OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
O‘**LD c. MANIl
. ..r.n ..“...L February 10, 1939
Hon. Wm. W. Allen
County Attorney
Lavaoa County
Hallett8ville, Texas
Dear Sir:
.
s reoeipt or your
quest 8n opinion
a8 to whether or not Article lk of the
COll8titUtiOn avPfu1 for a deputy
8heriff who 1‘ lary lrom the oounty
,to 8er~e and as a balllrf to the
help you Cod. ’
“Art. 367b. &Iilifs8 appOinted by D18-
trlot Attorney
The Dletrlot Atforney may appoint
one or more bailiffs to attend upon the Grand
Jury and at the time OS the appointment the
Hon. Wm. W. Allen, February 10, 1939, Page 2
Court ahall edmlnlater to eaoh OS thorn the
following oath: 'You 8014mn1y 8wear that
you will ralthrully and lmpartlally perform
all the dutlee oS balllff of the Grand Jury,
and that you ~111 keep eeoret the prooeed-
1. lngs OS the Grand Jury, 80 help you God.’
Said bailiff8 shall be paid the sum and in
the manner now provided by law.*
The oonpensatlon payable to the balllSS 18 pro-
vided for in Aatlole 1058, a8 amended by the Aots OS
1935, 44th Legislature, oh. 192 and it will be noted
that this provision underwent several amendment8 prior
to the 44th hgi8latkW4.
Prior to the amendment by the Aote OS 1925,
39th Legislature, said provlslons in sUb8tantl8lly the
8ame language were lnoorporated under Artlole 1161, Code
OS Criminal Prooedure, adopted 1911, with the pO88lbl4
. exoeptlon OS expressly provldlng therein that the deputy
8herlSS shall not receive pay as ballltf. The study OS
former Artiole 1161 and subsequent amendmen~dl8OlO848
no mention OS any CO!npen8atiOn paid to the sherlri, hi8
deputlee or oonstablee.
In 1917, Hon. C. yi'.Taylor, former Assistant
Attorney General OS Texa8, wrote a conSer4noe opinion,
Ko. 1740, in whloh it was held that the duties OS the
offloe OS sheriff and his'd4pUti48, were inoompatible
with those OS the oifioe OS bailiff with the Grand Jury.
It was pointed out in eald. opinion that under the lan-
guage OS said Article@ 417 and‘419 (substantially the
les 307-.r.@.~-.ze.6CCode
same as our present 4r4Lc-,--- OS Crlmln-
al Prooedure, 1925 revised requiring each ballifS to
take the oath prescribed and obey in8truotions of the
foreman OS the Grand Jury, the oSSlc4 OS ballifS v'a8
suoh, under the law, as would oome within the prOVi8iOn8
oS Article 16, Sec. 40 OS the Constltutlon OS .Texas,
prohlbltlng a person Srom holding or exerolslng at the
88me time more than one olvll OfSloe OS emolument, ex-
oept that of Justioe CS the Peaoe, County Comml88loner,
Notary Pub110 and Post Xaster and suoh military or re-
served oifioers named therein. The language ueed in the
. .
Hon. Wm. 71. Allen, February 10, 1939, Page 3
varfoua.emendmenta subsequently would not prevent the
applloation of this opinion to the present statutes
applioable.
We, there? ore, respectfully advise that it
is the opinion oS.thls Department thet the deputy sher-
iff would not be authorized to serve and aooept pay a8
balllrr to the Grand Jury.
Very truly yours
A8818tant
.WmK:AW
APFBovED:
ATTO3??3Y GFXWAL OF TiXAS
- Y Yf