Hon. Thomas .A. Wheat 

County Attorney 

Liberty County 

Liberty, Texas 

Dear sir: 

opinion No. o-1874 

Re: Can a clerk be hired by the 

county attorney of Liberty County? 

Is the office helper described a 

clerk? 

This will aclmowledge receipt ‘of your letter of 

January 19, 1940, wherein you request the opinion of this 

department on the above stated questions. 

Your letter reads, in part, as follows: 

“Liberty County Is a County having less than 

25,000 inhabitants according to the last Federal census, however, it, operates on a salary 

basis and pays its officers upon a salary basis. 

The Couuty Attorney of this County needs a clerk 

or secretary, for the reason that there are numerous aleriaal duties to be performed, such as 

keeping the minutes ‘of said office’; and the records and proceedings of the Justice end, County 

Courts and of keeping the reaords and proceedings of the County Attorney’s Office, and of the 

Grand Jury, when in session, draw complaints for 

both County and Justice Courts, end keeping a 

record of the County Court Criminal cases, to 

keep ‘a file on criminal minutes and both civil 

matters concerning the County in which the Couutg 

Attorney may be involved,.to write letters, dispatches 

ords an A 

orders, public and private papers, recthe like of the County, to take confessions and numerous other~duties of a like nature. 

As :such 

of a he i 

the County Attorney actually has need 

per who may be termed a clerk or secretary to perform’the above-mentioned duties. 

“The question arises as to whether or not the 

County Attorney is entitled to have one employed 

under the authorization of the County Commissioners’ Court under Article 3902 ***I’ 

Article 3902, Vernon’s Civil ¬ated Statutes, 

read, in part, as follows: 
Hon. Thomas A. Wheat, page 2 (O-1874) 

‘Whenever any district, county or precinct 

officer shall require the services of deputies, 

assistants or clerks in the performance of his 

duties he shall apply to the County Commissioners’ Court of his county for authority to appoint such deputies, assistants or clerks 

ing by sworn application the number neede& 

statthe 

position to be filled and the amount to be paid. 

Said application shall be accompanied by a statement showing the probable receipts ~from fees, 

commissions and compensation to be collected by 

said office during the fiscal year and the 

probable disbursements which ,shall include all 

salaries and expenses of said office; and said 

court shall make its order authorizing the appointment of such deputies, assistants and 

clerks and fix the compensation to be paid them 

within the limitations herein prescribed and 

determine the number to be appointed as in the 

discretion of said aourt may be proper; provided that iu no case shall the Commissioners1 

Court or any ,member thereof attempt to influence 

the appointment of,, any person ,as deputy, assistant or clerk in any office,. Upon the entry of 

such order the off icer~s applying for such assistants, ~~deputies or clerks shall be authorized 

to appoint them; provided that said compensation 

shall not exceed the ~ximum amount hereinafter 

set out. The compensation which may be allowed 

to the deputi,es, assistants or clerks above 

named for their services shall be a reasonable 

one,~ not to excee$ the following amounts: 

“1. In counties’ having a population of twentyfive thousand (25 000) 

assistant or chle h 

or less inhabitants, first 

deputy not to exceed Eighteen 

Hundred ($18OO,OC) .Dollars per -urn; other assistants, deputies or clerks not to exceed Fifteen Huudred ($l!?OCiOO) Dollars Peru annum each.” 

Webster’s knew International Dictionary defines the 

word, “clerk” as follows: 

“One employed to keep~records or accounts, 

or to have charge of correspondence, or the like; 

a scribe ; 

court; 

an accountant; as) the clerk of the 

a townclerk;~ a bank clerk. Clerk is an 

indefinite term of wide application and may include employees’clothed with author&y to act 

in various weighty autters for their employers, 
Hon. Thomas Aa Wheat, page 3 (o-1874) 

such as a teller of a bank or the secretary of 

a corporation.n 

Bouvier's Law Dictionary defines the word 1'clerk8t as- 

"A person employed in au office, public or 

private, for keeping records or accounts. His 

business is to write or register, in proper form, 

the transaction of the tribunal or body to which 

he belongs, Some clerks, however, have little 

or no writing to do iu their office and the clerk 

of the market whose duties are confined chiefly 

to superihten 4 ing the mrket. This is a common 

use of the word at the present day, and is a very 

ancient signification, being derived probably 

from the office of the clerics who attended, among 

other duties, to the provisioning the King's household. 

"A person serving a practicing solicitor under 

binding articles in England, for the purpose,of 

being admitted to practice as a solicitor. 

"In New egma used to designate a corporation offdcial who performs some of the duties of 

the secretary." 

You are respectfully advised that it is the opinion 

of this department that when a county attorney complies with 

the terms of Article 3902, supra, a clerk may be appointed for 

the county attorney. 

In answer to your second question you are advised 

that it is wholly within the discretion of the commissioners* 

court to determine whether or not the duties to be performed 

by the person employed constitute the duties of a clerk. 

Trusting that the foregoing fully answers your 

quiry, we remain 

Yours very truly 

ATTGRNEY GENERAL OF 

- , __ __.--. 

TEXAS 

By /s/ Ardell Williams 

Ardell Williams. Assistant 

IllAPPROVED JAN 27. 1940 

/s/ Gerald C. i6u.u~ 

ATTORNEY GERERAL OF TEXAS 

AWrobrwb 

.