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 HonorableNick D. Woodall CriminalDistrictAttorney Rockwall County Courthouse Rockwall,Texas 75087 Opinion No.JM-163
Re: Whether an individual may be employedboth as a secretary to a criminaldistrict 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.

- 11Texas. 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 fromholdingmore than one position of employmentwithin the county. The positions about which you inquire are clearly not "offices" to which the dual office holding prohibition of the state constitutionmay apply. See Tex. Const. art. XVI, $40. - You state thatyour secretary is a "full-time, salaried employee" who is the only certified court reporter in the county and works for the county court intermittentlywhen needed. Your characterizationof the employee as "full-time" is of little consequence in answeringyour 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 duringwhich she cannothave other employment. Where office .ho"rs have been legally adopted for county employees, we believe that "full-time" employees may not have other employmentduring thosehours. See V.T.C.S. art. 2372h (hoursofwork in counties over 500,000); art, 2372h-6 (civil service system in countiesover 200,000population).
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 positionwithin county government.

p. 717HonorableNick 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 efficientoperationand administrationof the office." Id. 05. The salaries of his administrative personnel are paid by the commissionerscourt as are necessary expenses. You state that your secretary is employedby 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 (appointmentof certified shorthandreporters in civil cases pending in county courts); Tex. R. Civ. P. 376b. 376~ (dutiesof 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 trulyyou 

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JIM MATTOX Attorney General of Texas TOM GREEN FirstAssistantAttorney General
DAVID R. RICHARDS ExecutiveAssistantAttorneyGeneral Preparedby David Brooks AssistantAttorney General
APPROVED: OPINION COKMITTEE Rick Gilpin, Chairman David Brooks Colin Carl Susan Garrison Jim Moellinger Nancy Sutton