THE ATTORNEY GENERAL 

OF TEXAS 

September 14, 1990 

Honorable David Brabham Opinion No. JM-1222 

Criminal District Attorney 

Gregg County Re: Authority of a municipalP. 0. Box 3403 ity to establish a warrant 

Lonqview, Texas 75606 division under the direction 

of the municipal court 

(RQ-2038) 

Dear Mr. Brabham: 

Your questions concern the 

Lonqview, 

authority of the City of 

a general law municipality, to establish a warrant 

division for its municipal court of record. You ask whether 

the warrant officers possess the authority of a duly certified peace officer in "serving warrants, capias warrants, 

summons, subpoenas, attachments, and other process issuing 

from the court: serv[inq] as bailiffs during sessions of 

court: and wear[inq] uniforms appropriate to their position." 

You advise that your questions are limited to whether 

the city may appoint warrant officers and whether such 

officers possess the authority to perform the duties YOU 

have detailed. YOU state that there is no concern about 

creating a warrant division as such and that there is no 

conflict between the governing body of the city and 

officials over who will make the appointments. 

Section 30.202 of the Government Code provides that the 

governing body of the City of Lonqview may provide for a 

municipal court of record to be known as the "City of 

Lonqview Municipal Court." Subsection (b) of section 30.205 

provides: 

The governing body of the citv shall 

provide deputy clerks, warrant officers, and 

other personnel as needed for the oroner 

oaeration of the municinal courts of record. 

(Emphasis added.) 

p. 6472 
Honorable David Brabham - Page 2 (JM-1222) 

You provide the following information relative to the 

city's plan to create the position of "warrant officer": 

The City of Lonqview proposes to employ staff 

for such position separate and apart from its 

police department. The individuals employed 

would be certified in accordance with Chapter 

415, Section 415.001 et seq of the Government 

Code as peace officers meeting all certification requirements of the state. In addition, 

such warrants officers would be full-time 

employees of the City, fully compensated for 

their service as employees of the City, and 

not paid on the basis of a commission or 

other fee related to their actual service of 

process. These warrant officers would in 

many respects fill the role assumed by city 

marshals in general law cities, would meet 

all certification requirements of peace 

officers, but would limit their responsibilities to lawful exercises of authority in 

the furtherance of the responsibilities of 

the municipal court. 

Chapter 30 of the Government Code authorizes the 

creation of municipal courts of record in numerous cities of 

this state. Provision is made for the governing bodies of a 

number of these cities to provide for "warrant officers" to 

be utilized in the operation of the court. However, the 

statutes authorizing the creation of municipal courts of 

record do not 

officers.1 

assign any particular duties to warrant 

YOU state that warrant officers for the Lonqview 

Municipal Court will be certified peace officers. Therefore, we need not consider whether warrant officers must be 

certified peace officers. Certainly giving a peace officer 

the title "warrant officer" would not diminish his authority 

to serve process. 

1. The authorities are replete with definitions of 

"warrant officers," but all relate to that position in the 

military context. @g 44A Words and Phrases at 596; 6 

C.J.S. Armed Services §§ 27, 80, 89, 121, 155, 168; 54 Am. 

Jur. Military 59 23, 149: XIX Oxford English Dictionary 929 

(2d ed. 1989). 

P. 6473 
. 

1 

Honorable David Brabham - Page 3 (JM-1222) 

You ask whether the warrant officer may serve as 

bailiff for the court. While we find no express authority 

for utilization of a bailiff in a municipal court of record, 

we believe that the court has inherent authority to request 

the warrant officer to serve in such capacity. Volume 20 of 

American Jurisprudence 2d Courts, section 4, discusses 

positions that are considered as an inherent part of a 

court. It is noted that while a clerk may not always be 

considered an inherent part of the court certain inferior 

officials, including a bailiff,2 are considered 

in the proper administration of justice. 

necessary 

Although the exact 

limit of the powers of judges as to appointments is not 

entirely settled, 'Ia long continued and rarely challenged 

practice has ,in fact confided to them the appointment of 

many officers of inferior grades . . . .'I 46 Am. Jur. 2d 

Judses § 27. Included in this group are bailiffs. Id. We 

perceive no reason why the warrant officer may not serve in 

such capacity.3 

.- 

You also ask whether warrant officers may wear uniforms 

appropriate to their positions. Section 37.12 of the Penal 

Code makes it an offense for a person to wear a 

insignia, etc., 

badge, 

identifying that person as a peace officer 

unless that person has been certified or licensed by the 

Commission on Law Enforcement Officer Standards and 

Education in the capacity indicated on the identifying item. 

Because you state that the warrant officer in question will 

be a certified peace officer, the warrant officer may wear a 

badge appropriate to his position. 

2. Chapter 53 of the Government Code, entitled 

g'Bailiffs,t' makes it mandatory that bailiffs be appointed 

for a limited number of designated courts in this state. 

3. Article 36.24 of the Code of Criminal Procedure 

provides that a sheriff or deputy sheriff may serve as 

b+LLtt +x. t -czxC, vzh%%sa +A&.. -&~vcsi i--h +ba '-2 -;a?L&4 -tea b 

witness. Code Crim. Proc. art. 36.24. 

p. 6474 
Honorable David Brabham - Page 4 (JM-1222) 

i 

SUMMARY 

A warrant officer of the Municipal court 

of Lonqview possesses the authority of a 

peace officer to serve warrants, summons, 

subpoenas, attachments, and other process 

issuing from the court he serves. The 

warrant officer may serve as bailiff during 

sessions of court. He may wear a uniform 

appropriate to his position. 

Very truly yo , J /kAJtG

. 

,bl--, 

JIM MATTOX 

Attorney General of Texas 

MARY KELLER 

First Assistant Attorney General 

LCU MCCREARY 

Executive Assistant Attorney General 

JUDGE ZOLLIE STEAKLEY 

Special Assistant Attorney General 

RENEA HICKS 

Special Assistant Attorney General 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by Tom G. Davis 

Assistant Attorney General 

P- 6475