OFFICEOFTHEATTORNEY GENERALOFTEXAS
AUSTIN *
Honorable Jamee M, Simpson, Sr.
County Attorney
Conoho Gounty
Dear Sir:
uesting the opinlen
OS th5.edepartma stion reads fs part
aa,fol1me!
, 1925 Retlaed Givll Statubee
pointmut of aiaeieteuts OS olerka
state8 that the applioation to
rs' Oourt *ah&l be aooospaxiied by
a mtatemeut #ho&q the probable reoelpts from
iem, et&f Artiolo mnte statutes1934 a-7 deals
ulth cJoimtle8having oertaln populationswere by
speoial aotlons of the le%ielatursstenographers
aad asaletents hew been authorizedfor County
J&&es in numerous lnataneee. The population OS
Conoho.Oouuty,aooordk@ to the 1940 Federal (Jen-
Bus, was 6~79rr.
for an anawor
Vow the qestion, as subxaltted h
181
There a County Judge, as in the oaae of Conch0
County, emplays sn assistant Is that assistant to
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 Itsto authorize the appointmentof
'suohassZstant,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~scourt
yesterday there wae raised the question as to the
CormniasianersUourt hating the le&l aut&or$By to
make,,=gneat out of Couuty fund5 for asafstanee
In th0 ounty Judges Ofiloe.
*The Uounty kPntlalsaioner8 at this t&m ie pay-
ing the amount or #l&O0 per month f'oraadetano&
totheiSouotyJ v&en these tirrang~nte were
made, Mrs. I&&$l-T*
B shop, was assistantto the County
Agent, and had her desk in the doantyAgents offloe,
and the wmrt warnpayingher the maoiof #AO.OOper
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 dssJcsorowaed the room and the
assistanta.skedto move hear desk late the County
Juc3gss Olffoe. *hioh request was graated.
TaymaW are mde to Xrm Bishop for her work
as follwist
~ uo~BpJ& Oollsgs, for assistance ezs.eo
93y Boneha, Couaty ter asslstenes
to co. &eat 15&u
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 for
Assistance to ~x=GfiXoioSuperintendent
"flyGounty Clerk; for work for him,
Total,
q@e Gouxt rsqueetedme to write to the At-
torpy Oeneral . yei.ask
- for an
_.~opinion as .
to
waartneror not lt imd the rqht to araket&e ten
QlZar monthly payaent for aesietanceto 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 populationof 6,792 lahabttants
aeoomU.ugto the A940 hderal fmsmm and the county 6fTZafale
of said county are oaapeneatodoa a fee ba8isr
Th$s dqartmnt held la opinionIsa.G42&2r
*The eaanty adge ef dareem Couaty IIIwithout
statutory author%Iy to afaplora atenagrapherand
pay hat sa.X as 8n rrtthorlzed expense oi his ai-
fioe out of3 u tees or 0lYloe.
"* . . it is the ophien of IMa department
that when the imunty judge40r 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 5eotfon (8) oi Art&l0 3899, VentQa 6 Anne-
tated Tmme. f3ivS.X Statut&u, hs my pay +d alark
.autof hLe fee8 of oft&a@ as au authc&zed e3pao~lar,
of aifiw~ The qowztywmld not be authorized to
amiaty Oand~ uhatooeYer for the paymenti
Q? the county judgete ol@fk In your
eauatyr"
Artiao 3899, Verrion'sAnnotatedCivil Statuta~ pro-
Tide6 Ia part:
deputies, and olerke, ehell be paid out of the
fees eamed by mob ofifeer. . . ln
In view of apinioxi No. 2242 and Article 3899, Ver-
non*8 hotated Glvll Statutee,you are advised that It ie
our opinion that v&en the Gountg Judge of Conchc County com-
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 for 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 conaJ30doclltyhas eeployed m assistant. For the
purposee of this o &&on we aaeume that such aeaietent ia, not
a deputy or an me Patant oouuty judge but merely 61 alerikof
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,
Untitled Texas Attorney General Opinion
Combined Opinion