OFFICE OFTHE AlTORNEYGENERAL OF TEXAS 

AUSTIN 

tioncirabls 080. H. slieppard 

Coffiptroll*r ofPubUo 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&is d&squaliffoatiim 19 oOmlfYod to the uovek'i3ar, 

thu ixw3rnor may requik-8 the wdg0 of any 

other of such Courts to exchange benohea or 

districts with the disqualiS5ad JwIge, and 

lzpy, at any time, require any of suah Jttig~~ 
'Honorable r;eo. M. Sheppard - page 2 

to exohange districts dth 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 transfer from his Court 

to any other of said Courts any ease or plooeedlag then pending in the Oourt of said 

absent, sick, or NsqualifieLJudge and in 

such ofrcumetaacss the praetiaing lawyers 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 special Judge rhea so elected 

shall have am3 cuero%se all the powers and duties xNuh the regular Jrrdge o? ssid CTeurt 

oould have and ererciae.w 

P or the *mannerR o f the ela ~tfen o f 5ueh l 

r 

c la l 

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 Dlstriof Court on 

say futwd day of a tymafrZL rbr ._ repute to hold the oonrt, tMb praotioZng lawyers 09 the court pr686nt may elsat from among 

their umber a speolal fudge who ehall hold 

the oaurt aad proceed with the bu8iness thereot.* 

*Like eleotions way 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. 
Honorable Uoo. ti. Sheppard - pw S 

The statutes are obtwure, but we wet of neeessity l diecwera the intention of the Legislature with 

respoot to the pseoiee point of your inquiry. 

The language of A+iale -87, "on the first or 

any future day of a ter# has SOW si@f'laanaer We th%nL 

it signifies by anticipation that notwIthstanding the regular judge should fail or refuse to hold the court upon the 

first day of the term, and that a special judge uhould be 

eeleoted in 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, 

whereupon another election should be 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 

eleotlons during the term , aoaording as the regular jwlge 

might return and again fail or refuee to hold the court. 

The language of Artlale 1603 aeoantuatea the 

construction just given to the quoted words from Artl0le 

lsiIr .Article 1883, however, ooata%na the Zollo~Ir)a langnage, which is aen more &gnificant. It provideal *Like 

elections may 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 

oonstxained to advise you that the eleotion of a qeuial 

judge for the 17th Judicial Distriot should be 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 thereafter during each reapeottve 

term as the aeoessity therefor may requ4.x-e. 

she following autharities tend 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