Texas Attorney General Opinion: GA-126 Page: 1 of 13
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ATTORNEY GENERAL OF TEXAS
GREG ABBOTT
December 8, 2003
The Honorable Ben W. "Bud" Childers Opinion No. GA-0126
Fort Bend County Attorney
301 Jackson Street, Suite 728 Re: Authority of a district court judge to appoint
Richmond, Texas 77469-3108 an associate judge (RQ-0063-GA)
Dear Mr. Childers:
You ask several questions about the authority of the judge of the 328th District Court to
appoint an associate judge.'
I. Background
A. The Associate Judge Appointment
In 1977, the Legislature enacted the Family District Court Act, which created the
328th Judicial District with boundaries coextensive with the boundaries of Fort Bend County and
established "the Family District Court for the 328th Judicial District."2 Under chapter 24, subchapter
D of the Government Code, which codified the Family District Court Act, a family district court's
"jurisdiction is concurrent with that of other district courts in the county," TEX. Gov'T CODE ANN.
24.601(a) (Vernon 1988), but it "has primary responsibility for cases involving family law
matters," id. 24.601(b); see also id. 24.636 (328th Judicial District).
You inform us that in 1984 the Fort Bend County Commissioners Court authorized the judge
of the 328th District Court "to employ a Master for the 328th District Court at a salary not to exceed
$50,000 a year effective October 1, 1984" pursuant to former article 1918b of the Revised Civil
Statutes. See Request Letter, supra note 1, at 2-3; see also id. Exhibit A (July 30, 1984
Memorandum from 328th District Court to Fort Bend County Commissioners Court requesting
authority to appoint master; Minutes of August 13, 1984 Fort Bend County Commissioners Court
Meeting ordering authorization by unanimous vote). From 1984 to 2002, the 328th District Court
'See Letter from Honorable Ben W. "Bud" Childers, Fort Bend County Attorney, to Honorable Greg Abbott,
Texas Attorney General (June 6, 2003) (on file with Opinion Committee) [hereinafter Request Letter].
2Act of May 28, 1977, 65th Leg., R.S., ch. 859, 2.29, 1977 Tex. Gen. Laws 2144, 2151 (codified as former
TEX. REV. CIv. STAT. ANN. art. 1926a, 2.29).
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Texas. Attorney-General's Office. Texas Attorney General Opinion: GA-126, text, December 8, 2003; (https://texashistory.unt.edu/ark:/67531/metapth275022/m1/1/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.