# The Attorney General of Texas

July 28, 1983 JIM MATTOX Attorney General

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An Equal Opportunityi Affirmative Action Employer HonorableBritt Plunk Hardin CountyAttorney P. 0. Box 516 Kountse,Texas 77625 OpinionNo. JM-49
lk: Whether district judge may raise salariesof countyauditor's deputies at any time during the year and whether district judge may appoint court coordinator and set salary in absence of statutory authority

DearMr. Plunk:
You have asked whether the district judge of Hardin County may direct the commissioners court to raise the salaries paid to assistants in the county auditor's office at any time during the course of the county's budget year. [We presume that the county auditor has made proper application for any such raise.1 V.T.C.S. art. 1650.
Article 1645, V.T.C.S., requires the appointment of a county auditor inHardin County. The district judge or judges of the county determine the salary tobe paid to the countyauditor. This salaryof the auditor may be increased during the course of the budget year. Attorney General Opinion H-1266 (1978). SeeAttorney General Opinion M-678 (1970). The authority to hire andcompensate assistants and deputies in the county auditor's office is contained in article 1650, V.T.C.S. This statute provides that the auditor shall apply "at any time" to the district judge for the appointment of named assistants and the salariesrequested to be paid to them. The district judge is required to considertheappointmentrequest from the auditorand upon approvingsuchappointmentsand salaries the judge is requiredto:

prepare a list of the appointees so approved and the salariestobe paid eachand certify said list to the Commissioners Court of said county. The Commissioners Court shall thereupon order the smount paid from the General Fund of said county upon the performance of the services; and said Court shall appropriate adequate funds for the purpose.
V.T.C.S.art. 1650.

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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 assistantspermitted." It is our opinion that the district judgemay, 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 Oninion O-284 (1939). See Attornev General Ooinions MW-169 *(1980); H-i238 (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 (5thCir. 1939);NeptuneV. Renfro, 586 S.W.2d 596 (Tex.Civ. APP. - Austin 1979,nowrit).
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 commissionerscourt to pay a specified salary. We find no authority for the district judge to unilaterally create such position and compel the county commissionerscourt to pay the specified salary. Only those district courts in counties with a population of over 700,000 which hear primarily criminalmatters are authorized to establishand maintain a court coordinator. V.T.C.S.art. 1918a. SeeAttorneyGeneralOpinion MN-315 (1981). The appointment and salaryof such court coordinator is determinedby the district judges. See also,V.T.C.S. arts. 1934b (courtadministrator for county courts at law); 1934c (courtmanager and coordinator in countiesof 2,000,OOO in population). With regard to supportpersonnelof the court, the districtcourt ofHardin 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 "adequatesecretarialpersonnel" to a districtofficer. V.T.C.S.art. 39121. However, in the absence of any statutory authority the district judgemay 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 m=Y not appoint a court coordinator.
Very trulyyou

J k&

& JIM MATTOX AttorneyGeneralof Texas 1

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HonorableBritt Plunk - Page 3 (JM-49)

TOM GREEN FirstAssistantAttorneyGeneral

DAVID R. RICHARDS ExecutiveAssistantAttorneyGeneral Preparedby David Brooks AssistantAttorneyGeneral
APPROVED: OPINION COMMITTEE
Rick Gilpin,Acting Chairman Jon Bible David Brooks Colin Carl JimMoellinger

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