T 

OF TEXAS 

AUSTIN. T-s 78711 

February 19, 1975 

The Honorable Otis Hill 

Criminal District Attorney 

Gregg county 

P. 0. Box 2403 

Longview, Texas 75601 

Opinion No. H- 533 

Re: Authority of juvenile judge 

over juvenile probation office. 

Dear Mr. Hill: 

You have asked two questions relating to the authority of the Judge 

of the Court of Domestic Relations in Gregg County when his court is 

designated juvenile court for the county pursuant to section 5LOQ(b), Texas 

Family Code. 

Your first question is: 

Does the judge of the juvenile court of Gregg 

county, Texas, have the statutory authority 

to establish the qualifications and salary of 

the juvenile probation office and to appoint 

members of that office? 

Article 2338-13, V. T. C. S., establishes the Court of Domestic 

Relations in Gregg County, and includes within the court’s jurisdiction 

“all jurisdiction, powers and authority now or hereafter placed in the 

District or County Courts under the juvenile and child welfare laws of 

this state . . . .‘I 

Section 10 of this article is of principal concern: 

The Judge of the Court of Domestic Relations 

shall have authority to appoint such officers and 

investigators that might be necessary to the proper 

p. 2403 
The Honorable Otis Hill page 2 (H-533) 

administration of its jurisdiction in Gregg County; 

when he deems it necessary to the proper administration of such Court, he may appoint a Court 

Reporter provided such appointments are approved 

by the Commissioners Court of Gregg County, by 

a majority vote of said members, the salaries and 

compensation of such officers and Court Reporter 

to be determined by the Commissioners Court of 

Gregg County by a majority vote of said members 

and to be paid by the Commissioners Court out of 

the General Fund of Gregg County for the services 

rendered therein. (Emphasis added). 

No Texas decision has defined the scope of a power “to appoint such 

officers and investigators that might be necessary” to the court’s jurisdiction. Only three other Courts of Domestic Relations have such authority. 

See V. T. C.S. art. 2338-4, $11 (Lubbock County); V. T. C.S. art. 2338-8 

g (Smith County) and V. T. C. S. art. 2338-20, 5 11 (Midland County). 

In our judgment this language is broad enough to include the power 

to appoint juvenile officers in Gregg County if the judge decides such’ 

officers are necessary to the proper administration of his court’s juvenile 

jurisdiction. This decision, involving a construction of the court’s power 

under an enabling statute, is initially the primary right of the j.udge. .,.,. :, 

A similar statute creating the Court of Domestic Relations in Potter 

County expressly grants authority to appoint juvenile officers. 

The Judge of the Court of Domestic Relations 

shall have authority to appoint such juvenile officers, 

juvenile probation officers and investigators as might 

be deemed necessary to the proper administration of 

its jurisdiction. . . . V.T.C.S. art. 2338-3, $8. 

Another indication that the judge of the Gregg County Court of Domestic 

Relations may appoint juvenile probation officers is found by comparing the 

fpur statutes which give a judge power to appoint “such officers and investigators” with statutes which restrict the judge to appointing a court reporter. 

p. 2404 
The Honorable Otis Hill page 3 (H-533) 

Whenever the judge is given general authority, the statute is silent on 

the duty of employees and officers of the probation department to assist 

the Court. But where his power is limited, the statute invariably imposes 

an express duty of assistance upon probation personnel. Compare V. T. C. S. 

arts. 2338-4, 2338-8, 2338-13 and 2338-20 with V. T. C.S. arts. 2338-5, 

2338-6, 2338-7, 2338-9, 2338-10, 2338-11, 2338-14, 2338-15, 2338-16, 

2338-19. 

The difference can be explained if the judge’s general authority 

includes the power to appoint juvenile probation officers because such 

persons would be accountable to him, and necessarily required to render 

assistance when requested. 

Article 5142, V. T. C. S. , which permits commissioners courts in 

counties of a certain size to appoint one juvenile probation officer, is not 

an exclusive grant of power, and, if it is applicable in Gregg County, it 

can be given effect along with article 2338-13, $10 which is, in any event, 

a subsequent expression of legislative intent. 

The salaries for juvenile probation officers appointed by the Court 

can either be determined “by the Commissioners Court of Gregg County 

by a majority vote of said members . . .‘I as provided in $10, or in 

accordance with article 5142d providing: 

The Commissioners Courts of all counties in 

which Juvenile Officers or Probation Officers, or 

their assistants, are employed under existing laws 

of this State, shall fix the salaries to be paid such 

Juvenile Officers or Probation Officers and their 

assistants, and provide for their expenses, without 

limitation. Provided, that in Counties where there 

is a Juvenile Board, said Board shall recommend 

the salary to be paid to such Juvenile Officer or 

Probation Officer and their assistants, which salary 

shall be approved by the Commissioners Court . . . . 

(Emphasis added) 

p. 2405 
The Honorable Otis Hill page 4 (H- 533) 

Since article 5139GGG creates a juvenile board for Gregg County, 

the proviso is applicable. If one or the other procedure must be controlling, 

it is our opini~on that article 5142d addresses the subject of salaries for 

juvenile officers more directly than does article 2338-13, $10, and 

consequently, its procedure should be followed. 

Your second question is whether the judge of the Court of Domestic, 

Relations in Gregg County may be appointed to membership on the juvenile 

board. 

Article 5139E-2, V. T. C. S., is applicable to ‘Gregg County and, 

provides: 

In any county having a population of not less 

than 75,800 and not more than 78,000 according 

to the last preceding federal census, the 

Commissioners Court may name the judge of the 

court of domestic relations as an additional 

member of the juvenile board and may pay him 

for his services on the board in an amount 

not to exceed the additional compensation allowed 

other members of the county juvenile board. 

In 1973, article 5139GGG, V. T. C.S., was adopted and requires that ., 

,,.,. ~,. 

the Gregg County Juvenile Board “shall be composed of the district judges 

of the several judicial districts of the county and the county judge of Gregg 

County. ” 

You have suggested that the 1973 Act repeals article 51393-2 by 

implication. This might be the case if article 5139GGG had said the 

Board “shall only be composed” of certain persons, but as written it 

is easily reconciled with the permissive language of article 51393-2 which 

authorizes, but does not require, the appointment of the Judge of Domestic 

Relations to the Juvenile Board of Gregg County. 

Texas courts are reluctant to find repeals by implication and only 

do so where the provisions of a later statute are clearly repugnant to an 

earlier one. Garrett v. State, 279 S. W. 2d 366 (Tex. Crim. App. ,1955); 

Jefferson County v. Board of County and District Road Indebtedness, 182 

S. W. 2d 908 (Tex. Sup.. 1944). 

p. 2406 
The Honorable Otis Hill page 5 (H-533) 

SUMMARY 

The Judge of the Court of Domestic Relations 

in Gregg County has power to appoint juvenile 

probation officers when such officers are necessary 

to the proper administration of the court’s juvenile 

jurisdiction. Their salaries should be recommended 

by the Gregg County Juvenile Board and approved by 

the Commissioners Court. The statute authorizes 

but does not require the Judge of the Court of 

Domestic Relations to be appointed to the Gregg 

County Juvenile Board by the Commissioners Court. 

Very truly yours, 

Qz!& 

JOHN L. HILL 

Attorney General of Texas 

PPROVED: 

yzlkxk4b 

DAVID M. KENDALL, First Assistant 

C. ROBERT HEATH, Chairman 

Opinion Committee 

lg 

p. 2407