Chenault v. Bexar County

782 S.W.2d 206, 33 Tex. Sup. Ct. J. 132, 1989 Tex. LEXIS 126, 1989 WL 153969
CourtTexas Supreme Court
DecidedDecember 20, 1989
DocketNo. C-7446
StatusPublished
Cited by8 cases

This text of 782 S.W.2d 206 (Chenault v. Bexar County) is published on Counsel Stack Legal Research, covering Texas Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chenault v. Bexar County, 782 S.W.2d 206, 33 Tex. Sup. Ct. J. 132, 1989 Tex. LEXIS 126, 1989 WL 153969 (Tex. 1989).

Opinions

OPINION ON MOTION FOR REHEARING

RAY, Justice.

Respondents’ motion for rehearing is granted in part and overruled in part. The opinion and judgment of April 19, 1989 are withdrawn and the following is substituted.

At issue is the constitutionality, of a county commissioners court’s order that abolished three justice of the peace places in Bexar County. Bill Chenault and Betty Ann Esquivel filed separate suits challenging the order (Justice Abolition Order), alleging that it was void because it violated article XVI, section 65 of the Texas Constitution. The two cases were consolidated and tried to the court. The trial court denied Chenault and Esquivel all relief and held that the order did not violate the Texas Constitution. The court of appeals affirmed. 747 S.W.2d 400. We reverse the judgment of the court of appeals and render judgment in favor of Chenault and Esquivel.

In October 1985 the Bexar County Commissioners Court redistricted all of the county’s justice of the peace precincts and created new justice precinct places. In December of 1985 the commissioners court abolished one of the justice of the peace places in each precinct that had two justices.1 Precincts 1, 2, and 3 each had two justices of the peace.

[207]*207The decision to abolish one of the justice of the peace places in precincts 1, 2 and 3 was motivated by at least two factors. First, the commissioners court had to meet projected budget shortfalls for the upcoming years. Also, after considering accounting studies and analyzing case loads in each precinct, the commissioners court determined that one justice place in each precinct met the needs of the local population. On December 19, 1985, the commissioners court passed the Justice Abolition Order which abolished the place 2 positions in precincts 1, 2, and 3. The order was to become effective December 31, 1986.

Before the Justice Abolition Order became effective, Betty Ann Esquivel and Bill Chenault filed as candidates for justice of the peace, place 2, in precincts 1 and 3, respectively. Their names appeared on the ballots of the primary election and of the 1986 general election. Esquivel and Che-nault ran without opposition and were elected as justices of the peace for place 2 in precincts 1 and 3.

On November 3, 1986, Esquivel filed an original petition for declaratory judgment, seeking to have the Justice Abolition Order declared void. On December 31, 1986, Che-nault also filed a similar suit seeking to have the Justice Abolition Order declared unconstitutional. The two cases were consolidated and tried to the court.

Chenault and Esquivel complain that the Justice Abolition Order violates the first three paragraphs of article XVI, section 65 and, therefore, that it is unconstitutional and should be declared void.

When a precinct has two or more justices of the peace, paragraph four of article XVI, section 65 provides for their respective election schedules:

In any district, county or precinct where any of the aforementioned offices is of such nature that two or more persons hold such office, with the result that candidates file for “Place No. 1,” “Place No. 2,” etc., the officers elected at the general election in November, 1954, shall serve for a term of two years if the designation of their office is an uneven number, and for a term of four years if the designation of their office is an even number. Thereafter, all such officers shall be elected for the term provided in this Constitution.

When a precinct has a single justice of the peace, the first three paragraphs of article XVI, section 65 are applicable. In its introductory paragraph, article XVI, section 65 states that “[t]he following officers elected at the general election in November, 1954, and thereafter, shall serve for the full terms provided in this Constitution ...” Justices of the peace are included in the list of officers. This provision requires that the election schedule of the listed officers be calculated by using 1954 as the base year. The next paragraph provides for the election schedule of certain other county and district officers. These other officers, “elected at the general election in November, 1954, shall serve only for terms of two years.... At subsequent elections, such officers shall be elected for the full terms provided in this Constitution.” Article XVI, section 65 does not apply to the 1954 election only, but specifically applies to all officers elected in 1954 “and thereafter.” The clear intent of this language is to stagger elections so that all county and district offices do not expire simultaneously. See Fashing v. El Paso County Democratic Executive Comm., 534 S.W.2d 886 (Tex.1976). Thus, those offices listed in the second paragraph of section 65, whose four-year terms start at the base year of 1954, are to be filled in the general elections of 1954, 1958, etc. Those offices listed in the third paragraph of section 65 are to be filled in the general elections of 1956, 1960, etc. The following diagram illustrates the election years of justices of the peace in accordance with these provisions.

[208]*208[[Image here]]

Chenault and Esquivel maintain that if the Bexar County Commissioners Court wanted to abolish a justice of the peace position, it was required to abolish place 1, which was not on the four-year cycle from 1954, rather than place 2, which was on the four-year cycle from 1954. We agree that the Justice Abolition Order is unconstitutional and should be declared void. The effect of abolishing the place 2 justice of the peace positions in precincts 1, 2 and 3 was to leave the timing of the remaining place 1 justice of the peace position on an unstaggered election cycle, contrary to the scheme mandated in the first part of article XVI, section 65.2 See Fashing v. El Paso County Democratic Executive Comm., 534 S.W.2d 886 (Tex.1976).

The commissioners court argues that the proper remedy for this violation is not to hold the order void, but to simply require that the commissioners court enter another order resetting the election cycles of the remaining places to be staggered with the respective constable offices. In support of the county’s power to rearrange the election dates of judges to conform to the constitution, the county urges comparison of this case to Dollinger v. Jefferson County Commissioners Court, 335 F.Supp. 340 (E.D.Tex.1971), in which a federal district court ordered the election of county commissioners to serve an initial term of only two years instead of the constitutionally mandated four-year term. Although its order conflicted with the four-year term of office required in the constitution, the federal court nonetheless required a two-year term of office in order to bring the election of county commissioner positions into compliance with the staggered election provision.

The county’s reliance on Dollinger is misplaced. Dollinger involved a situation in which four county precincts had been realigned. As a result, the voters in a particular precinct did not have the opportunity to vote for the. commissioner serving in their precinct’s office.

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Bluebook (online)
782 S.W.2d 206, 33 Tex. Sup. Ct. J. 132, 1989 Tex. LEXIS 126, 1989 WL 153969, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chenault-v-bexar-county-tex-1989.