R-38 . 

February 7, 1947 

. 2’ 

Hon. Robert Goading Opinion x0. v-38 

County Attorney 

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 stenographer clerk for 

the County Attorney who 

Dear Sir: is not a licensed lawyer 

We'are in'receipt of your letter dated January 

9, 1947, in which you requested, an opinion of this Depsrtment on the above.captioned matter. We quote the 

first paragraph of your letter whioh Is as Sollows:~ 

~"As County Attorney of Red River 

County, Texas, having a population of 

29,769 by"the Federal Census of 1940; : 

thus. throwing the County Into brackets. ~: : ,, ~. 

of 25,001 and to 37,500, I desire to 

know whether or not the appointment and 

conflmation by the .Commissi.oners'!Court 

of a stenographer clerk for the County..~ 

Attorney, who Ls not a licensed lawyer,-~~ 

is legal.'! ~. 

We find. no statutory or constitutional pro- ' 

vision for the Commissioners' Court of any county of 

this State~to appoint a stenographer clerk. 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 of a stenographer 

for-the County. Attorney save and except that set out In 

Article Qla, Revised Statutes, which Is as follows: 

"Sec. 1. That in e-ng c.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 Assistant County Attorneys, 

each having the qualifications required 

of County Attorneys, one of whom shall 

receive a salary of $3000.00 per annuffi, 

and one of whom shall receive a salary 

of $2400.00 per annum. The said County 

Attorney is also hereby authorized to 

appoint one,stenographer at a salary not 

to exceed $1800.00 per annum. The.salarles 

of the Assistants and stenographer above 

provided for shall be paid monthly by the 

county in which such appointments are made. 

Red'River County does not come wlthin that 

cparticular population bracket 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 

"Whenever any 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~such deputies, 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 accompanied by a-statement showing the pro1: 

bable receipts fromfees', commlssions'and com- .F. 

pensation to be collected by said office during B 

the fiscal year and the probable disbursements. I 

: 

which shall include all sslaries and expenses 

X~ 

I of said office; and said court shall make its 5 

order authorizing the appointment of such depu- ! 

ties, assistants and clerks and fix the compensa- 

: 

tion to be paid them within the limitations here- f 

..in prescribed and 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 officers applying 

for such assistants, deputies or clerks shall be 
.,~ 

i- .: 

Ronorable Robert Gooding - Page 3 

authorized to appoint them; provided that 

said compensation shall not exceed the 

maximum amount hereinafter set out. * * *" 

In our opinion No. O-1874, th$s Department 

hsld,that the County Attorney of Liberty County, Texas, 

upon compliance with the provisiors as set out in Article 3902, a clerk might be appointed for such County 

p.ttorney and that it was withln the discretion of the 

commissioners' Courtto determine whether or not the ,~ 

duties to be performed by the person employed constitute 

t:ne duty of a clerk. .The statutes do not prescribe the 

qualifications of a clerk for county officers. A peraon having tb.e qualifications of a stenographer is not 

for that reason disqualified from holding the position 

of clerk in the office of the County Attorney or any 

other countyoffice. . Therefore, there 1s no'legal objtiction to the County Attorney appointing such a person 

to the position of clerk in his office. 

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

~censed lawyer.. The duties imposea upon,the clerk are 

wholly different from those imposed upon an Assistant~ 

County Attorney. Therefore, it is the opinion of this 

Department that a clerk of a county attorney is not required to be a licensed lawyer under the laws of this 

State. 

Sections 2 and.9 of Article,3902, V.A.C.S., 

are applicable to RedRiver County and govern the amount 

of compensation which may be paid to said clerk of the 

County Attorney. 

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, .a clerk~who may have the qualifioations 
Eonorable Robert Gooding - Page 4 

OT a stenb 

7 

rapher. 

No. O-1874 . 

iArt. 3902, V.A.C.S.;Opinion 

Such a clerk is 'not required 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 

: 

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