1

.

July 29, 1963 /Aha

“Thefacts in connection with this request are as follows: TheJustice of the Peace Precinct lines

. in Ector County, Texas, there being four, Intersect

andjoin at the Intersection of 8th Street and Musklngum Street in Odessa, Ector County, Texas. At the present time, the Ector County Courthouae Is under construction; said building to be completed In the early part of 

### 1964. At the present time, the Justice of the Peace offices are located In three of the respective Justices of the Peace In their homea located in the precinct over which they preside, and one Justice of the Peace, Precinct 81, being located In the temporary office building which is located In Precinct #l. It is the desire of the Commlsaion~ra~ Court to change the precinct boundary lines InEctor County, Texas from those ae hereinabove set out and to cause said boundaries to Intersect In the block bounded by Grant Street onthe West, Texas Street on the East, Fourth Street on the North, and Third Street on the South, the loqation of the Courthouse building here.in Odessa, Ect%r County, Texas. It Is not the deeire nor the Intention of the Ector County Commissioners1 Court to enter anorder abollshlng the precinct or to declare avacancy in the offices of the rerpectlve Justices of the Peace, It being the Hon. Walter E. Wilson Opinion No. C- $12 County Attorney .;. Betor County Courthouse Re: Odessa, Texas Whether a justice of the peace mayconduct his court in aplace other Dear Mr.Wllaon: than Inhis precinct, and( related question. Your request for opinion addressed to this office states a8 follows:

.~.
\ sole lntentfon of the Ector County Commfsafoneral Court

to provide aplace for the Justices of the Peace to have their office In the Courthouse building proper and aplace to hold court, etc.”

-555-. 1

Hon.Walter E. Wilson, page 2 (C- 112) ,:

The subsequent correspondence in oonnection with your request also aeks:

“Canthe Justices of the Peace operate out cif th ’eCounty Courthouse although the precinct boundaries donot Qofnat the Courthouse under the aeeumption that the County Courthouse 18by operation of law aportion of each Justice of the Peace Preclnot?” Article 

### 2380of Vernon ’s Civil Statutes provides In part that: ”

. . 0

"2. Eachjustice ehall hold the regular term of his court at his office at euch time a8 the oommiasloners Court maypresoz9be.w :(Emphasls added). ?, Your letter indicated that the Commiseionersf Court of Ector County has not previously provided for the juatlces to hold court at any particular place, and that three of,them nowhold office in their-respective homee. Wehave found no authority which would allow,a justice of the peace to maintain his office outside of his ppecinct boundary ’ The cat36law and statutory authoritlea both lead us to believe that the division of the county into precincts and the various duties appurtenant thereto were to be performed by the JustPce in his ownprecinct. Articles 2377 and 2379 of Vernon"8 Civil Statutes. Article 60a of Vernon

’s Code of Criminal Procedureb 102S.W. 159 (Tex.Cfv.App. 1907). Stewart v. Sm&lwood, I Assuming that th

’eCommlsaionere’ Court doe6 change *he prec'inct boundarfea aa~$hey proposei wenou turn to yours primary question for consideration. .~’

Attorney General’s Opinion No.

### ~~-536 (1958) affirmed a,long lfne of opinions onthe same question,, and held a8 follows: <.‘: ”

“TheCommlealoners Court may, at any time, abo~llsh old Justice Precincts and~redfvlde the county into newprecincts. In suah case the Justice8 of the Peace and Con~stables elected fn ‘

. aprecinct whose boundaries are altered, have no right to cbntinue in ofifce or drawtheir ,. salaries. Thevacancierr created by euch an order are regufred to be filled by the Commiseloner8 Court.

-556-1

.

_.,. Hoa. Walter E. Wilson, page 3 CC!-112 )

Shortly berore the rslsaer ot our opinion No. ~~-536, the Supreme Court rei’used anapplioatloa 

### for rrit of error with ” the notation “noreversible errors in the case of ChildFe&e CounQ ,~,,’ vi gachse 310S.W.2d 414 (Tex;Clv.App. 19%; 

### error rei’

. n;r.e.) andeer Curiam opinion found at 312S.W.2d 381 (lgg), the~f Court stated at page 380as folloue:

.The application for writ of error Is 

### refused. Noreversible 

### error. Weapprove the holding of the Court of Civil Appeals that changes in preoinct boundaries donot create a vacancy fn the Oific0 of County Comm%esioner or deprive the incumbent o? the right to hold oifice for the relralnder of his term, even though by reason of.such changes his residjmy,i; gt ;#;hin the precinct as redeiined.

. . .pWeinterpret this to meanthat the Supreme Court agrees with the holding of the Court of Civil Appeals, but not necessarily Mth any other language used. Since the Sachse case, eu ra Involved only the office of County Commissioner, uoot ieel -& a the same principles are applicable to justices of the psace and constables. Under the plain provisions of Section 18of Article Vof the Texas Conetitutlon it Is mandatory that each oounty have iour commlsslonerac precincts; however, fn%he case oi juetlce precinote this ,provislon clearly authorfses the’CommPeiHoner8~ Court to divide the county
“from time to tfme for the qonvenlsnce of the people, into precincts not lees than four 

### or more than eight.’ If the prfnclplee of law announced In the Sachs0 case were applicable to the re-division or the elimination o-Ice precincts, then in a county where the C~ieelonere~ Court sought to reduce the number of juetice precincts to asinfmum of four, the Commiesidnsrea Court’8 order would be of noforce and effect if the juetlaee o? the peaoe and constable8 In the juetice precinots in exceee o?four In number could hold their reepeotlve offices for the remainder of the ,tene to which they had been originally elected*

In the instant oaee ii the Coaleslonere~ Court of Ector Couatyelkicte to do so, it :maychange the boundaries of the various justice precincts, but fn all case8 

### wherethe boundaries are altered or changed in any respect, the offices ofjustice bf the peace and 

### conetable become vacant and must be filled by appointment of the Commissioners~ Court until the next general election. Attorney @enoral’8 Opinions V-790 (lg@), V-1032 (195C), and ~-536 (1958).



### -55?-Hon. Walter E. Wilson, page 

### 4(C- 112 )

SUMMARY
Thejustice of the peace must maintain his office and hold his court within the boundaries * of his precinct. If the commleelbnere~ court’.alters the boundary lines of,any justice precltit, avaoancy exists In the offlC6 of ,justlce of the peace and constable which the court must fill byappointment until the next General Election. Yours very truly, WAOQONER

CARR Ap72&

Fred D.Ward Assistant FDW:wb:mkh APPROVED: OPINION

COMMITTEE :
W.V. Qeppert, Chairman Pat Bailey Frank Booth Cecil Rotech HowardMayo APPROVED

FORTREATX’ORNEYGEHXRAL BY: Stanton Stone

-558-