E_ S v. State

536 S.W.2d 622
CourtCourt of Appeals of Texas
DecidedApril 21, 1976
DocketNo. 15519
StatusPublished
Cited by1 cases

This text of 536 S.W.2d 622 (E_ S v. State) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
E_ S v. State, 536 S.W.2d 622 (Tex. Ct. App. 1976).

Opinion

CADENA, Justice.

This is an appeal from an order of the Judge of County Court at Law No. 3 of Bexar County (identified in the remainder of this opinion as “Court 3”), purporting to sit as a juvenile judge, granting the State’s motion to modify disposition and revoking probation previously granted appellant, a juvenile. See Tex.Family Code Ann., art. 54.05.

Appellant asserts that the Judge of Court 3 lacks jurisdiction to hear cases involving juveniles.

Our Constitution enumerates the courts in which the judicial power of this State is vested, but empowers the Legislature to create other courts. Tex.Const. art. 5, § 1. In the exercise of the power to create additional courts, the Legislature has created six county courts at law in Bexar County.

Court 3 was created by Tex.Rev.Civ.Stat. Ann., art. 1970-30M, and the jurisdiction of such court is delineated in § 2 of that statute. The first paragraph of § 2 defines the criminal jurisdiction of Court 3 as being the same criminal jurisdiction vested in county courts having criminal jurisdiction, including appellate jurisdiction in all criminal cases appealed from justice and corporation courts. The second paragraph of § 2 clothes Court 3 with “. . . the same jurisdiction and powers in civil actions, . that are now or may be conferred by law upon . . . the County Court at Law No. 1, of Bexar County, Texas, and in the County Court at Law No. 2, of Bexar County, Texas, and the Judges thereof.”

Cases involving juvenile delinquents are classified as civil cases, and it is agreed that the second paragraph of § 2, which delineates the criminal jurisdiction of Court 3, does not clothe that court with power in juvenile proceedings. It is also conceded that County Court at Law No. 1 of Bexar County and County Court at Law No. 2, by express legislative declaration, lack jurisdiction in juvenile cases. Article 1970-301, Tex.Rev.Civ.Stat.Ann. It is, therefore, conceded that the power of the Judge of Court 3 to sit as a juvenile court is not granted by the first two paragraphs of § 2.

The first argument in support of the assertion that such Judge has jurisdiction in juvenile cases rests on (1) the designation of [624]*624the County Court1 of Bexar County as the juvenile court by the Bexar County Juvenile Board; and (2) a certificate by the Judge of the County Court asserting his inability to act in juvenile matters and designating the Judge of Court 3 “as the Juvenile Court Judge to act for and in place and stead of the County Judge in all juvenile matters under Title 3 of the Family Code of Texas.”

Appellant raises no question concerning the potential jurisdiction of the County Court in juvenile matters, and does not challenge the validity of the order of the juvenile court designating the County Court as juvenile court. However, he asserts that the subsequent attempt by the Judge of the County Court to designate the Judge of Court 3 as juvenile judge cannot be given effect.

The efficacy of the attempt by the Judge of the County Court to clothe the Judge of Court 3 with juvenile jurisdiction depends upon the provisions found in the third paragraph of § 2 of Article 1730-301d. The relevant portions of such paragraph are as follows:

The Judge of the County Court at Law No. 3 of Bexar County, Texas, upon certification of the County Judge of Bexar County, Texas, because of conflicting duties, or absence or inability to act; or, upon the failure or refusal or such County Judge to act for any reason or cause, shall also be authorized and empowered to act for and in the place and stead of said such County Judge in any lunacy, probate and condemnation proceeding or matter, and also may perform for the County Judge of Bexar County any and all other ministerial acts required by the laws of this State of said County Judge of Bexar County, Texas, . . . . Provided, that the powers thus conferred on the Judge of the County Court at Law No. 3, of Bexar County, Texas, shall extend to and include all powers of the County Judge of Bexar County, Texas, except his powers and duties in connection with the transaction of the business of the County as presiding officer of the Commissioners Court, and in connection with the budget of Bexar County. (Emphasis added.)

The emphasized portion of paragraph 3 will be referred to, not accurately, as “the proviso.”

Assuming that the conditions specified in paragraph 3 are satisfied, the pertinent portions may be more simply stated as follows: The Judge of County Court at Law No. 3 shall also-have the power to act for the County Judge in any lunacy, probate and condemnation proceeding, and to perform for the County Judge any other ministerial acts required of the County Judge by law. Provided, that the powers thus conferred on the Judge of County Court at Law No. 3 shall include all powers of the County Judge, except his powers and duties as presiding officer of Commissioners Court and in connection with the county budget.

The first power granted clearly does not include the authority to act for the County Judge in juvenile matters, since the grant is expressly limited to lunacy, probate and condemnation proceedings. Nor is it contended that the second power granted, which is the power to perform ministerial acts, includes the power to sit as judge of the juvenile court. The power of the Judge of Court 3 to act in the place of the County Judge in juvenile proceedings must, therefore, be found in the proviso.

The State contends that the language of the proviso to the effect that the powers “thus conferred” on the Judge of Court No. 3 “include all powers of the County Judge” has the effect of clothing the Judge of Court 3 with the authority to exercise all powers vested in the County Judge, including the power to sit as juvenile judge. We are told that this interpretation is compelled by the statement found in many cases, including Ex parte Roloff, 510 [625]*625S.W.2d 913, 915 (Tex.Sup.1974), to the effect that all parts of a statute must be considered together so that, if possible, effect is given to all parts. It is, of course, impossible to quarrel with such statement, since it does no more than remind us that in interpreting statements we consider every part of the statement, the context in which it appears, and the apparent intent of the person making the statement, including the purpose which he was seeking to achieve.

The statement that the powers “thus conferred” include all powers of the County Judge immediately triggers a search for the powers “thus conferred.” The phrase “thus conferred” suggests the presence of an antecedent to which it is referable. Absent such an antecedent, the words “thus conferred” are unnecessary and meaningless. It cannot be argued that the phrase, “powers thus conferred,” refers to the subsequent grant, in the same sentence, of “all powers of the County Judge.” Such construction would require that we be convinced that the Legislature, with great solemnity, has declared that “all powers of the County Judge shall include all powers of the County Judge.” The only sensible construction is that the phrase refers to powers granted in portions of the statute other than the proviso.

In their briefs, the parties restrict the effect of the proviso to paragraph 8 of § 2, and so shall we.

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E---S v. State
536 S.W.2d 622 (Court of Appeals of Texas, 1976)

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Bluebook (online)
536 S.W.2d 622, Counsel Stack Legal Research, https://law.counselstack.com/opinion/e_-s-v-state-texapp-1976.