Untitled Texas Attorney General Opinion ( 1949 )


Menu:
  •                            TEXAS
    AUSTENBP.TEXAS
    Marah 25, 1949
    Hon. R. A. Smoot S&mid, Member
    Board o? Pardons and Parolee
    Cepitol Station
    Austin, Texas
    Opinion NO. vi793
    Re: Authority of a district
    judge to appoint, with the
    approval of the Board of
    Pardons and Parolee, a pro-
    bation and parole officer
    under the proviaiona of
    Article 701b, V.C.C.P., to L
    serve without cost to the
    State or county.
    Dear Sir:
    Your request for an opinion on the above cap-
    tioned subjeot, in -part,reads:
    m#e desire the opinion of your office
    regarding the legali,tyof the appointment
    of a Probation Officsr by a District Judge,
    under the provisions of Article 78lb,Code
    of Criminal Procedure, wi~thoutcost to the
    aounty or state, and the confirmationof
    this appointmentby the Board of Pardons
    and Paroles.
    “Under paragraph one of Seotion 24,
    Article 78lb, it is the interpretationof
    the Board that the appointment of Parole and
    Probation offiaers ie a prerogativeof the
    Board of Pard6nnsand Paroles.
    “We quote from paragraph one of Section
    24 Article 781b; Code of Criminal Procedure:
    o’All appointmentsof probation and pa-
    role officers shall be made from’the
    eligible list by the Director OY Proba-
    tion and Parole, subjeot to and with
    Hon. R. A, Smoot S&mid - Page 2     (V-793)
    the appr$val of said Board**
    *It is the interpretationof the
    District Judge that he &,qs the power un-
    der Article 781b to appoint a probation
    officer without cost to the county or
    state and has requested the Board to con-
    firm this appointment.
    *Your opinion is neosssary on ao-
    count of the oonfllotingviaws of the
    Board of Pardon8 and Parole8 and the Dia-
    trict Judge,";
    Section 23 of Article 781b, V.C.C,PO, author-
    izes the Board of Pardon8 and Paroles to appoint a Di-
    rsator of Probation and Parole whenever appropriations
    are made available to pay his salary and enable him to
    perform the duties 'imposedupon him by Article 781bs
    Section 24 authorizes the Director of Proba-
    tion and Parole, nappropriation8permitting,"to ap-
    point probation and parole officers, subjeot to the hap-
    proval of the Board of Pardons and Parolea. The duties
    of such officers are presoribed by Article'ISlband per-
    tain to both probationersand paroleesO~The salaries
    of these,officers are paid by the State.'
    In Attorney General's Opinion Ro, V-4lS, it
    was said:
    Wectfons 24, 25, 26, 27, 28, and
    29 provide for the appointmentof proba-
    tion and'paroleofficer8 and define their
    duties and powers and provide for their
    assignmentto various court8 of the State,
    It is contemplatedfrom such Sections
    that these probation and parole officer8
    are to be full-time employee8 and receive
    a salary for their services, However
    the Legislature has made no appropriafions
    to pay the salaries of such officers and
    by reason thereof, such Section8 are inef-
    feotual until a subsequentLegislatureap-
    propriatesmonies with which to pay the
    salaries of such officers.W
    Hon. R. A. Smoot Scbmid - Page 3   (V-793)
    The exclusive power to appoint probationand
    parole officers has been conferred by Article 701b up-
    on the Director of Probation and Parole, subject to the
    approval of the Board of Pardons and Paroles. There-
    fore, it necessarily follow8 that a district judge has
    no authority in virtue of that Article to appoint, ei-
    ther with or without the approval of the Board, a per-
    son to act as such an officer, with or without cost or
    expense to the State or county.
    Article 
    781b, supra
    , commonly known as the
    "Adult Probation and Parole Law," has no application
    whatever to juveniles. This opinion of course* i8 not
    concerned with those statutes providing for the appoint-
    ment of juvenile probation or parole officera,whose du-
    ties are confined to juvenile cases.
    S-Y
    The exclusive power to appoint probation
    and parole~officersha8 been conferred by Ar-
    ticle 781b, V.C,C.P.; upon the Director of
    Probation and Parole, BubjeOt to the approval
    of the Board of Pardons and Paroles.
    A district judge has no authority to ap-
    point, either with or without the approval of
    the Board of Pardon8 and Paroles, a person to
    act as a probation and parole officer,with or
    without cost'or expense to the State or county.
    Art. 701b, V,C.C,P., 88~8. 23; 24.
    Yours very truly,
    ATl'ORNRYGRMRRALOFTEXAS
    I
    Bruce W. Bryant
    D#B:wb                         ASSiBtaut
    ATTORNEYGRWRRAL
    

Document Info

Docket Number: V-793

Judges: Price Daniel

Filed Date: 7/2/1949

Precedential Status: Precedential

Modified Date: 2/18/2017