R-38

.

February 7, 1947 . 2’

Hon. Robert Goading Opinion x0. v-38 CountyAttorney P.ed Rivar County Re: Whether or not It is Cltirksville,

Texas legal for tine Comlsslot~ers'

Court of Red River County to appoint a stenographerclerk 

### for the County Attorneywho Dear Sir: is not a licensed lawyer

We'are in'receipt of your letterdated January 9, 1947, in which you requested, an opinion of this Depsrtment on the above.captioned matter. We quote the firstparagraph of your letterwhioh Is as Sollows:~

~"AsCounty Attorney of Red River County, Texas, having a population of 

### 29,769by"the Federal Census of 1940; : thus.throwing the County Into brackets.~: : ,, ~. of 25,001 and to 37,500, I desire to knowwhether or not the appointment and conflmation by the .Commissi.oners'!Court of a stenographer clerk for theCounty..~ Attorney,who Ls not a licensed lawyer,-~~ is legal.'!~. We find.

no statutory or constitutionalpro- ' vision for the Commissioners' Court of any county of thisState~to appoint a stenographerclerk. Therefore,~~ it is the opinion of this Department that there can be no such'appolntment.

We 'Sal1.t.o

find any provision in the Constitution or the statutes for the appointment ofa stenographer for-theCounty.

Attorney save and except that set out In ArticleQla, Revised Statutes, which Is as follows:

"Sec. 1. That in e-ngc.ountg having a poDulatlon ofmore than 100,000 and less than 150,000, and containing a city of more than 75,000 population, according to the Enited States Census for the year 1920, the County Attorney is hereby authorized to ap-Honorable Robert Goodlng - Page 2

point two AssistantCounty Attorneys, each having the qualificationsrequired of County Attorneys, one of whom shall receive a salary of $3000.00per annuffi, and one of whom shall receive a salary of $2400.00per annum. The said County Attorney is also hereby authorized to appoint one,stenographerat a salary not to exceed $1800.00per annum. The.salarles of the Assistants and stenographerabove provided for shall be paid monthly by the county in which such appointments are made.

Red'River County does not come wlthin that cparticular populationbracket as above set out. There1 fore, It is the opinion of this Department that there :

. . can be no appointment of a stenographer for then County i Attorney of said County. E i Article 3902 reads in part 8s follows: i "Wheneverany dFstriot, county or pre- k clnct officer shall require the services of deputies,.

assistants or c1erks.W the perf. formance of his duties he shall apply to the t County Commissioners'Court of his county for authority to appoint~suchdeputies, assistants or clerks, stating by sworn 8pplicatlon the 1, i number needed., the position to be filled and the amount to be paid. Said application shall be accompaniedby a-statement showing the pro1:
bable receipts fromfees', commlssions'andcom- .F. pensation to be collectedby said office during B the fiscal year and the probable disbursements. I : which shall include all sslariesand expenses X~ Iof said office;and said court shall make its 5 orderauthorizing the appointment of such depu- ! ties, assistants and clerks and fix the compensa- : tion to be paid them within the limitationshere- f ..in prescribedand determine the number to be appointed as in the discretion of said court may. 'i' be proper; provided that in no case shall the Commissioners~Court or any member thereof at- '~ tempt to influence the appointment of any person as deputy, assistent or clerk in any ofSic.e.Upon the entry of such order the officersapplying for such assistants, deputies or clerks shallbe.,~ i- .: RonorableRobert Gooding - Page 3

authorized to appoint them; provided that said compensation shall not exceed the maximum amount hereinafterset out. * * *"
In our opinionNo. O-1874, th$s Department hsld,thatthe County Attorney of Liberty County, Texas, uponcompliancewith the provisiorsas set out in Article3902, a clerkmight be appointed for such County p.ttorney

and that it was withln the discretion of the commissioners'Courtto determinewhether or not the ,~ dutiesto be performedby the person employed constitute t:ne duty of a clerk. .Thestatutes do not prescribe the qualificationsof a clerk for county officers. A peraonhaving tb.equalificationsof a stenographer is not forthat reason disqualified from holding the position of clerk in the office of the CountyAttorney or any other countyoffice. . Therefore, there 1s no'legal objtiction

to the CountyAttorney appointing such a person to the position of clerk in his office.

'We know of no statutory or constftutional~provisionfor the clerk of a county attorney to be a li- ~censed

lawyer.. The duties imposea upon,the clerk are whollydifferent from those imposed upon an Assistant~ CountyAttorney. Therefore, it is the opinion of this Departmentthat a clerk of a county attorney is not requiredto be a licensed lawyer under the laws of this State. Sections 2 and.9 of Article,3902,V.A.C.S., areapplicable to RedRiver County and govern the amount of compensationwhich may be paid to said clerk of the CountyAttorney.

There is no statutory or'constitutional .provision specifically authorizing any county officer toappo$nta "stenographer cle~rk." Likewise, there is no authority for the County Attorney of Red River County to appoint a stenographer as such. He has then authority to appoint, with the consent of~the Con!?!issioners' Court of his aounty, .aclerk~whomay have the qualifioationsEonorable Robert Gooding - Page 4

OT a stenb

7rapher. No. O-1874
. iArt. 3902, V.A.C.S.;Opinion

Such a clerk is 'notrequired to be a licensed lawyer;
Yours very truly ATTORXEY GEKERAL OF TEXAS

Assistant

A?PROVED FEB. 7, 1947

..' 2z.L/ tYi?a?d

.. BA:djm:lh
.. 'i Approved Opinioo.Committee By BWB; Chairman

:

;’ ‘..,

‘I