### THE ATTORNEY GENERAL OF TEXAS

September 14, 1990

Honorable David Brabham Opinion No. JM-1222 Criminal District Attorney Gregg County Re: Authority ofamunicipalP. 0. Box 3403 ity to establish a warrant Lonqview, Texas 75606 division under the direction ofthe municipal court (RQ-2038)

Dear Mr. Brabham:

Your questions concern the Lonqview, authority of the City of

ageneral lawmunicipality, to establish awarrant division for itsmunicipal court ofrecord. You ask whether thewarrant officers possess the authority of aduly certified peace officer in "serving warrants, capias warrants, summons, subpoenas, attachments, and other process issuing from the court: serv[inq] asbailiffs 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 toperform the duties YOU have detailed. YOU state that there is no concern about creating awarrant 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 ofthe Government Code provides that the governing body of the City ofLonqview 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 themunicinal courts of record. (Emphasis added.)

p. 6472Honorable 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 inaccordance with Chapter 415, Section 415.001 et seq of the Government Code aspeace officers meeting all certification requirements ofthe state. Inaddition, such warrants officers would be full-time employees ofthe City, fully compensated for their service asemployees ofthe City, and not paid onthe basis ofa 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 ofauthority in the furtherance ofthe responsibilities of the municipal court.
Chapter 30 of the Government Code authorizes the creation ofmunicipal courts of record innumerous cities of this state. Provision ismade for the governing bodies of a number ofthese cities toprovide for "warrant officers" to beutilized in the operation ofthe court. However, the statutes authorizing the creation ofmunicipal 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 apeace 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 tothat position in the military context. @g 44AWords 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 (2ded. 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 forutilization ofabailiff inamunicipal court of record,
webelieve that the court has inherent authority to request thewarrant officer to serve insuch capacity. Volume 20of American Jurisprudence 2d Courts, section 4, discusses positions that are considered as an inherent part of a court. It is noted that while aclerk may not always be considered an inherent part ofthe court certain inferior officials, including a bailiff,2 are considered inthe proper administration of justice. necessary Although the exact limit of the powers of judges asto appointments is not entirely settled, 'Ia long continued and rarely challenged practice has ,in fact confided tothem the appointment of many officers of inferior grades . . . .'I 46 Am. Jur. 2d Judses §27. Included inthis group are bailiffs. Id. We perceive no reason why the warrant officer may not serve in such capacity.3

.- You also askwhether warrant officers may wear uniforms

appropriate totheir positions. Section 37.12 of the Penal Code makes itan offense for aperson towear a insignia, etc., badge, identifying that person asapeace officer unless that person has been certified or licensed by the Commission on Law Enforcement Officer Standards and Education inthe capacity indicated onthe identifying item. Because you state that thewarrant officer inquestion will beacertified peace officer, the warrant officer may wear a badge appropriate tohis position.

2. Chapter 53 of the Government Code, entitled g'Bailiffs,t'makes it mandatory that bailiffs be appointed for alimited number ofdesignated courts inthis state.

3. Article 36.24 ofthe 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-teab witness. Code Crim. Proc. art. 36.24.

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



### SUMMARY

Awarrant officer ofthe Municipal court ofLonqview 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 asbailiff during sessions of court. He may wear a uniform appropriate tohis position.

Very truly yo , 

# J/kAJtGx

. ,bl--, JIM MATTOX Attorney General ofTexas

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