Untitled Texas Attorney General Opinion ( 1980 )


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    The Attorney              General of Texas
    January        4,     1980
    MARK WHITE
    Attorney General
    Honorable Mike Atkins                           Opinion No. m- 12 3
    Ector County Attorney
    Ector County Courthouse                         Re: Whether the Ector County
    Odessa, Texas 79761                             Court at Law judge may resign
    from duties of the juvenile court
    Dear Mr. Atkins:
    You have requested our opinion as to whether the judge of the Ector
    County Court at Law may resign his position as judge, of the Juvenile Court
    for Ector County. Article 2336-12, V.T.C.S., enacted in 1959, provides:
    Section 1. The County              Court at Law of Ector
    County shall be the Juvenile          Court for E&or County
    and exercise such jurisdiction        in addition to the duties
    now imposed upon such court          by law.
    Sec. 2. The Judge of the County Court at Law of
    Ector County shall exercise the duties of Judge of the
    Juvenile Court of Ector County in addition to the
    duties now imposed upon him by law as Judge of the
    County Court at Law of Ector County.
    Sec. 3. The Judge of the County Court at Law of
    Ector County in addition to the compensation
    received as Judge of the County Court at Law of
    Ector County may be paid a salary, not to exceed
    Three Thousand Dollars ($3,000.00), for his services
    as Judge of the Juvenile Court of Ector County, said
    additional salary to be paid out of the General Fund
    of Ector County on the order of the Commissioners
    Court of said county in equal monthly installments.
    Section 5L04(b) of the Family Code, enacted in 1973, provides:
    (b) In a county having a juvenile board, the board
    shall designate one or more district, criminal district,
    domestic relations, juvenile, or county courts or
    county courts a: law as the juvenile court, subject to
    Subsection (d) of this section.
    P.        384
    Honorable Mike Atkins     -   Page Two    (HW-123)
    Ector County has a juvenile board. Article 5139UU, V.T.C.S.
    Section 51.04(b) clearly confers upon the juvenile board of Ector County the
    authority to designate any of the named courts as a juvenile court. It does not follow,
    however, that the juvenile board may thereby annul the statutory designation of the Ector
    County Court at Law as a juvenile court for Ector County. Article 2338-12 has not been
    reDeah2.d.  and it is well established that reneals bv imnlication are not favored     Dallas
    Title & Guaranty Co. v. Board of Insurance Commi&on&s, 
    224 S.W.2d 332
    , 334 (Texx
    APT - Austin 1949, writ ref’d). Since there is no necessary conflict between the two
    statutes, both should ba given effect. Gillam                 
    122 S.W.2d 348
    , 349 (Tex. Civ.
    App. - Fort Worth 1938, writ dism’d w.0.j.).
    Furthermore. althounh section 5L04fb) of the Familv Code was enacted subseauent
    to article 2336-12,’the latier is the more specific statute.. Bassett Lumber Co. v. C&y of
    Houston, 
    198 S.W.2d 879
    , 881 (Tex. 1947); Commercial Standard Fire & Marine Co. v.
    Commissioner of Insurance, 
    429 S.W.2d 930
    , 933 (Tex. Civ. App. - Austin 1968, no writ).
    On the basm of these canons of statutory construction, we conclude that the Ector County
    Court at Law continues to constitute at least one of the juvenile courts of the county and
    that, as a result, the judge of that court may not resign his position as judge of the
    juvenile court.
    SUMMARY
    The Ector County Court at Law continues to constitute at least one
    of the juvenile courts of the county and, as a result, the judge of
    that court may not resign his position as judge of the juvenile
    COWt.
    -bkYtn&x%&
    MARK     WHITE
    Attorney General of Texas
    JOHN W. FAINTER, JR.
    First Assistant Attorney General
    TED L. HARTLEY
    Executive Assistant Attorney General
    Prepared by Rick Gilpin
    Assistant Attorney General
    APPROVED:
    OPINION COMMITTEE
    C. Robert Heath, Chairman
    P.   385
    .   I
    Honorable Mike Atkins   -   Page Three    (m-123)
    Jim Allison
    David B. Brooks
    Walter Davis
    Bob Gammage
    Susan Garrison
    Rick Gilpin
    Bruce Youngblood
    P.   386
    

Document Info

Docket Number: MW-123

Judges: Mark White

Filed Date: 7/2/1980

Precedential Status: Precedential

Modified Date: 2/18/2017