Texas Attorney General Opinion: JM-49 Page: 2 of 3
3 p.View a full description of this text.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Honorable Britt Plunk - Page 2
Article 1650 does not require that these appointments be made
only once during the year and the compensation fixed for the entire
budget year but it does state that the district judge "shall annually
have the right to withdraw such consent and change the number of
assistants permitted." It is our opinion that the district judge may,
during the course of the budget year, direct a change in the county
budget which increases the salaries of the assistants in the county
auditor's office. Such change may be made: (1) upon a proper
application made by the auditor to the district court; (2) only if
such action does not require county expenditures in excess of
anticipated revenue of the county for that year; and (3) only if
amendment of the county budget is made in compliance with law.
Attorney General Opinion 0-284 (1939). See Attorney General Opinions
MW-169 (1980); H-1238 (1978); H-314 (1974); H-11 (1973); V.T.C.S.
arts. 3912k, 689a-20; Southland Ice Company v. City of Temple, 100
F.2d 825 (5th Cir. 1939); Neptune v. Renfro, 586 S.W.2d 596 (Tex. Civ.
App. - Austin 1979, no writ).
Your second question concerns the appointment of a court
coordinator for the district court. You ask whether the district
judge may appoint such a person and direct the commissioners court to
pay a specified salary. We find no authority for the district judge
to unilaterally create such position and compel the county
commissioners court to pay the specified salary. Only those district
courts in counties with a population of over 700,000 which hear
primarily criminal matters are authorized to establish and maintain a
court coordinator. V.T.C.S. art. 1918a. See Attorney General Opinion
MW-315 (1981). The appointment and salary of such court coordinator
is determined by the district judges. See also, V.T.C.S. arts. 1934b
(court administrator for county courts at law); 1934c (court manager
and coordinator in counties of 2,000,000 in population). With regard
to support personnel of the court, the district court of Hardin County
is entitled only to the services of the district clerk, article
199(88), section 10, and official shorthand reporter, id. section 12.
We note that the commissioners court may in its discretion provide
"adequate secretarial personnel" to a district officer, V.T.C.S. art.
39121. However, in the absence of any statutory authority the
district judge may not unilaterally appoint and set the salary for a
court coordinator.
SUMMARY
A district judge is empowered to increase the
salaries of assistants in the county auditor's
office at any time during a budget year. A
district judge may not appoint a court
coordinator.
Very truly you
JIM MATTOX
Attorney General of Texasp. 210
(JM-49)
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-49, text, July 28, 1983; (https://texashistory.unt.edu/ark:/67531/metapth272489/m1/2/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.