Can a Texas city's municipal court warrant officers serve warrants and act as bailiffs?

Texas AG Opinion JM-1222: Can a City's Municipal Court Warrant Officers Serve Process and Act as Bailiffs?

Plain-English summary

The Gregg County criminal district attorney asked about a plan by the City of Longview, a general law municipality, to create "warrant officer" positions for its municipal court of record. The city wanted these officers to be certified peace officers employed separately from the police department, working full-time on a salary rather than per-service fees, and filling a role like the city marshal in older general law cities, but limited to the work of the municipal court. The question was whether such warrant officers could serve court process, act as bailiff, and wear a badge or uniform.

The Attorney General answered yes on all three points. Section 30.205(b) of the Government Code directs the governing body of the city to provide warrant officers as needed for the proper operation of its municipal court of record, so the city could appoint them. Because these warrant officers would be certified peace officers, they already had authority to serve process; as the opinion put it, giving a peace officer the title "warrant officer" does not diminish that authority. On the bailiff question, although no statute expressly provides for a bailiff in a municipal court of record, the opinion concluded the court has inherent authority to ask the warrant officer to serve in that role. And because Penal Code section 37.12 only bars wearing peace-officer insignia when a person is not certified or licensed, a warrant officer who is a certified peace officer may wear a badge appropriate to the position.

Currency note

This opinion was issued in 1990. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule mentioned here.

Who this opinion affected (as of 1990)

Cities with a municipal court of record: The opinion confirmed that a general law city could create warrant officer positions for its municipal court of record under Government Code section 30.205(b), which directs the city to provide warrant officers as needed for the court's proper operation.

Municipal court judges: The opinion recognized the court's inherent authority to request a warrant officer to serve as bailiff during sessions, even though no statute expressly provides for a bailiff in a municipal court of record.

Warrant officers and other certified peace officers: For officers who were certified peace officers, the opinion confirmed they could serve warrants, summonses, subpoenas, attachments, and other court process, and could wear a badge appropriate to their position without running afoul of Penal Code section 37.12.

Common questions

Can a Texas city create warrant officer jobs for its municipal court?
Yes, according to the opinion. Government Code section 30.205(b) tells the governing body of a city with a municipal court of record to provide warrant officers as needed for the proper operation of the court.

Do warrant officers have the power to serve warrants and subpoenas?
Yes, where they are certified peace officers. The opinion reasoned that a certified peace officer's authority to serve process is not lost by giving them the title "warrant officer," so they can serve warrants, summonses, subpoenas, attachments, and other process from the court.

Can a warrant officer act as the court's bailiff?
Yes. Although the opinion found no statute expressly authorizing a bailiff in a municipal court of record, it concluded the court has inherent authority to request the warrant officer to serve as bailiff during court sessions.

Can a warrant officer wear a badge and uniform?
Yes, if the officer is a certified peace officer. Penal Code section 37.12 makes it an offense to wear peace-officer insignia without being certified or licensed in the capacity shown, so a certified warrant officer may wear a badge appropriate to the position.

Background and statutory framework

Chapter 30 of the Government Code authorizes municipal courts of record in numerous Texas cities and lets their governing bodies provide for "warrant officers" in the operation of the court, though it does not assign warrant officers any particular duties. Section 30.202 authorizes the City of Longview Municipal Court, and section 30.205(b) directs the city's governing body to provide deputy clerks, warrant officers, and other personnel needed for the proper operation of the court. The city's plan called for these warrant officers to be certified as peace officers under Chapter 415 of the Government Code (section 415.001 et seq.), which sets peace-officer certification standards through what was then the Commission on Law Enforcement Officer Standards and Education.

On the bailiff question, the opinion looked to general authority on the inherent powers of courts. It cited American Jurisprudence 2d (Courts and Judges) for the principle that certain inferior court officers, including bailiffs, are considered necessary to the proper administration of justice and that judges have long exercised the power to appoint such officers. A footnote noted that Chapter 53 of the Government Code, entitled "Bailiffs," makes bailiff appointments mandatory only for a limited set of designated courts, and another footnote referenced Code of Criminal Procedure article 36.24 on a sheriff or deputy serving as bailiff. On uniforms, the opinion applied Penal Code section 37.12, which criminalizes wearing peace-officer insignia unless the wearer is certified or licensed in the indicated capacity, and concluded a certified warrant officer falls outside that prohibition.

Citations

Statutes:

• Gov't Code § 30.202 (City of Longview Municipal Court)
• Gov't Code § 30.205 (city to provide warrant officers and other court personnel)
• Gov't Code ch. 30 (municipal courts of record)
• Gov't Code § 415.001 (peace officer certification)
• Gov't Code ch. 53 (Bailiffs)
• Penal Code § 37.12 (unlawful wearing of peace-officer insignia)
• Tex. Code Crim. Proc. art. 36.24 (sheriff or deputy serving as bailiff)

Source

• Landing page: https://www.texasattorneygeneral.gov/opinions/jim-mattox/jm-1222
• Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1990/jm1222.pdf

Original opinion text

Best-effort transcription from a scanned PDF. Minor errors may remain, the linked PDF is authoritative.

September 14, 1990

Honorable David Brabham
Criminal District Attorney
Gregg County
P.O. Box 3403
Longview, Texas 75606

Opinion No. JM-1222

Re: Authority of a municipality to establish a warrant division under the direction of the municipal court (RQ-2038)

Dear Mr. Brabham:

Your questions concern the authority of the City of Longview, a general law municipality, to establish a warrant division for its municipal court of record. You ask whether the warrant officers possess the authority of a duly certified peace officer in "serving warrants, capias warrants, summons, subpoenas, attachments, and other process issuing from the court; serv[ing] as bailiffs during sessions of court; and wear[ing] uniforms appropriate to their position."

You advise that your questions are limited to whether the city may appoint warrant officers and whether such officers possess the authority to perform the duties you have detailed. You state that there is no concern about creating a warrant division as such and that there is no conflict between the governing body of the city and officials over who will make the appointments.

Section 30.202 of the Government Code provides that the governing body of the City of Longview may provide for a municipal court of record to be known as the "City of Longview Municipal Court." Subsection (b) of section 30.205 provides:

The governing body of the city shall provide deputy clerks, warrant officers, and other personnel as needed for the proper operation of the municipal courts of record. (Emphasis added.)

You provide the following information relative to the city's plan to create the position of "warrant officer":

The City of Longview proposes to employ staff for such position separate and apart from its police department. The individuals employed would be certified in accordance with Chapter 415, Section 415.001 et seq of the Government Code as peace officers meeting all certification requirements of the state. In addition, such warrants officers would be full-time employees of the City, fully compensated for their service as employees of the City, and not paid on the basis of a commission or other fee related to their actual service of process. These warrant officers would in many respects fill the role assumed by city marshals in general law cities, would meet all certification requirements of peace officers, but would limit their responsibilities to lawful exercises of authority in the furtherance of the responsibilities of the municipal court.

Chapter 30 of the Government Code authorizes the creation of municipal courts of record in numerous cities of this state. Provision is made for the governing bodies of a number of these cities to provide for "warrant officers" to be utilized in the operation of the court. However, the statutes authorizing the creation of municipal courts of record do not assign any particular duties to warrant officers.¹

You state that warrant officers for the Longview Municipal Court will be certified peace officers. Therefore, we need not consider whether warrant officers must be certified peace officers. Certainly giving a peace officer the title "warrant officer" would not diminish his authority to serve process.

You ask whether the warrant officer may serve as bailiff for the court. While we find no express authority for utilization of a bailiff in a municipal court of record, we believe that the court has inherent authority to request the warrant officer to serve in such capacity. Volume 20 of American Jurisprudence 2d Courts, section 4, discusses positions that are considered as an inherent part of a court. It is noted that while a clerk may not always be considered an inherent part of the court, certain inferior officials, including a bailiff,² are considered necessary in the proper administration of justice. Although the exact limit of the powers of judges as to appointments is not entirely settled, "a long continued and rarely challenged practice has in fact confided to them the appointment of many officers of inferior grades . . . ." 46 Am. Jur. 2d Judges § 27. Included in this group are bailiffs. Id. We perceive no reason why the warrant officer may not serve in such capacity.³

You also ask whether warrant officers may wear uniforms appropriate to their positions. Section 37.12 of the Penal Code makes it an offense for a person to wear a badge, insignia, etc., identifying that person as a peace officer unless that person has been certified or licensed by the Commission on Law Enforcement Officer Standards and Education in the capacity indicated on the identifying item. Because you state that the warrant officer in question will be a certified peace officer, the warrant officer may wear a badge appropriate to his position.

SUMMARY

A warrant officer of the Municipal Court of Longview possesses the authority of a peace officer to serve warrants, summons, subpoenas, attachments, and other process issuing from the court he serves. The warrant officer may serve as bailiff during sessions of court. He may wear a uniform appropriate to his position.

Very truly yours,

JIM MATTOX
Attorney General of Texas

MARY KELLER
First Assistant Attorney General

LOU MCCREARY
Executive Assistant Attorney General

JUDGE ZOLLIE STEAKLEY
Special Assistant Attorney General

RENEA HICKS
Special Assistant Attorney General

RICK GILPIN
Chairman, Opinion Committee

Prepared by Tom G. Davis
Assistant Attorney General