllOX 

Attorney General 

9p~y~xmeCc.~Bulldln9 

A”& lx ?a711.2549 

5121475.2Nl 

Telex 910/8711387 

Telecopier 5W475Xf.W 

714 Jackson, Suit4 700 

Dall4r. TX. 752024506 

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4924 AIb8rt8 Am. Suite 10 

El P840. TX. 799952793 

915lt Texas. Suite 700 

IWXJS~C.~. TX. 77002.3111 

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MCAhl. TX. 79501-1985 

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San Antonlo, TX. 79205.2797 

512n254191 

An Equal OppoftunitYl 

Aftlrmallve Action EmPlOysr 

The Attormy General of Texas 

:mvember 4. 1985 

Honorable Hike Driwoll Ovinion No. SW373 

Earrie County Attorney 

1001 Preston, Suits 634 

Houston. Texas 7'1002 

RIB: Authority of 

district clerk to 

signature to a 

criminel case 

Dear Mr. Driscoll: 

a county and/or 

affix a judge’s 

judgment in a 

At the request of the District Clerk of Barris County, you have 

asked the follovin;g questions: 

1. ltaather the clerk of the county and 

district courts or his deputies may effix by 

facsimile signature #tamp the judge’s signature to 

judgmantg or orders in c.rim%nal cases? 

2. Pvgthar the clerk of the court may prepare 

a judgme:lit in criminal cases and affix the judge’s 

facslmil~n signature to the same without prior 

review by the judge? 

You phrase your questions in terms of the powers of county and 

district clerks, but the key to your questions lies in detcrminlng the 

purpose and significance of a judge’s signature on judgments and 

orders in criminal cases. 

A judge signs a variety of orders in criminal cases. See Code 

Grim. Proc. art. 42.01 (defining a “judgment” as a -itten 

declaration of thl? court signed by the trial judge and entered of 

record”). The purpose of a judge’8 signature m such instruments is 

to show his knwled:pe and approval of the contents. See Bustillos V. 

State, 213 S.W.2d 837, 841 (Tex. Grim. App. 1948),uoting In re 

sr’s Estate, LILO Cal. 387, 42 P. 815, 816 (1895). It is the 

reeponsibility of the judge to read every judgment and order. See 

Burrell v. Corneliut,, 570 S.W.2d 302. 304 (Tex. 1978). The sIgnat= 

signifies that he lms done so. 

In a 1929 cat%). the court of criminal appeals held that a justice 

of the peace could, “sign” a search warrant with a facsimile stamp or 

stencil. Stork v. State. 23 S.U.2d 733 (Tu. Crim. App. 1929). The 

-- 

court wrote: 

p. 1707 
, 

i 

Eonorable Mike Driscoll - PaSe 2 (JH-373) 

[I]t would be a mater of no moment vhether 

[the justice of tlrtr peace] so effixed seld name by 

one stroke as by ,the use of a stencil or rubber 

stamp, or vhether ‘he set down at a typevrlter l od 

vrote his name rl,th (fame upon such documsot, or 

thet he vrote it. out in what we commonly call 

looghaod , provided that lo each such case the 

facts must show t,h.e oame to have beeo affixed by 

the officer hisself, or under his issaediate 

authority and direction sod ii~ his preseoce. In 

either event he has signed his oame to the documeot . There is Inothing in our statute mskiog 

requirement as to the manner or form of such 

signsture. and we know of oo rule of reasoo which 

would justify us in going beyond what the law 

requires. 

Id. at 735. 

- 

The holding of Stork provides the answers to your questions. A 

judge can use a facss stamp to “sign” a document. Id. See also 

Paulus v. State, 633 S.W.Zd 827. 849 (Tex. Grim. App.1981) 

jury foreman may use facsimile stamp on indictment); Brooks v. State, 

599 S.W.2d 312, 322-323 (Tex. Grim. App. 1979) 7clerk may use 

facsf.uile stamp oo certain certificates). Also, someone who is under 

the immediate authority of ,aod lo the presence of the judge may, at 

his discretion, affix tht: judge’s signature by facsimile stamp. 

Stork, et 733. The placemcut of the judge’s signature on a document 

by aoother person under such clrcumstaocee Is not an act of agent 

because the other person acts as a mere iostrument or amanuensis. See 

Mondragon v. Hondragoo. 257 S.W. 215. 216 (Tex. 1923). Thus, o= 

under those limited circusstaoces can a judge “sign” a document by 

directing another person to actually place a mark oo the document. 

SUMMARY 

A judge may “sign” a document by allowing 

aoother person tc’ place a mark on a document that 

constitutes the judge’s approval of the document 

only if the othe:c person does so In the presence 

of and under the direction of the judge. 

Very J truly y 

A 

JIM MATTOX 

Attorney General of Texas 

MAKY KELLER 

Executive Assistant Attorney General 

p. 1708 
Xonorable Mike Driscoll - PIrIle 3 (a-373) 

ROBBRT GRAY 

Specie1 Assistaot Attorney Geoeral 

UICK GILPIN, 

Chairman. Opioioo Comittee 

Prepared by Sarah Woelk 

Assistant Attorney General 

iPPROV?SD: 

OPINION COIMI'lTEE 

Rick Gilpin, Chairman 

Colin Carl 

Susao Garrison 

Jim Moellinger 

Jennifer Riggs 

Nancy Sutton 

Sarah Woelk 

p. 1709