Summary
The article XVI, section 40 prohibition against dual office holding does not apply to the office of justice of the peace|To the extent that a sitting justice of the peace holds dual offices by also serving as a temporary justice under Government Code section 27.055, a court would likely conclude that doing so is constitutional under the exception provided in article XVI, section 40|Government Code section 27.055 authorizes a county judge to appoint \\"a qualified person\\" to serve as a temporary justice of the peace, which denotes one, unspecified individual, not the simultaneous appointment of multiple justices|Government Code section 27.055 does not permit a county judge to appoint an \\"at large\\" temporary justice before the need arises|A sitting justice of the peace who meets the definition of a \\"qualified person\\" may serve as a temporary justice of the peace under Government Code section 27.055 in place of a regular justice of the peace in the same county|The compensation of a regular justice of the peace is set by the commissioners court each year under Local Government Code chapter 152
Opinion File
Opinion File
  • ga1005.pdf