Case Information
*1 T
OF TEXAS 78711 AUSTIN. T-s February 19, 1975 Opinion No. H- 533 Criminal District Attorney
Gregg county Re: Authority of juvenile judge P. 0. Box 2403 over office. Longview, Texas 75601
Dear Mr. Hill:
You have asked two questions relating to the authority of the Judge of the Court of Domestic Relations in Gregg County when his court is designated court for the county pursuant to section 5LOQ(b), Texas Family Code.
Your first question is:
Does the judge of the juvenile court of Gregg county, Texas, have the statutory authority to establish the qualifications and salary of the juvenile probation office and to appoint members of that office? V. T. C. S., establishes the Court of Domestic
Relations in Gregg County, and includes within the court’s jurisdiction “all jurisdiction, powers and authority now or hereafter placed in the District or County Courts under the juvenile and child welfare laws of this state . . .‘I
Section 10 of this article is of principal concern:
The Judge of the Court of Domestic Relations shall have authority such officers and investigators that might be necessary to the proper *2 administration of its jurisdiction in Gregg County; when he deems it necessary to the proper adminis- tration of such Court, he may appoint a Court Reporter provided such appointments are approved by the Commissioners of Gregg County, by a majority vote of said members, the salaries and compensation of such officers and Court Reporter to be determined by the Commissioners Court of Gregg County by a majority vote of said members and to be paid by the Commissioners Court out of the General Fund of Gregg County for the services rendered therein. (Emphasis added).
No Texas decision has defined the scope of a power “to appoint such officers and investigators that might be necessary” to the court’s jurisdic- tion. Only three other Courts of Domestic Relations have such authority. See V. T. C.S. art. 2338-4, $11 (Lubbock County); V. T. C.S. art. 2338-8 g (Smith County) and V. T. C. S. art. 2338-20, 5 11 (Midland County).
In our judgment this language is broad enough to include the power to appoint juvenile officers in Gregg County if the judge decides such’ officers are necessary to the proper administration of his court’s juvenile jurisdiction. This decision, involving a construction of the court’s power under an enabling statute, is initially the primary right of the j.udge. .,.,. :,
A similar statute creating the Court of Domestic Relations in Potter County expressly grants authority to appoint officers.
The Judge of the Court of Domestic Relations shall have authority such juvenile officers, juvenile probation officers and investigators as might be deemed necessary to the proper administration of its jurisdiction. . . V.T.C.S. art. 2338-3, $8.
Another indication that the judge of the Gregg County Court of Domestic Relations may appoint officers is found by comparing the to appoint “such officers and investiga- fpur statutes which give a judge power tors” with statutes which restrict the judge to appointing a court reporter.
Whenever the judge is given general authority, the statute is silent on the duty of employees and officers of the probation department to assist the Court. But where his power is limited, the statute invariably imposes Compare V. T. C. S. an express duty of assistance upon probation personnel. arts. 2338-4, 2338-8, 2338-13 and 2338-20 with V. T. C.S. arts. 2338-5, 2338-6, 2338-7, 2338-9, 2338-10, 2338-11, 2338-14, 2338-15, 2338-16, 2338-19.
The difference can be explained if the judge’s general authority includes the power officers because such to him, and necessarily required to render persons would be accountable assistance when requested. 5142, V. T. C. S. , which permits commissioners courts in
counties of a certain size to appoint one juvenile probation officer, is not if it is applicable in Gregg County, it an exclusive grant of power, and, can be given effect along with article $10 which is, in any event, a subsequent expression of legislative intent.
The salaries for juvenile probation officers appointed by the Court can either be determined “by the Commissioners of Gregg County by a majority vote of said members . . .‘I as provided in $10, or in accordance with article 5142d providing:
The Commissioners Courts of all counties in which Juvenile Officers or Probation Officers, or are employed under existing laws their assistants, shall fix the salaries to be paid such of this State, Juvenile Officers or Probation Officers and their assistants, and provide for their expenses, without Provided, that in Counties where there limitation. is a Juvenile Board, said Board shall recommend the salary to be paid to such Juvenile Officer or Probation Officer and their assistants, which salary shall be approved by the Commissioners Court . . . (Emphasis added) *4 (H- 533)
Since article 5139GGG creates a juvenile board for Gregg County, the proviso is applicable. If one or the other procedure must be controlling, it is our opini~on that article 5142d addresses the subject of salaries for officers more directly than does article $10, and consequently, its procedure should be followed.
Your second question is whether the judge of the Court of Domestic, Relations in Gregg County may be appointed to membership on the juvenile board. 5139E-2, V. T. C. S., is applicable to ‘Gregg County and,
provides:
In any county having a population of not less than 75,800 and not more than 78,000 according to the last preceding federal census, the Commissioners may name the judge of the court of domestic relations as an additional member of the juvenile board and may pay him for his services on the board in an amount not to exceed the additional compensation allowed other members of the county juvenile board. 5139GGG, V. T. C.S., was adopted and requires that ., In 1973, article ,,.,. ~,.
the Gregg County Juvenile Board “shall be composed of the district judges of the several judicial districts of the county and the county judge of Gregg County. ”
You have suggested that the 1973 Act repeals article 51393-2 by implication. This might be the case if article 5139GGG had said the Board “shall only be composed” of certain persons, but as written it is easily reconciled with the permissive language of article 51393-2 which authorizes, but does not require, the appointment of the Judge of Domestic Relations to the Juvenile Board of Gregg County.
Texas courts are reluctant to find repeals by implication and only do so where the provisions of a later statute are clearly repugnant to an earlier one. Garrett v. State, 279 S. W. 2d 366 (Tex. Crim. App. ,1955); Jefferson County v. Board of County and District Road Indebtedness, 182 S. W. 2d 908 (Tex. Sup.. 1944).
SUMMARY The Judge of the of Domestic Relations in Gregg County has power juvenile probation officers when such officers are necessary to the proper administration of the court’s jurisdiction. Their salaries should be recommended by the Gregg County Juvenile Board and approved by The statute authorizes the Commissioners Court. but does not require the Judge of the Court of Domestic Relations to be appointed to the Gregg County Juvenile Board by the Commissioners Court. Very truly yours, Qz!& JOHN L. HILL Attorney General of Texas PPROVED:
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DAVID M. KENDALL, First Assistant
C. ROBERT HEATH, Chairman
Opinion Committee
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p. 2407