1 . 

July 29, 1963 /Aha 

“The facts in connection with this request are 

as follows: The Justice of the Peace Precinct lines 

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

and join 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 In Ector County, Texas from those ae hereinabove 

set out and to cause said boundaries to Intersect In 

the block bounded by Grant Street on the 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 an order abollshlng the precinct or to declare a vacancy 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 may conduct his 

court in a place other 

Dear Mr. Wllaon: 

than In his 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 a place for the Justices of the Peace to 

have their office In the Courthouse building proper 

and a place to hold court, etc.” 

-555- 
. 1 

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

The subsequent correspondence in oonnection with your 

request also aeks: 

“Can the Justices of the Peace operate out cif 

th’e County Courthouse although the precinct boundaries do not Qofn at the Courthouse under the aeeumption that the County Courthouse 18 by operation of 

law a portion of each Justice of the Peace Preclnot?” 

Article 2380 of Vernon’s Civil Statutes provides In 

part that: 

” 

. . 0 

"2. Each justice ehall hold the regular term 

of his court at his office at euch time a8 the oommiasloners Court may presoz9be.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 

now hold office in their-respective homee. We have found no 

authority which would allow,a justice of the peace to maintain 

his office outside of his ppecinct boundary’ The cat36 law 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 own precinct. 

Articles 2377 and 2379 of Vernon"8 Civil Statutes. Article 60a 

of Vernon’s Code of Criminal Procedureb 

102 S.W. 159 (Tex.Cfv.App. 1907). 

Stewart v. Sm&lwood, 

I 

Assuming that th’e Commlsaionere’ Court doe6 change 

*he prec'inct boundarfea aa~$hey proposei we nou turn to yours 

primary question for consideration. .~’ 

Attorney General’s Opinion No. ~~-536 (1958) affirmed 

a, long lfne of opinions on the same question,, and held a8 follows : <.‘: ” 

“The Commlealoners Court may, at any time, 

abo~llsh old Justice Precincts and ~redfvlde the 

county into new precincts. In suah case the 

Justice8 of the Peace and Con~stables elected fn ‘. 

a precinct whose boundaries are altered, have 

no right to cbntinue in ofifce or draw their 

,. 

salaries. The vacancierr 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 an applioatloa for rrit of error with” 

the notation “no reversible errors in the case of ChildFe&e CounQ ,~,,’ 

vi gachse 310 S.W.2d 414 (Tex;Clv.App. 19%; error rei’. n;r.e.) 

andeer Curiam opinion found at 312 S.W.2d 381 (lgg), the~f 

Court stated at page 380 as folloue: 

.The application for writ of error Is refused. No reversible error. We approve the 

holding of the Court of Civil Appeals that 

changes in preoinct boundaries do not 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. . . 

.p 

We interpret this to mean that 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 18 of Article V of 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 a sinfmum of four, the Commiesidnsrea Court’8 order would be of 

no force 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 :may change the boundaries of the various 

justice precincts, but fn all case8 where the boundaries are altered 

or changed in any respect, the offices of justice 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 

The justice 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, a vaoancy exists 

In the offlC6 of ,justlce of the peace and constable 

which the court must fill by appointment 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 

Howard Mayo 

APPROVED FOR TRE ATX’ORNEY GEHXRAL 

BY: Stanton Stone 

-558-