Hon. R. A. Smoot

Board o? Pardons Cepitol Station Austin, Texas

Dear Sir: TEXAS
AUSTENBP.TEXAS

Marah 25, 1949
S&mid, Member and Parolee
OpinionNO. vi793
Re: Authority of a district judge to appoint,with the approval of the Board of Pardons and Parolee, a probation and parole officer under the proviaionaof Article 701b,V.C.C.P., to L serve without cost to the State or county.

Your request for an opinion on the above captioned subjeot, in -part,reads:

m#e desire the opinion of your office regarding the legali,ty of the appointment of a Probation Officsr by a DistrictJudge, under the provisionsof Article 78lb,Code of CriminalProcedure,wi~thout cost to the aounty or state, and the confirmationof this appointmentby the Board of Pardons and Paroles. “Underparagraph one of Seotion 24, Article 78lb, it is the interpretation of the Board that the appointmentof Parole and Probation offiaers ie a prerogativeof the Board of Pard6nns

and Paroles. “We quote from paragraph one of Section 24 Article 781b; Code of CriminalProcedure: o’All appointmentsof probationand parole officers shall be made from’the eligible list by the Director OY Probation and Parole, subjeot to and withHon. R. A, Smoot S&mid - Page 2 (V-793)

the appr$val of said Board**

*It is the interpretation of the District Judge that he &,qs the power under Article 781b to appoint a probation officerwithout cost to the county or state and has requested the Board to confirm this appointment. *Your opinion is neosssaryon aocount of the oonfllotingviaws of the Board **of** Pardon8 and Parole8 and the Diatrict Judge,"; Section 23 of Article 781b, V.C.C,PO,authorizes the Board of Pardon8 and Paroles to appoint a Dirsator of Probation and Parole whenever appropriations are made available to pay his salary and enable him to perform the duties 'imposed upon him by Article **781bs** Section 24 authorizesthe Director of Probation and Parole, nappropriation8 permitting,"to appoint probation and parole officers, subjeot to the happroval of the Board of Pardons and Parolea. The duties of such officersare presoribedby Article'ISlb and pertain to both probationers and paroleesO~The salaries of these,

officersare paid by the State.'
In Attorney General'sOpinionRo, V-4lS, it was said: Wectfons 24, 25, 26, 27, 28, and 29 provide for the appointmentof probation and'paroleofficer8 and define their duties and powers and provide for their assignmentto various court8 of the State, It is contemplatedfrom such Sections that these probation and parole officer8 are to be full-timeemployee8and receive a salary for their services, However the Legislaturehas made no appropriafions to pay the salaries of such officersand by reason thereof, such Section8 are ineffeotual until a subsequentLegislatureappropriates

monies with which to pay the salariesof such officers.WHon. R. A. Smoot Scbmid - Page 3 (V-793)

The exclusivepower to appoint probationand parole officershas been conferredby Article 701b upon the Director of Probationand Parole, subject to the approval of the Board of Pardons and Paroles. Therefore, it necessarilyfollow8 that a district judge has no authority in virtue of that Article to appoint, either with or without the approval of the Board, a person to act as such an officer,with or without cost or expense to the State or county.

Article 781b, supra, commonlyknown as the "Adult Probation and Parole Law," has no application whatever to juveniles. This opinion of course* i8 not concernedwith those statutesproviding for the appointment of juvenileprobation or parole officera,whose duties are confined to juvenilecases. S-Y The exclusivepower to appoint probation and parole~officers ha8 been conferredby Article 781b, V.C,C.P.;upon the Director of Probation and Parole, BubjeOt to the approval of the Board of Pardons and Paroles.
A district judge has no authority to appoint, eitherwith or without the approval of the Board of Pardon8 and Paroles, a person to act as a probationand parole officer,with or without cost'

or expense to the State or county. Art. 701b, V,C.C,P., 88~8. 23; 24. Yours very truly, ATl'ORNRYGRMRRAL

OFTEXAS

D#B:wb I Bruce W. Bryant ASSiBtaut

ATTORNEYGRWRRAL