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County Attorneys

Summaries

KP-0030
Ken Paxton

County attorney with criminal jurisdiction may, pursuant to section 41.005, Government Code, retain a commission on bond forfeiture collection

KP-0110
Ken Paxton

Water Code 49.052(a)(2) - Court is likely to construe 49.052(a)(2) to disqualify employee of county attorney's office from serving as water control and improvement district board member in same county when county attorney also provides professional legal services to the water control and improvement district

KP-0121
Ken Paxton

Gifts and grants authorized by Government Code section 45.125|Hot-check fund established under Code of Criminal Procedure article 102.007; unauthorized comingling of funds of different character|Pretrial intervention programs; required payments; fees authorized by Code of Criminal procedure article 102.0121

KP-0130
Ken Paxton

County attorney is not entitled to receive extra compensation for representing State in criminal matter in county's district court at request of district attorney|Compensation - county attorney is not entitled to receive extra compensation for representing State in criminal matter in county's district court at request of district attorney

GA-0067
Greg Abbott

Examining witnesses, municipal judge's authority if the state is not represented by counsel when the case is called for trial|Municipal judge does not have authority to examine witnesses if the state is not represented by counsel when the case is called for trial|Municipal court, county attorney has the right, but not the duty, to appear in municipal court

GA-0074
Greg Abbott

El Paso County Bail Bond Board without authority to employ private counsel for legal advice without consent of El Paso county attorney

GA-0153
Greg Abbott

Money dedicated by constitution, statute, or grant terms to road and bridge purposes may not be diverted to other purposes|Where county attorney has no civil authority, commissioners court may employ private legal counsel to advise and represent county in civil matters without county attorney's consent|National grassland revenues, use of federal payments to county of

GA-0241
Greg Abbott

County Attorney pro tem, article 2.08 of the Code of Criminal Procedure does not disqualify county attorney pro tem from representing criminal defendants in an adjoining county|County Attorney pro tem, article 2.08 of the Code of Criminal Procedure does not disqualify county attorney pro tem from representing criminal defendants in an adjoining county

GA-0350
Greg Abbott

Assistant county attorney, commissioners court's role in appointment process|Appointment of assistants, role of county commissioners court|Dual office holding or incompatibility, a county attorney may serve as an unpaid assistant county attorney in a neighboring county without violating prohibition against|Assistant county attorney is not an officer|County attorney may serve as an unpaid assistant county attorney in a neighboring county without violating the constitutional prohibition of dual office holding|County attorney may serve as an unpaid assistant county attorney in a neighboring county without violating the common-law doctrine of incompatibility

GA-0460
Greg Abbott

County attorney not barred by either article XVI, section 12 of Texas Constitution or by common-law incompatibility from serving as volunteer ombudsman for the National Committee for Employer Support of the Guard and Reserve|County attorney, article XVI, section 11 of Texas Constitution does not barr service as volunteer ombudsman for the National Committee for Employer Support of the Guard and Reserve |County attorney not barred by common-law incompatibility from serving as volunteer ombudsman for the National Committee for Employer Support of the Guard and Reserve

GA-0475
Greg Abbott

Hot check fund, authority to sponsor children's book with|Hot check fund, county attorney's authority to sponsor children's book with

GA-0507
Greg Abbott

Authority to file Application for Placement under Health and Safety Code section 593.041\r\n|Interested person

GA-0619
Greg Abbott

Identification cards, section 614.122 of the Government Code does not require county attorney to issue to uncompensated investigators|Identification cards, section 614.122 of Government Code does not require issuance to uncompensated persons

GA-0709
Greg Abbott

County attorney is not authorized to appoint reserve peace officers|Reserve peace officers, county attorney is not authorized to appoint

GA-0817
Greg Abbott

County ethics commission statutory scheme, Legislature must resolve any inherent conflict of interest created by\r\n\r\nRequests for opinions regarding the propriety of a county attorney’s representation of a particular client in a particular circumstance should be addressed by the Committee on Professional Ethics|El Paso County Ethics Commission would improperly usurp the county attorney’s authority if outside legal counsel were hired to represent the Commission over the objection of the county attorney

GA-0967
Greg Abbott

County or district attorney’s prosecutorial determination regarding the initiation of criminal proceedings is within the prosecutor’s substantial discretion

GA-1018
Greg Abbott

Commissioners Court authority to prohibit animals in a county courthouse that includes the offices of an independent elected official|Animals, commissioners court authority to prohibit animals in a county courthouse that includes the offices of an independent elected official|County Attorney, Commissioners Court authority to prohibit animals in a county courthouse that includes the offices of the county attorney|Animals, commissioners court authority to prohibit animals in a county courthouse that includes the offices of a county attorney

GA-1039
Greg Abbott

Pretrial intervention program funds collected pursuant to Code of Criminal Procedure article 102.0121 - expenditures must be made in accordance with a budget approved by the commissioners court and must relate to a defendant\\'s participation in or to administration of the program|County attorneys are authorized to collect a fee from any defendant participating in Code of Criminal Procedure article 102.0121 pretrial intervention program. Fees must be deposited into a special fund in the county treasury.|Criminal district attorneys are authorized to collect a fee from any defendant participating in Code of Criminal Procedure article 102.0121 pretrial intervention program. Fees must be deposited into a special fund in the county treasury.|District attorneys are authorized to collect a fee from any defendant participating in Code of Criminal Procedure article 102.0121 pretrial intervention program. Fees must be deposited into a special fund in the county treasury.|County attorneys, criminal district attorneys and district attorneys are authorized to collect a fee from any defendant participating in Code of Criminal Procedure article 102.0121 pretrial intervention program. Fees must be deposited into a special fund in the county treasury.

DM-0357
Dan Morales

Hot check fund, county attorney's authority over|Hot check fund, whether subject to county budgeting process|Hot check fund, whether auditor may require county attorney to submit projection of revenues for inclusion in county budget|Hot check fund, relation to other county expenditures

JC-0034
John Cornyn

Consultation services contract with municipality, absent statutory authorization a county attorney in official capacity may not enter into|Ancillary legal services to county for compensation, county attorney subject to Professional Prosecutors Act may not contract in private capacity with commissioners to provide, but may provide such services gratuitously|Professional Prosecutors Act, county attorney covered by may not contract in private capacity to provide consultation services to municipality for fee|Ancillary legal services for compensation, county attorney subject to Professional Prosecutors Act may not contract in private capacity with commissioners to provide, but may provide such services gratuitously|Consultation services to municipality for fee, county attorney subject to Professional Prosecutors Act may not contract in private capacity to provide

JC-0054
John Cornyn

County attorney employment as attorney to city located within county not precluded by common-law doctrine of incompatibility|County attorney employment as attorney to city located within county not precluded by constitutional bar on dual office holding|Employment as attorney to city located within county not precluded by constitutional bar on dual office holding or common-law doctrine of incompatibility|County attorney, employment as attorney to city located within county

JC-0084
John Cornyn

Hot check fund, auditor may require county attorney to submit documentation for expenses incurred from

JC-0191
John Cornyn

De facto officer doctrine, actions in office of county attorney who was ineligible to be county attorney because of residency requirement may be valid under|County attorney who was appointed but later found to be ineligible because of residency requirement, in order to be valid reappointment must be made with same formality when candidate is eligible|Invalid appointment of county attorney may generally be challenged only under quo warranto doctrine|Appointment

JC-0227
John Cornyn

State supplemental salary compensation for county attorney, whether county may pay employer's share of employment taxes, such as contributions for social security coverage, from state-provided funds

JC-0365
John Cornyn

State funds allocated for expenses of county prosecutor's office are budgeted by commissioners court|County prosecutor, state funds allocated for expenses of office are budgeted by commissioners court

JC-0430
John Cornyn

Assistant county attorney, legislator barred from simultaneously serving as|Legislator barred from simultaneously serving as assistant county attorney

JM-1264
Jim Mattox

Fayette County attorney is not entitled to be compensated as a district attorney pursuant to Professional Prosecutors Act

KP-0368
Ken Paxton

Property Code chapter 203 authorizes the county attorney to independently enforce land use restrictions in counties with populations over 200,000

KP-0376
Ken Paxton

Applicability of conflict-of-interest provisions in Local Government Code chapter 171 and nepotism provisions in Government Code chapter 573 to county attorney

KP-0432
Ken Paxton

A court would likely conclude that Tax Code subsection 6.43(c) does not authorize the county attorney to serve as legal counsel to the tax appraisal district.