Case Information
*1 OFFICEOFTHEATTORNEY GENERALOFTEXAS *
AUSTIN Honorable Jamee M, Simpson, Sr.
County Attorney Conoho Gounty
Dear Sir:
uesting the opinlen OS th5.e departma stion reads fs part aa, fol1me! Statubee
, 1925 Retlaed Givll pointmut of aiaeieteuts OS olerka state8 that the applioation rs' Oourt *ah&l be aooospaxiied by a mtatemeut #ho&q the probable reoelpts from iem, et&f Artiolo mnte statutes 1934 a-7 deals ulth cJoimtle8 having oertaln populations were by speoial aotlons of the le%ielaturs stenographers aad asaletents hew been authorized for County J&&es in numerous lnataneee. The population OS Conoho.Oouuty, aooordk@ to the 1940 Federal (Jen- Bus, was 6~79rr. *2 Vow the qestion, as subxaltted for an anawor h
There a County Judge, as in the oaae of Conch0 County, emplays sn assistant Is that assistant be pald out of' the f'eas of his ~PfIoe, as is provldsd in Artiole 3902, or may suoh assistant be paid cut of the general funds of the ooutity? It Is undsrstaod that in either event that the Comisaiomrav Qourt of the County Its to authorize the appointment of 'suoh assZstant, but the seltiotfon of the pereon is left within the deoisicn of the County Judge.
n . . . .* The letter of the County Judge addressed to you whioh ia mentioned In your letter and attached thereto is in part as r0n039.63
*At the mest,tlng at the ~ommialdoaer~s court yesterday there wae raised the question as to the Cormniasianers Uourt hating the le&l aut&or$By to make neat out of Couuty fund5 for asafstanee ,,=g In th0 ounty Judges Ofiloe.
*The Uounty kPntlalsaioner8 at this t&m ie pay- ing the amount or #l&O0 per month f'or aadetano& totheiSouotyJ v&en these tirrang~nte were made, Mrs. I&&$ B shop, was assistant to the County l-T* Agent, and had her desk in the doanty Agents offloe, and the wmrt warn paying her the maoi of #AO.OO per month to stay in the Couaty J'tdgee BYice rhea the Judge was away. Laber arter a Home Deraonatration Agent was emloyed the Uounty Agents rooawas so amaL that the three dssJcs orowaed the room and the assistant a.sked to move hear desk late the County *hioh request was graated. Juc3gss Olffoe.
TaymaW are mde to Xrm Bishop for her work as follwist for assistance ezs.eo
~ uo~BpJ& Oollsgs, 93y Boneha, Couaty ter asslstenes to co. &eat 15&u *3 Eonarable Jarwe EL S3.aPscm, Sr., B%e 3
T&y Ccumho, Couuty for assistance in aor Judge
Tip the aounty 3udge. *By The County Sahool Board Assistance to ~x=GfiXoio Superintendent
"fly Gounty Clerk; for work for him, Total, q@e Gouxt rsqueeted me to write to the At- torpy Oeneral yei ask for an opinion as to . . . - _.~ waartner not lt imd the rqht to arake t&e ten QlZar monthly payaent for aesietance to the County- JUd&¶. I trh.tnk howtwer that it would be batter for yea to request the opinion than it would be for me to do mI Weho Coanty hae a population of 6,792 lahabttants
aeoomU.ug to the A940 hderal fmsmm and the county 6fTZafale of said county are oaapeneatod oa a fee ba8isr
Th$s dqartmnt held la opinion Isa. G42&2r adge ef dareem Couaty III without *The eaanty I statutory author% y to afaplor a atenagrapher and
pay hat sa.X as 8n rrtthorlzed expense oi his ai- fioe out of u tees or 0lYloe.
"* . . it is the ophien of IMa department that when the imunty judge4 0r Carson County Tama, oompU,ss dth ArtlalQ 3$62, Vernoz~~e Annota~eU Texa8 UlvLl Statutes, a alar& may be appointed ftar ths eouitt judge and when the oountr ludfe oompUe,e with 5eot on f (8) oi Art&l0 3899, VentQa 6 Anne- tated Tmme. hs my pay +d alark f3ivS.X Statut&u, .aut of hLe fee8 of oft&a@ as au authc&zed e3pao~lar, of aifiw~ The qowztywmld not be authorized
amiaty Oand~ uhatooeYer for the paymenti Q? the county judgete ol@fk In your eauatyr"
Artiao 3899, Verrion's Annotated Civil Statuta~ pro- Tide6 Ia part:
deputies, and olerke, ehell be paid out of the fees eamed by mob ofifeer. . . l n In view of apinioxi No. 2242 and Article 3899, Ver- non*8 hotated Glvll Statutee,you are advised that It ie that v&en the Gountg Judge of Conchc County com- our opinion plies with Artidle 3902 Vez%ati.'a Anuoteted Gioil Statutes, a 018x-k feey be appoint& for the County Judge and when the County Judge aomglfes with rseotlon (a) oi Artiole 3899, Var- non’8 Annotated Olvil StaCutea, he aray pay said clerk out of hlo feea of offioe aa en authorised ezg enae of oifloe. The oounty would not be authorWad to expend amy oouuty fus@a whatsoever the payment of the salary of the County Judge~e olerk in CO~oho Cotmtyyr
It ie noted that you state ia effeat that the Qouutg Judge of conaJ30 docllty has eeployed m assistant. For the purposee of this o &&on we aaeume that such aeaietent ia, not a deputy an me atant oouuty judge but merely 61 alerik of P
the Cmuty Ju&o perffmnlag aertain olerioal dtitfeo. Such a dlerk would ~bave no judidal power or authorltg. fii cganea- t&en w2th the fcS~ olng statement we dire& pour afteut%on Do our optnit3n Ho* 37430,