Paxton, 102219 TXAGO, RQ-312-KP

• Case Date: October 22, 2019
• Court: Texas

Attorney General Ken Paxton AGO RQ-312-KP No. RQ-0312-KP Texas Attorney General Opinion October 22, 2019           Received Date October 23, 2019          Attorney General Ken Paxton          Office of the Attorney General          Attention Opinion Committee          P.O. Box 12548          Austin, TX 78711-02548          RE: Request for an opinion          Dear General Paxton:          I respectfully request your opinion regarding the authority of district judges and the commissioners court to set the salaries of district judges' coordinators and assistant court coordinators.          BACKGROUND          One of the county's district judge's requested raises for his staff that were contrary to the commissioners court's budget orders in two budget years as follows:          Fiscal Year 2012-2013          On February 28, 2013, the district judge, signed an order as follows:

ORDER

IT IS ORDERED THAT, EFFECTIVE FEBRUARY 18, 2013, THE SALARY TO BE PAID BY VAL VERDE COUNTY FOR THE AFOREMENTIONED POSITION BE SET AS FOLLOWS:

Court Coordinator .... $40, 000

ADDITIONALLY, VAL VERDE COUNTY SHALL BUDGET FOR THE PAY RELATED EMPLOYEE COSTS FOR FICA TAXES AND RETIREMENT FOR THE ABOVE NAMED [sic] INDIVIDUAL.

SIGNED THIS 26™ DAY OF FEBRUARY, 2013

Fiscal Year 2019-2020

         County Judge Lewis G. Owens, Jr. filed his proposed county budget for fiscal year 2019-2020 on July 31, 2019. During the budget workshop hearings and again, after the final budget was filed, the district judge, made a request which included raises for his staff that exceeded what was proposed in the county judge's budget and what the commissioners court had approved in a prior meeting.          It is the opinion of this office that the Val Verde Commissioners Court has the ultimate authority to set the salaries for the district judges' staff with the exceptions set out by statute. However, a question was raised that Texas Government Code §74.104 might limit the commissioners court in setting the salaries of the court coordinator and the assistant court coordinator. I am seeking clarification from the Office of the Attorney General in that regard. Furthermore, I am seeking clarification as to the authority of a district judge to order the commissioners court to pay the court coordinator a salary that is different from the one set by the court.          DISCUSSION          A district judge does not have authority to unilaterally, and outside of a court proceeding, order or compel the commissioners to pay the court administrator and assistant court administrator a specific salary. If the district judge believes that the commissioners court has abused its budgetary discretion in setting in the salaries, he may seek to set aside the commissioners court salary determination in a lawsuit brought under the district court's authority to supervise the commissioners court, or under the district court's inherent authority. However, the reviewing court may only order the commissioners court to exercise its discretion- it cannot tell the commissioners court what decision to make.          COURT COORDINATOR          Texas Government Code §74.101 authorizes a district court judge to appoint a court coordinator who serves at the pleasure of the judge, and §74.104 sets forth the procedures to be followed in setting the court coordinator's compensation. §74.104 provides that the judge "shall determine reasonable compensation for the court coordinator, subject to approval of the commissioners court," and upon approval, the "commissioners court of the county shall provide the necessary funding through the county's budget process." Because §74.104 relates specifically to appointment and payment of court coordinators, it controls over the more general provisions of an analogous statute, Texas Local Government §151.001, which sets forth a procedure for a district, county or precinct officer to apply to the commissioners court for the authority to appoint deputies, assistants, or clerks.          Your office has concluded that...