THE ATTORNEY GENERAL
OF TEXAS
September 14, 1990
Honorable David Brabham Opinion No. JM-1222
Criminal District Attorney
Gregg County Re: Authority of a municipal-
P. 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 authority of the City of
Lonqview, 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 cert-
ified 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 posi-
tion."
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 certifica-
tion 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 responsi-
bilities 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 assign any particular duties to warrant
officers.1
YOU state that warrant officers for the Lonqview
Municipal Court will be certified peace officers. There-
fore, 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 necessary
in the proper administration of justice. 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 badge,
insignia, etc., 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
i
Honorable David Brabham - Page 4 (JM-1222)
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.
J /kAJtG
Very truly yo ,
.
,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