JOHN L. HILL
Attorney General
The Attorney General of Texas
March  9,   1978
Supreme Court Building
P.O. Box 12548
Austin, TX. 78711
512/475-2501
701 Commerce, Suite 200
Dallas, TX. 75202
214/742-8944
4824 Alberta Ave.. Suite 160
El Paso, TX. 79905
915/533-3484
723 Main, Suite 610
Houston, TX. 77002
713/228-0701
806 Broadway, Suite 312
Honorable James W. Smith, Jr.
County Attorney for Frio County
P. O. Box V
Pearsall, Texas 78061
Dear Mr. Smith:
Opinion No. H-1132
Re:      Appointment of a special
county judge.
Lubbock, TX. 79401
806/747-5233 -
4313 N. Tenth, Suite F
McAMen, TX. 78501
512/682-4547
200 Main Plaza, Suite 400
San Antonio, TX. 78205
512/225-4191
An Equal Opportunity
Affirmative Action Employer
You ask several questions about the appointment of a special county
judge, when the regular county judge is disabled for an extended or indefinite
period of time. You note that the commissioners court has authority under
article 30.03, section 2 of the Code of Criminal Procedure to appoint a
special county judge to hear cases, and ask whether he must be reappointed
for each case.  Article 30.03 provides in part:
Section 1. When the judge of the county court or
county court at law, or of any county criminal court, is
disqualified in any criminal case pending in the court
of which he is judge, the parties may by consent agree
upon a special judge to try such case. ...
Sec. 2. In the event a county judge or the regular
judge of a county court at law created in a county is
absent, or is for any cause disabled from presiding, a
special judge, who is an attorney, may be appointed by
the commissioners court of the county.
Sec. 3. The special judge so appointed must possess
those qualifications required of the regular judge of
the court and, when appointed shall serve for the
period of time designated by the order of appointment
but in no event beyond that period of time the regular
judge is absent or disabled.
When a special judge is appointed pursuant to section 2, he serves for
the period stated in section 3. Section 3 does not limit the term of
appointment to a single case, and may be contrasted with section 1, which
provides   for   a   special   judge   in   any   ease   where   the   regular   judge   is
p.   4616