JIM MATTOX 

Attorney General 

The Attorney General of Texas 

he a, 1984 

Supreme Court Building 

P. 0. BOX 12546 

Austin, TX. 76711. 2546 

512/475-2501 

Telex 9101674.1367 

Telecopier 512/475-0266 

Honorable Nick D. Woodall 

Criminal District Attorney 

Rockwall County Courthouse 

Rockwall, Texas 75087 

Opinion No.JM-163 

Re: Whether an individual may 

be employed both as a secretary 

to a criminal district attorney 

and as a court reporter for a 

714 Jackson. Suite 700 county court 

Dallas, TX. 75202.4506 

214l742.6944 Dear Mr. Woodall: 

4624 Alberta Ave., Suite 160 

You have asked whether an individual may be employed as a 

El Paso, TX. 79905.2793 

secretary for the criminal district attorney and es a court reporter 

915(533-3464 for the county court. 

- 

11 Texas. Suite 700 

, nousto”, TX. 77002-3111 

713/223-5666 

606 Broadway, Suite 312 

Lubbock. TX. 79401.3479 

606,747.5239 

4309 N. Tenth, Suite B 

,&Allen, TX. 76501.1665 

5121662-4547 

200 Main Plaza, Suite 400 

San Antonio. TX. 76205.2797 

51212254191 

An Equal Opportunity/ 

Affirmative Action Employer 

There is no general prohibition which would prohibit county 

employees from holding more than one position of employment within the 

county. The positions about which you inquire are clearly not 

"offices" to which the dual office holding prohibition of the state 

constitution may apply. - See Tex. Const. art. XVI, $40. 

You state that your secretary is a "full-time, salaried employee" 

who is the only certified court reporter in the county and works for 

the county court intermittently when needed. Your characterization of 

the employee as "full-time" is of little consequence in answering your 

question. The status of a county employee as "full-time" is 

meaningless in the sense that there is no definition of full-time or 

requirement, for example, that employees work a 40 hour work week. 

You state that the hours observed by your secretary in performing 

duties in your office are determined solely by you and are variable. 

In essence, your secretary is being paid to perform specified duties 

and is not necessarily employed for a specified time during the day 

during which she cannot have other employment. 

Where office .ho"rs have been legally adopted for county 

employees, we believe that "full-time" employees may not have other 

employment during those hours. See V.T.C.S. art. 2372h (hours of work 

in counties over 500,000); art, 2372h-6 (civil service system in 

counties over 200,000 population). 

In Attorney General Opinion MW-415 (19Sl) this office concluded 

that one person could legally serve in the positions of deputy county 

clerk and deputy district clerk. Thus, a person may hold more than 

one position within county government. 

p. 717 
Honorable Nick D. Woodall - Page 2 (JM-163) 

The office of criminal district attorney for Rockwall County is 

crested by article 326k-77. V.T.C.S. Under the statute, it is his 

duty to prosecute all criminal offenses in district and inferior 

courts of Rockwall County. He is authorized to appoint 

"stenographers, clerks, and other personnel as are required for the 

proper and efficient operation and administration of the office." Id. 

05. The salaries of his administrative personnel are paid by the 

commissioners court as are necessary expenses. 

You state that your secretary is employed by the Rockwall County 

Court in her private capacity from time to time to serve as s 

certified court reporter. See V.T.C.S. art. 2321 (appointment of 

court reporter for each courtof record); art. 2324 (duties of court 

reporter); art. 2324b (regulation and certification of court 

reporters); art. 2327 (appointment of certified shorthand reporters in 

civil cases pending in county courts); Tex. R. Civ. P. 376b. 376~ 

(duties of court reporter). We do not believe that your secretary is 

barred as a matter of law from serving as a court reporter in the 

Rockwall County Court. We do not, however, address the propriety, as 

a matter of policy, of your secretary serving as court reporter in a 

criminal case in which you serve as prosecutor. - See art. 2324b, 

113(a). 

SUMMARY 

The secretary for the Rockwall County Criminal 

District Attorney may serve ss a court reporter 

for the Rockwall County Court in non-criminal 

matters. 

Very truly you L-l-/‘/‘/‘/‘/

- 

JIM MATTOX 

Attorney General of Texas 

TOM GREEN 

First Assistant Attorney General 

DAVID R. RICHARDS 

Executive Assistant Attorney General 

Prepared by David Brooks 

Assistant Attorney General 

APPROVED: 

OPINION COKMITTEE 

Rick Gilpin, Chairman 

David Brooks 

Colin Carl 

Susan Garrison 

Jim Moellinger 

Nancy Sutton