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County, District, And Criminal District Attorneys

Summaries

KP-0027
Ken Paxton

County's representation of county official in action arising from the performance of a public duty. Term "sued" in Local Government Code section 157.901 most likely does not encompass disciplinary proceedings before Commission on Judicial Conduct.

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-0041
Ken Paxton

Brady v. Maryland and its progeny do not impose a general duty upon a prosecutor to listen to all recordings of inmate telephone calls held by the county telecommunications provider to search for exculpatory evidence for a defendant if the prosecutor would not do so otherwise.|Brady v. Maryland imposes a duty to discover whether the investigators and employees who listen to recorded inmate telephone calls find evidence favorable to a defendant in the recordings and, if so, to disclose that evidence to the defendant.|Brady v. Maryland imposes a duty upon the prosecutor to discover whether the investigators and employees who listen to recorded inmate telephone calls find evidence favorable to a defendant in the recordings and, if so, to disclose that evidence to the defendant.|A contract that provides a criminal district attorney's office with unfettered access to inmate telephone call recordings would likely be considered by a court as evidence in support of the criminal district attorney's office having possession, custody, or control of the recordings.|A contract that provides a criminal district attorney's office with unfettered access to inmate telephone call recordings would likely be considered by a court as evidence in support of the criminal district attorney's office having possession, custody, or control of inmate telephone call recordings.

KP-0055
Ken Paxton

Under Code of Criminal Procedure article 39.14(h), the Texas Forensic Science Commission has no duty to notify relevant parties of exculpatory, impeachment, or mitigating information.|Forensic Science Commission - Under Code of Criminal Procedure article 39.14(h), the Texas Forensic Science Commission has no duty to notify relevant parties of exculpatory, impeachment, or mitigating information.|Given the conclusion that the Texas Forensic Science Commission likely has no notification duties under Code of Criminal Procedure article 39.14(h), the Commission's prosecutor member would have only the duty to comply with article 39.14 that he or she would have in his or her capacity as a prosecutor for the state.|State

KP-0088
Ken Paxton

Forfeiture funds, expenditure of by State's attorney to investigate a juvenile detention center

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-0126
Ken Paxton

Forfeiture funds, expenditure by district attorney to replace carpet in county building

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

KP-0139
Ken Paxton

Official Bond in Lee County - county attorney must execute only a county attorney bond and not a separate district attorney bond, and county attorney may require his or her assistant prosecutors to post a bond at his/her discretion

KP-0158
Ken Paxton

Waiver of expunction rights as a condition in a pretrial diversion agreement

KP-0163
Ken Paxton

Neither the Texas Rules of Appellate Procedure nor a court reporter's ethical duties authorize a court reporter to charge a district attorney's office for the copy of the reporter's record to be filed with the trial court clerk pursuant to Texas Rule of Appellate Procedure 34.6(h),

KP-0200
Ken Paxton

Civil asset forfeiture funds - use of to purchase property insurance pending appeal|Civil asset forfeiture funds - use of to purchase property pending appeal|Property insurance - Use of civil asset forfeiture funds to purchase for property forfeited by State

KP-0207
Ken Paxton

Subpoenas-attorneys, and employees of district attorney's office may execute and serve subpoena if not involved in prosecution of case in any capacity|Subpoena-execution and service pursuant to Code of Criminal Procedure article 24.01 by attorneys and employees of district attorney's offices

KP-0213
Ken Paxton

Disclosure obligations of criminal district attorney under Code of Criminal Procedure article 39.14 when information is protected by attorney-client privilege or confidential under other law|Imputing knowledge from assistant criminal district attorneys performing civil duties to the prosecutor as "the State" for purposes of Code of Criminal Procedure article 39.14

GA-0005
Greg Abbott

Local forfeiture agreement under chapter 59 of Code of Criminal Procedure, district attorney pro tem does not have authority to modify

GA-0053
Greg Abbott

Supplemental funds under Professional Prosecutors Act and grant funds distributed under article 104.004 of Code of Criminal Procedure are not subject to special audit provided for by section 115.032 of Local Government Code|Supplemental funds under Professional Prosecutors Act are to be deposited in county depository|Special audit provisions of section 115.032 of Local Government Code, "hot check" fund is subject to|Multi-year contract, prosecutor may not bind proceeds of "hot check" fund in

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-0094
Greg Abbott

Professional Prosecutors Act, county attorney not subject to may maintain more than one private civil practice office, and may maintain an office in more than one county

GA-0096
Greg Abbott

Longevity pay, an assistant prosecutor's prior service as an elected district attorney, criminal district attorney, or county attorney who performed the duties of a district attorney does not qualify as lifetime service credit

GA-0122
Greg Abbott

Forfeited property, an attorney representing the state must administer property forfeited under chapter 59 of the Code of Criminal Procedure consistent with accepted accounting practices and the terms of any local agreement with a law enforcement agency|Forfeited property subject to administration under article 59.06(a) of the Code of Criminal Procedure is state property|Forfeited property, property forfeited under chapter 59 of the Texas Code of Criminal Procedure is generally exempt from ad valorem taxation. If exempt, the attorney representing the state need not apply for an exemption for it to be effective|Forfeited property, property forfeited under chapter 59 of the Code of Criminal Procedure may be leased as proper administration of property under article 59.06(a) of the code, and is not subject to statutory bidding procedures|Forfeited property, attorney representing the state must administer property forfeited under chapter 59 of the Code of Criminal Procedure consistent with accepted accounting practices and the terms of any local agreement with a law enforcement agency|Forfeited property, an attorney representing the state may lease forfeited property only if the lease is consistent with the local agreement and with the attorney's statutory duties to ultimately dispose of property by sale or transfer and distribute any

GA-0141
Greg Abbott

Voter registrar, detailed administrative procedure governing submission, approval, cancellation of voter registration applications to be conducted by|Residence, student living in dormitory may establish dormitory as residence and permissibly register to vote in county where dormitory is located|Violations of section 13.007 of Election Code which makes it a criminal offense to submit false or fraudulent information on a voter registration application, local prosecutors are authorized to investigate and prosecute whenever credible evidence or comp|Voter registrar, local prosecutors have no authority to prevent voter registrar from performing the registrar's duties as provided by law|Voting and voter registration, both bodily presence and current intention on part of applicant or voter are necessary to establish residence for purposes of|Voting and voter registration, residence is defined to mean 'domicile,' i.e., one home and fixed place of habitation to which one intends to return after any temporary absence for purposes of

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-0205
Greg Abbott

Grant to Harris County Juvenile Probation Department of deferred prosecution authority in certain nonviolent misdemeanor cases involving juveniles does not infringe on district attorney's criminal jurisdiction under article V, section 21 of Texas Constitution|Grant to Harris County Juvenile Probation Department of deferred prosecution authority in certain nonviolent misdemeanor cases involving juveniles does not violate separation of powers|Grant to Harris County Juvenile Probation Department of deferred prosecution authority in certain nonviolent misdemeanor cases involving juveniles does not infringe on district attorney's criminal jurisdiction under article V, section 21 of Texas Constitu

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-0259
Greg Abbott

Forfeited property, article 59.06 of the Code of Criminal Procedure authorizes an attorney representing the state to transfer forfeited property to "law enforcement agencies" as defined in article 59.01(5)|Forfeited property, the office of an attorney representing the state is a "law enforcement authority" that may receive forfeited property under article 59.06 of the Code of Criminal Procedure

GA-0273
Greg Abbott

District attorney may simultaneously hold compensated teaching position with public community college|Public community college, district attorney may simultaneously hold compensated teaching position with

GA-0312
Greg Abbott

Longevity pay for assistant prosecutors, credit towards is not accrued for employment as an assistant prosecutor by a state other than Texas|Credit toward longevity pay is not accrued during individuals employment as assistant prosecutor by a state other than Texas

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-0523
Greg Abbott

Legal expenses, authority of commissioners court to pay legal expenses for criminal defense of criminal district attorney|Unbudgeted expenditure for legal expenses for criminal defense of criminal district attorney, commissioners court's authority to pay|Criminal district attorney is not an employee or officer of a "state agency, institution, or department," entitled to indemnity for legal expenses under chapter 104 of the Government Code

GA-0557
Greg Abbott

Conflict of interest, former district judge employed as assistant criminal district attorney|Former district judge, successive employment as assistant criminal district attorney

GA-0562
Greg Abbott

Gifts and donations, district attorneys generally lack authority to accept|Gifts and donations to compensate district attorney's employees, commissioners court's authority to accept

GA-0613
Greg Abbott

Juvenile detention facilities, commissioners court authorized to purchase or lease out-of-county land to provide|Forfeiture funds acquired under article 59.06 of Code of Criminal Procedure may not be used to acquire juvenile detention facility for the county|Official purposes of district attorney's office do not include acquisition of juvenile detention facilities for county|Primary function of office is to prosecute the pleas of the state in criminal cases|Solely

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-0696
Greg Abbott

Foreign language interpreter on district attorney’s staff, decisions about funding are made by the commissioners court in the budget process, subject to judicial review for abuse of discretion|Interpreter appointed by court in criminal proceeding is not required to provide translation services to district attorney in preparing for trials

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-0714
Greg Abbott

County contract with a private entity for the collection of delinquent fines, fees, and court costs, does not unconstitutionally deprive the criminal district attorney of his authority to prosecute

GA-0716
Greg Abbott

Practice as criminal defense attorney in federal court or in state courts of neighboring counties, assistant county or assistant district attorney may engage in without violating article 2.08, Code of Criminal Procedure, but assistant county attorney may be barred in some circumstances under section 46.005, Government Code|Rules 1.06 and 1.08 of the Rules of Disciplinary Procedure may advise against assistant county or assistant district attorney from practicing as criminal defense attorney in federal court or in state courts of neighboring counties

GA-0730
Greg Abbott

District attorney, whether occupying space leased by the county from district attorney’s spouse constitutes a conflict of interest|Space leased by the county District attorney, whether occupying space leased by the county from district attorney’s spouse constitutes a conflict of interest

GA-0755
Greg Abbott

Legal fees of district attorney, state not obligated to pay under chapter 104 Civil Practices and Remedies Code; county has no duty to pay under Local Government Code section 157.901; forfeiture funds cannot be used to pay under Code of Criminal Procedure article 59.06(c)(1)|Legal fees of district attorney, county has no duty to pay under Local Government Code section 157.901|Legal fees of district attorney; county has no duty to pay under Local Government Code section 157.901|Forfeiture funds under Code of Criminal Procedure article 59.06(c)(1), cannot be used to pay legal fees for defense of district attorney\r\n|Legal fees of district attorney, state not obligated to pay under chapter 104 Civil Practices and Remedies Code

GA-0765
Greg Abbott

Prosecutorial decisions of a district attorney, because of the substantial judicial deference accorded to prosecutorial decisions, this office will not opine on

GA-0816
Greg Abbott

Usurpation of the statutory duties of the Dallas County Criminal District Attorney, if the Dallas County Commissioners Court, after deciding to employ special counsel, selected special counsel to represent the county in a civil lawsuit brought by or against the county without the consent or approval of the Criminal District Attorney it would be an|Dallas County Criminal District Attorney has the exclusive duty to represent Dallas County in criminal matters, but does not have a corresponding exclusive duty to represent Dallas County in all civil matters|Because the Legislature has expressly provided that the commissioners court may employ special counsel and has placed certain conditions on the exercise of that power, such conditions must be observed if the authority is to be exercised\r\n\r\nAction taken by the county commissioners court in excess of its authority is void

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-0831
Greg Abbott

District Attorney of the 34th Judicial District and his attorneys are county public servants subject to the El Paso County Code of Ethics when and to the extent they participate in the performance of a county governmental function|County governmental function, the term county public servant in subsection 161.002(8)(C), Local Government Code, includes attorneys at law when participating in the performance of a|Non-attorney staff of a district attorney, because they are not county public servants, are not subject to the El Paso County Code of Ethics|El Paso County Code of Ethics, when and to the extent they participate in the performance of a county governmental function the District Attorney of the 34th Judicial District and his attorneys are county public servants subject to the|El Paso County Code of Ethics, because they are not county public servants, the non-attorney staff of a district attorney, because they are not county public servants, are not subject to the

GA-0888
Greg Abbott

Expenses of nonresident witness in criminal proceeding, authority of prosecutor to advance without preapproval of the presiding judge

GA-0920
Greg Abbott

Cash could constitute seized and forfeited property under section 24.377 of the Texas Government Code|Expenditures can be made from a district attorney’s asset forfeiture fund after those expenditures are approved by a regional review committee under section 24.377 of the Texas Government Code|County commissioners courts and a regional review committee are two of the entities that may approve expenditures from a district attorney’s asset forfeiture fund

GA-0923
Greg Abbott

Proper prosecutorial entity to prosecute a violation of a water control and improvement district ordinance under chapter 51 of the Water Code will generally depend on the court in which the citation or complaint is filed

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-0976
Greg Abbott

Sex offender who resides within limits of city should register with chief of police, while one who resides outside city should register with county sheriff|Failure to comply with sex offender registration requirements is a matter squarely within a prosecutor’s discretion

GA-0986
Greg Abbott

Guilty plea, inclusion of in pretrial diversion agreement, this office cannot advise on given lack of definitive guidance on the matter

GA-0992
Greg Abbott

Prosecutors should always take care that their handling of evidence in criminal cases comports with constitutional requirements|No statute or common-law cause of action, or any other legal authority of which we are aware empowers a court to order the destruction of evidence related to misdemeanor cases over which the court otherwise lacks jurisdiction|A court likely lacks authority to order the destruction of blood evidence related to misdemeanor cases that have been finally resolved

GA-0997
Greg Abbott

Bond forfeiture collections, Government Code section 41.005 authorizes a district attorney to separate a portion of as a commission without approval of the commissioners court|Commission on bond forfeiture collection shall be deposited in the county treasury in a fund to the credit of the person or department collecting the money|Commission on bond forfeiture collection, how to use, commissioners court may determine subject to any other legal restrictions on its authority

GA-1017
Greg Abbott

Physical records and files, Family Code subsection 58.0071(b) authorizes custodian of in juvenile case, to destroy hard-copy, original paper records and files at any time if the custodian electronically duplicates and stores the information in the records and files|Paper-based and electronic records and files of closed juvenile cases, Family Code subsection 58.0071(c) authorizes a juvenile board, law enforcement agency, or prosecuting attorney to permanently destroy subject to the restrictions of subsections 58.0071(d) and (e).

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.

GA-1059
Greg Abbott

Forfeiture funds, court would be unlikely to conclude that district attorney may use, to purchase land and building for subsequent sale or lease to other entities as such use of the property would likely not be considered an official purpose of district attorney\\'s office under Code of Criminal Procedure article 59.06

DM-0107
Dan Morales

Hospital district not authorized to reimburse employee for legal expenses (Overruled by Tex. Att'y Gen. Op. No. DM-488 (1998) to extent of conflict)|Representation of defendant in criminal case, district and county attorneys precluded from (Overruled by Tex. Att'y Gen. Op. No. DM-488 (1998) to extent of conflict)|Legal counsel, hospital district may employ to represent district and, if interest of district is at stake, its officers and employees (Overruled by Tex. Att'y Gen. Op. No. DM-488 (1998) to extent of conflict)

DM-0162
Dan Morales

Local prosecutor's forfeiture fund deposited with the county treasurer for placement in county depository (Affirmed by Tex. Att'y Gen. Op. No. DM-247 (1993))|Forfeiture fund deposited with the county treasurer for placement in county depository (Affirmed by Tex. Att'y Gen. Op. No. DM-247 (1993))

DM-0246
Dan Morales

Prosecutor's forfeiture fund, applicability of County Purchasing Act to purchases made from|Prosecutor's forfeiture fund, commissioners court's duty to initiate competitive bidding process upon receipt of request for and accept bids|Prosecutor's forfeiture fund, applicability of County Purchasing Act to purchases from

DM-0247
Dan Morales

Forfeiture funds in multicounty judicial district, management, control and use of, audit authority over|Forfeiture funds, district or criminal district attorney may not keep exclusive records, auditor must keep records|Forfeiture funds must be deposited with county treasurer, attorney representing the state or local law enforcement agency may be sole signatory on any expenditure from special funds\r\n\r\n|Forfeiture funds must be deposited with county treasurer, attorney representing the state or local law enforcement agency may be sole signatory on any expenditure from special funds|Contraband seized by a peace officer, county or municipality responsible for costs of safeguarding property

DM-0257
Dan Morales

Special local entity funds, i.e., funds of district or criminal district attorney, juvenile board, or probation department, must be placed with county treasurer for deposit in county treasury|Special local entity funds, i.e., funds of district or criminal district attorney, juvenile board, or probation department, subject to auditor oversight|Funds of juvenile board or probation department must be placed with county treasurer for deposit in county treasury and are subject to county auditor oversight|Funds of district or criminal district attorney must be placed with county treasurer for deposit in county treasury and are subject to county auditor oversight

DM-0337
Dan Morales

Medical coverage for district officers, authority of county to provide and phase out|Americans with Disabilities Act, application to county plan to phase out medical coverage for district officers|Medical coverage for district judges, authority of county to provide|Medical coverage for district attorney, authority of county to provide|Medical coverage for district judges, district attorneys, and county extension agents, authority of county to provide|Medical coverage for district officers, county's plan to phase out|Medical coverage for agricultural and home extension agents, authority of county to provide

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-0042
John Cornyn

Defer prosecution, prosecutor generally may not in exchange for offender's monetary contribution to governmental or nonprofit organization

JC-0044
John Cornyn

Habeas corpus, prosecutor may waive service by certified mail, return receipt requested, of copy of application for writ of

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-0062
John Cornyn

Hot check fund, interest that accrues must be severed from principal and used to benefit county

JC-0075
John Cornyn

Forfeited property, district attorney who has executed local agreement may dispose of by means other than sheriff's auction

JC-0084
John Cornyn

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

JC-0119
John Cornyn

Office space, commissioners court may permit county attorney to use county office as registered address for nonprofit organization incorporated by county attorney if court makes certain findings of fact|Defer prosecution, prosecutor generally may not in exchange for offender's monetary contribution to nonprofit organization incorporated by prosecutor and assistants|Pretrial diversion, prosecutor generally may not offer in exchange for offender's monetary contribution to nonprofit organization incorporated by prosecutor and assistants

JC-0168
John Cornyn

Impermissible grant of public money, use of hot check fund to pay restitution that prosecutor, in error, failed to include in court order is|Hot check fund, statute does not permit prosecutor to use to pay restitution|Impermissible grant of public money, use of hot check fund to pay out restitution that prosecutor, in error, failed to include in court order is|Hot check fund, statute does not permit prosecutor to use to pay restitution to merchant|Hot check fund, use of to pay restitution that prosecutor, in error, failed to include in court order is impermissible grant of public money

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-0364
John Cornyn

Mental-health proceeding involving patient receiving treatment in regional facility where proceedings originated in another county, allocation of costs and jurisdiction|Prosecutor's fee for which county may charge responsible county in mental-health proceeding under section 571.018(c) of Health and Safety Code encompasses costs of preparing documents; county may not bill separate, additional "document preparation" fee|Prosecutor's fee charged to county responsible for costs of mental-health proceeding, county in which mental-health hospital is located may not charge "document preparation fee" in addition to|Jurisdiction of mental-health proceeding involving patient receiving treatment in one county when detention or application proceedings originated in another county|Mental-health proceeding concerning patient in mental-health hospital in one county when another county is responsible for proceeding costs, responsible county may not be billed for document preparation fee in addition to prosecutor's fee|Attorney's fee|Prosecutor's fee

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-0380
John Cornyn

Legal officer in United States Air Force Reserve, district attorney subject to Professional Prosecutors Act may serve as because such service is not the private practice of law

JC-0395
John Cornyn

District attorney is not authorized to bind county by signing multi-year contract binding expenditures of county funds allocated to district attorney for office expenses|Contract binding expenditures of county funds allocated to district attorney for office expenses, district attorney is not authorized to bind county by signing multi-year contract

JC-0397
John Cornyn

Hot-check fund and state office supplement, county need not use county funds to pay the employer's share of employment taxes on assistant district attorney salary supplements paid from these sources|Salary supplements, district attorney who chooses to use hot-check fund and state office supplement for salary supplements is responsible for assuring compliance with federal law with respect to employment taxes on|State salary supplement, county may not pay the employer's share of employment taxes on the county judge's salary supplement from the monies provided by the state|State salary supplement for county judge, county may not pay the employer's share of employment taxes on state salary supplement from the monies provided by the state

JC-0430
John Cornyn

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

JC-0438
John Cornyn

Longevity pay of $20 per month per year of lifetime service credit, county may not offset against other compensation of eligible assistant prosecutors|Longevity pay of $20 per month per year of lifetime service credit, county must pay to eligible assistant prosecutors|Longevity pay of $20 per month per year of lifetime service credit, first four years of service of eligible assistant prosecutors are included in calculation of rate of

JC-0463
John Cornyn

Pretrial diversion fees, disposition of

JC-0473
John Cornyn

Lifetime service credit, accrual of by assistant prosecutor dependent only on length of service, not continuity or location

JC-0539
John Cornyn

Meat Inspection Act, 21 U.S.C. ch. 12, does not appear to preempt Texas law criminalizing production or possession of horse-meat intended to be consumed by humans|Horse slaughter in Texas with meat intended for human consumption, local prosecutor may prosecute person who engages in|Horse slaughter in Texas with meat intended for human consumption, local prosecutors are authorized to prosecute violation of statutory prohibition|Horse slaughter in Texas with meat intended for human consumption, Commissioner of Health may investigate and local prosecutors may investigate and prosecute|Horse slaughter in Texas with meat intended for human consumption, Department has no authority to prosecute|Horse slaughter in Texas with meat intended for human consumption, Commissioner of Department may investigate|Agriculture

JM-1246
Jim Mattox

District attorney pro tem, district judge may appoint even when there is an assistant district attorney in place|District judge may appoint district attorney pro tem even when there is an assistant district attorney in place

JM-1264
Jim Mattox

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

KP-0263
Ken Paxton

Under article 102.0121 of the Code of Criminal Procedure,
the commissioners court, not the prosecuting attorney, ultimately
determines the authorized uses of the county pretrial intervention
program fund. The statute authorizes the commissioners court to
use the pretrial intervention fund for an employee's salary, salary
supplement, or a benefit only to the extent the use of the fund is
solely for the administration of the program.

KP-0264
Ken Paxton

A criminal district attorney is not subject to rules adopted by the county purchasing agent pursuant to subchapter B of chapter 262 of the Local Government Code; however, the entity is subject to rules implemented by the agent pursuant to the County Purchasing Act.