AUSTIN - A Texas court would likely conclude that the Government Code authorizes the appointment of a single court coordinator per court, even in a multi-county judicial district, according to Attorney General Ken Paxton.
Earlier this year, Lampasas County Attorney John Greenwood submitted an opinion request to the Office of the Attorney General over the appointment of a court coordinator and support staff in a multi-county judicial district under Chapter 74 of the code.
The request was in regards to the 27th Judicial District, which is composed of Bell and Lampasas counties, and sought an opinion on the authority of the judge to appoint a different court coordinator for each county.
On Dec. 13, the OAG issued an opinion finding that the code authorizes the appointment of a single court coordinator per court, even in a multi-county judicial district.
The opinion summary is as follows:
- Government Code chapter 74, subchapter E, governs court coordinators. A court would likely conclude that subsection 74.101(a) authorizes the appointment of a single court coordinator per court, even in a multi-county judicial district such as the 27th Judicial District Court.
- A court would likely conclude that, in the context of a multicounty judicial district, only a commissioners court that will fund the court coordinator position must approve the “position and compensation” of a court coordinator as referenced in subsection 74.104(b).
- Because the question of court coordinator compensation in a multi-county judicial district necessarily involves the issue of apportionment among the counties in the district, a court would likely conclude that in such a district, section 74.104 requires the appointing judge and respective commissioners courts to collaborate in apportioning the cost of a court coordinator’s compensation as part of the overall compensation approval process.
- A court coordinator’s duties are largely determined by the judge of the appointing court pursuant to section 74.102 and may encompass coordination services to all counties of a multi-county judicial district at the discretion of the judge.
- A court would likely conclude that a judge making an appointment of court coordinator staff or support personnel under section 74.103 must seek commissioners court approval of the positions pursuant to Local Government Code section 151.001.
Opinion No. KP-0453