No. V-0038 (1947).

• Case Date: February 07, 1947
• Court: Texas

Texas Attorney General Opinions 1947. No. V-0038 (1947). 1February 7, 1947Hon. Robert GoodingCounty AttorneyRed River CountyClarksville, TexasOpinion No. V-38Re: Whether or not it is legal for the Commissioners' Court of Red River County to appoint a stenographer clerk for the County Attorney who is not a licensed lawyerDear Sir:We are in receipt of your letter dated January 9, 1947, in which yo requested an opinion of this Department on the above captioned matter. We quote the first paragraph of your letter which is as follows:

"As County Attorney of Red River County, Texas, having a population of 29,769 by the Federal Census of 1940 thus throwing the County into brackets of 25,001 and to 37,500, I desire to know whether or not the appointment and confirmation by the Commissioners' Court of a stenographer clerk for the County Attorney, who is not a licensed lawyer, is legal."

We find no statutory or constitutional provision for the Commissioners' Court of any county of this State to appoint a stenographer clerk. Therefore, it is the opinion of this Department that there can be no such appointment. We fail to find any provision in the Constitution or the statutes for the appointment of a stenographer for the County Attorney save and except that set out in Article 331a, Revised Statutes, which is as follows:

"Sec. 1. That in any county having a population of more than 100,000 and less than 150,000, and containing a city of more than 75,000 population, according to the United States Census for the year 1920, the County Attorney is hereby authorized to appoint

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two Assistant County Attorneys, each having the qualifications required of County Attorneys, one of whom shall receive a salary of $3000.00 per annum, and one of whom shall receive a salary of $2400.00 per annum. The said County Attorney is also hereby authorized to appoint one stenographer at a salary not to exceed $1800.00 per annum. The salaries of the Assistants and stenographer above provided for shall be paid monthly by the county in which such appointments are made.

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Red River County does not come within that particular population bracket as above set out. Therefore, it is the opinion of this Department that there can be no appointment of a stenographer for the County Attorney of said County.

Article 3902 reads in part as follows:

"Whenever any district, county

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