The Attorney Gene~ral of Texas
March 26, 1981
MARK WHITE
Attorney General
Honorable Mike Driscoll Opinion No. MN- 3 15
County Attorney
1001 Preston, Suite 634 Re: Criminal District Courts
Houston, Texas ‘77002 Manager of Harris County
Dear Mr. Driscoll:
You have requested our opinion as to whether the Harris County
Commissioners Court is authorized to create or abolish, and to set the salary
for, the position of criminal district courts manager. We are advised that
said manager is responsible to the criminal district court judges, who appoint
him, and that he is manager of all criminal district court coordinators.
Statutory authority for a court coordinator system in counties with a
population over 700,000 is conferred by article 1918a, V.T.C.S. That article
provides as follows:
The criminal district courts and the district courts
of general jurisdiction giving oreference to criminal
cases. . . ma y establ&h ;;lh maintain a court
coordinator system. The district courts shall, by rule,
designate the duties to be performed by the
coordinators to improve crimmal justice and expedite
the orocessine of criminal cases through the district
courts. . . . T-he co1Irt coordinators serve by appoint-
ment of the district courts and at the pleasure of the
district courts, and shall receive reasonable com-
pensation to be determined by the judges of those
e, not to exceed 70 oercent of the salary paid by
the sta te to the judges of those courts. The district
courts may appoint appropriate staff and supportmg
personnel according to the needs of each local
jurisdictton. The commissioners court of each county
shall provide from the fines and fees collected by
these courts the necessary funding for the court
coordinator system on order and directive of the
district courts to be served, provided that if said
fines or fees are insufficient to provide the total
funding for this program the county shall provide the
additional funds needed. (Emphasis added).
P. 1003
Honorable Mike Driscoll - Page Two (MW-315)
We will assume for purposes of this opinion that the position of criminal district
courts manager may validly be created as part of a court coordinator system. Article
19l9a expressly provides that the responsibility for establishing and maintaining such a
system is vested in the criminal district courts and the district courts of general
jurisdiction which give preference to criminal cases. The judges of these courts also
have express authority to determine salaries. Funding for the establishment and
maintenance of such a system is likewise mandated by article 1918a.
In view of these provisions, which clearly assign responsibility for a court
coordinator system to certain district courts, we answer your questions in the
negative.
SUMMARY
The Commissioners Court of Harris County is not authorized
to create the position of or set the salary for a criminal district
courts manager.
m#
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
RICHARD E. GRAY III
Executive Assistant Attorney General
Prepared by Jon Bible
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Susan L. Garrison, Chairman
James Allison
Jon Bible
Rick Gilpin
Bruce Youngblood
PO 1004