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The Honorable Scott W. Rosekrans - Page 2
The office of Justice of the Peace is a constitutional office created by the provisions of Section 18 of Article V of the Constitution of Texas. Vacancies in the office of Justice of the Peace are required to be filled by the Commissioners' Court by the provisions of Section 28 of Article V of the Constitution of Texas. Therefore, you are advised that it is the duty of the Commissioners' Court to fill the vacancies that exist in the offices of Justices of the Peace of Borden County, regardless of whether the County Court of Borden County has jurisdiction of cases referred to in your question. See also Attorney General Opinions H-1088 (1977), M-742 (1970); DAVID B. BROOKS, COUNTY & SPECIAL DISTRICT LAW, 23.7 (Texas Practice 1989). We see no reason to depart from these prior rulings. Clearly, in a conflict between a state statute and the Texas Constitution, the Constitution prevails. In this instance, the Constitution directs the commissioners court to fill any vacancy in the office ofjustice of the peace. You do not specifically request a determination as to whether any particular delay in filling a vacancy would constitute a dereliction of the commissioners court's duty under the constitution. It is for a court, and not this office, to determine how much time would be reasonable. SUMMARY A commissioners court is required to fill a vacancy in the office of justice of the peace. Yours very truly, Rick Gilpin Deputy Chair Opinion Committee