Untitled Texas Attorney General Opinion ( 1984 )

The Attorney General of Texas
he a, 1984
JIM MATTOX
Attorney General
Supreme Court Building Honorable Nick D. Woodall Opinion No.JM-163
P. 0. BOX 12546
Austin, TX. 76711. 2546
Criminal District Attorney
512/475-2501 Rockwall County Courthouse Re: Whether an individual may
Telex 9101674.1367 Rockwall, Texas 75087 be employed both as a secretary
Telecopier 512/475-0266 to a criminal district attorney
and as a court reporter for a
714 Jackson. Suite 700
county court
Dallas, TX. 75202.4506
214l742.6944 Dear Mr. Woodall:
You have asked whether an individual may be employed as a
4624 Alberta Ave., Suite 160
El Paso, TX. 79905.2793
secretary for the criminal district attorney and es a court reporter
915(533-3464 for the county court.
- There is no general prohibition which would prohibit county
11 Texas. Suite 700 employees from holding more than one position of employment within the
, nousto”, TX. 77002-3111
county. The positions about which you inquire are clearly not
713/223-5666
"offices" to which the dual office holding prohibition of the state
constitution may apply. -See Tex. Const. art. XVI, $40.
606 Broadway, Suite 312
Lubbock. TX. 79401.3479 You state that your secretary is a "full-time, salaried employee"
606,747.5239
who is the only certified court reporter in the county and works for
the county court intermittently when needed. Your characterization of
4309 N. Tenth, Suite B the employee as "full-time" is of little consequence in answering your
,&Allen, TX. 76501.1665 question. The status of a county employee as "full-time" is
5121662-4547 meaningless in the sense that there is no definition of full-time or
requirement, for example, that employees work a 40 hour work week.
200 Main Plaza, Suite 400 You state that the hours observed by your secretary in performing
San Antonio. TX. 76205.2797 duties in your office are determined solely by you and are variable.
51212254191 In essence, your secretary is being paid to perform specified duties
and is not necessarily employed for a specified time during the day
during which she cannot have other employment.
An Equal Opportunity/
Affirmative Action Employer
Where office .ho"rs have been legally adopted for county
employees, we believe that "full-time" employees may not have other
employment during those hours. See V.T.C.S. art. 2372h (hours of work
in counties over 500,000); art, 2372h-6 (civil service system in
counties over 200,000 population).
In Attorney General Opinion MW-415 (19Sl) this office concluded
that one person could legally serve in the positions of deputy county
clerk and deputy district clerk. Thus, a person may hold more than
one position within county government.
p. 717
Honorable Nick D. Woodall - Page 2 (JM-163)
The office of criminal district attorney for Rockwall County is
crested by article 326k-77. V.T.C.S. Under the statute, it is his
duty to prosecute all criminal offenses in district and inferior
courts of Rockwall County. He is authorized to appoint
"stenographers, clerks, and other personnel as are required for the
proper and efficient operation and administration of the office." Id.
05. The salaries of his administrative personnel are paid by the
commissioners court as are necessary expenses.
You state that your secretary is employed by the Rockwall County
Court in her private capacity from time to time to serve as s
certified court reporter. See V.T.C.S. art. 2321 (appointment of
court reporter for each courtof record); art. 2324 (duties of court
reporter); art. 2324b (regulation and certification of court
reporters); art. 2327 (appointment of certified shorthand reporters in
civil cases pending in county courts); Tex. R. Civ. P. 376b. 376~
(duties of court reporter). We do not believe that your secretary is
barred as a matter of law from serving as a court reporter in the
Rockwall County Court. We do not, however, address the propriety, as
a matter of policy, of your secretary serving as court reporter in a
criminal case in which you serve as prosecutor. -See art. 2324b,
113(a).
SUMMARY
The secretary for the Rockwall County Criminal
District Attorney may serve ss a court reporter
for the Rockwall County Court in non-criminal
matters.
L-l-/‘/‘/‘/‘/
Very truly you
-
JIM MATTOX
Attorney General of Texas
TOM GREEN
First Assistant Attorney General
DAVID R. RICHARDS
Executive Assistant Attorney General
Prepared by David Brooks
Assistant Attorney General
APPROVED:
OPINION COKMITTEE
Rick Gilpin, Chairman
David Brooks
Colin Carl
Susan Garrison
Jim Moellinger
Nancy Sutton