OFFICE OFTHE AlTORNEYGENERAL OF TEXAS **AUSTIN**

tioncirabls

080. H. slieppard Coffiptroll*r

of PubUo Awounts duetin, Texas Doap Mr. Shsppardr

ths abwe kwb~eet-matte

es your OptJzLOlk ty for tba bar for each tens, or a on03 sleatarl

Inay Judge returns and

a of Article 2098 of the Wwieed Ciril ty in form is ao folloas*

*xr a Judl@ OS any Court is disqualtfied in au@ ease peodlng 321 his Fowt, and k&isd&squaliffoatiim 19 oOmlfYod to the uovek'i3ar, thu ixw3rnor may requik-8 the wdg0 of any other of such Courts to exchangebenohea or districtswith the disqualiS5adJwIge, and lzpy, at any time, **require** any of suah Jttig~~'Honorabler;eo. M. Sheppard - page 2

to exohangedistrictsdth each other OF with any other Dietriot Judge. In ease of the ahsenoe, sickness,or dlsqualifleation of any Judge, aaf other of said Judges may hold Court for hLm or way transferfrom his Court to any other of said Courts any ease or plooeedlag then pendingin the Oourt of said absent, sick, or NsqualifieLJudge and in such ofrcumetaacss the praetiainglawyers of the Court may elect a opeeial, ;iudge of s&i Cowtinthe mme mamer aa prpraidedincbapter 1 Of Title 40 of the k3rtUJd citii 8t8fUt6s of 1025, and sucih

specialJudge rhea so elected shall have am3 cuero%seall the powers and duties xNuh the regular Jrrdge o? ssid CTeurt oould have and ererciae.w

Por the *mannerRof the ela~tfen of 5ueh lr clal judge,we are eent to Uhapter I at Title 4.0, O? the wised Ciril 2tatutes of 1225.

Renrerfins

to thio chauptar,

we find that Prtioles 188~ and 2893 -6

Article

"2Imuld the firat or -36 only ones- **pe+ti.nent** to **our inquey.**  %221deelaresr
the judge of a DlstriofCourt on say futwd day of a tymafrZL rbr

._ repute to hold the oonrt, tMb praotioZng lawyers 09 the court pr686ntmay elsat from among their umber a speolal fudgewho ehall hold the oaurt aad proceed with the bu8iness thereot.*

*Like eleotionsway be held from time to time &wing the term 0P the court to supply the absence,failure or inabilIty OP the judge, or 0P any special judgs, to perform tho dutiee Of the of-rice.* Pour inquiry oolle for an original construction of the statutes quoted, sin06 there is ne court authority in point.HonorableUoo. ti.Sheppard- pw S

The statutesare **obtwure,** but we wet of neeessity l diecwera the intention of the Legislature with respoot to the pseoiee point of your inquiry.

The languageof A+iale -87, "on the first or any future day of a ter# has SOW si@f'laanaer We th%nL it signifies by anticipationthat notwIthstanding the regular judge should fail or refuse to hold the court upon the first day of the term, and that a special **judge** uhouldbe eeleotedin his rtess;, yet at a subsequent day of the **term** the regular judge tight return and remme his **dutieo, or**  **the** epocial judge fight himself fail or refUee%o aet, whereuponanother election shouldbe held so that the business of t&e 0ourt would go on as usual. It is eenaeivable,upon this theory, that there might **be** repeated eleotlonsduring the term, aoaordingas the regular jwlge might return and again fail or refuee to hold the court.

The languageof Artlale 1603 aeoantuatea the constructionjust given to the quotedwords from Artl0le lsiIr

. Article 1883, however, ooata%na the Zollo~Ir)alangnage, which is aen more &gnificant. It provideal*Like electionsmay be held from time to time during the tenh to supply the absence of a judge.

#Yom thetv3

meager indiaia of intent&on,we are oonstxainedto adviseyou that the eleotionof a qeuial judge for the 17th JudicialDistriot shouldbe held en the first day of each reepeotive term, in the event ef the failure or retieal of the regular judge to hold the court, and as 

### often thereafterduring each reapeottve term as the aeoessitythereformay requ4.x-e.

she followingautharitiestend to support our eonclueion~

Souse Y. Ford, 288 6. IY. &291 Cox yr (tliter,

9~ 8. **W.** 1592: Lore Y. State, 201 8. W. 08da Vatsonr. State, 201 8. W. O&B.TruetLog that Whet we have oaid orti&batorLly amewaws 7our i.tqulrp,we are

rargtxw17 7olmJ

14, 1941 A n ATfORBi& **BEBERAL** OF igus