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County

Summaries

KP-0019
Ken Paxton

A court would likely conclude that restitution funds ordered in a criminal judgment by a statutory county court and collected by the county clerk pursuant to article 42.037, Code of Criminal Procedure, are not funds "belonging to the county" and thus are not required to be deposited with the county treasurer or in the county treasury pursuant to Local Government Code section 113.021

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-0038
Ken Paxton

A court would likely conclude that a group of district and county judges meeting to appoint a community supervision and corrections department director pursuant to Government Code chapter 76 is not a "governmental body" under the Open Meetings Act because the statutory curtailment of the group's previous managerial role with respect to departments. Consequently, notice of the group's meetings is not required by the Open Meetings Act to be posted.|A group of district judges meeting to appoint the county auditor pursuant to Local Government Code section 84.003 is not a governmental body under the Open Meetings Act. Consequently, notice of the group's meetings is not required by the Act to be posted.

KP-0090
Ken Paxton

Government Code section 26.006, a county judge performs a "judicial function" when the judge exercises criminal or civil jurisdiction as authorized by Government Code chapter 26|Government Code section 26.006, auditor should confer with Comptroller regarding whether to deny disbursement of a supplement to a county judge under

KP-0141
Ken Paxton

Health and Safety Code subsection 574.0085(a) authorizes the statutory or constitutional county court judge with jurisdiction over mental illness to appoint the associate judge

GA-0012
Greg Abbott

County court at law judge's compensation must include amount equal to benefit-replacement pay received by a district judge if county court judge held office on August 31, 1995|Compensation must include amount equal to benefit-replacement pay received by district judge only if county judge held office on August 31, 1995, County court judge's|Benefit-replacement pay, compensation includes|Benefit-replacement pay|Compensation|Salary

GA-0203
Greg Abbott

Social Security numbers, board of county court at law judges has no authority to order the county clerk to redact social security numbers from electronic copies of case-related documents available on the clerk's website|Social Security numbers, board of county court at law judges have no authority to order clerk to redact social security numbers from the electronic documents available on the clerk's website|Social Security numbers, board of county court at law judges has no authority to order county clerk to redact social security numbers from electronic cases of case-related documents

GA-0211
Greg Abbott

County judge whom the State Commission on Judicial Conduct has temporarily suspended with pay is entitled to receive the judge's total salary, including a state supplement|Temporarily suspend a judge with pay, the Commission has authority to, and a county judge who has been so suspended is entitled to receive total salary, including a state supplement, during the suspension

GA-0244
Greg Abbott

Salary supplement fee in a proceeding for court-ordered mental health services, a commissioners court may set as a court cost and pay to the county judge who hears such matters away from the county courthouse, and an amount equal to the fee may not be ded|Court-ordered mental health services, because Texas Mental Health Code provides that an application for court-ordered mental health services may be filed with the county clerk in the county in which the proposed patient resides, is found, or is already re|Court-ordered mental health services, Texas Mental Health Code does not generally require a court in a county where a state hospital is located to hear matters involving patients who are receiving services at a hospital pursuant to the order of a court in|Court-ordered mental health services, Texas Mental Health Code permits but does not require a court to hold a proceeding for court-ordered mental health services at the state hospital in the county or other location outside the county courthouse

GA-0370
Greg Abbott

Immune from a suit for back pay brought by a judge who was under-compensated, a county is|Back pay under section 25.0005(a) of the Government Code, a judge's suit for is subject to a four-year statute of limitations; governmental immunity bars suit for against county

GA-0372
Greg Abbott

Court reporter service fee under section 51.601 of the Government Code, county clerk may not collect if the county court has not appointed an official court reporter

GA-0422
Greg Abbott

Confidentiality of petit jury lists, clerk's duty to maintain|Confidentiality of grand jury lists, clerk's duty to maintain|Confidentiality of petit jury lists, judge's duty to maintain|Confidentiality of grand jury lists, judge's duty to maintain|Confidentiality of petit jury lists, judge's or clerk's duty to maintain|Confidentiality of grand jury lists, judge's or clerk's duty to maintain

GA-0426
Greg Abbott

Transfer of funds from one budget item to another to make payments with respect to county judge's state salary supplement|State supplement to county judge's salary if at least 40 percent of functions he performs are judicial functions|Transfer of funds from one item in county budget to another to make payments with respect to county judge's state salary supplement|Magistrate, service as is a judicial function|Magistrates of the county, including district judges, county judges, judges of the county courts at law, the judges of statutory probate courts, justices of the peace, and city judges have a mandatory duty to give statutory warnings to arrested person brought before them|Judicial function

GA-0462
Greg Abbott

Maximum salary of county court at law judges in Gregg County|County court at law judges, fees and costs collected under section 51.701 of Government Code used to supplement salaries of |Fees and costs collected under section 51.702 of the Government Code used to supplement salaries of county court at law judges

GA-0570
Greg Abbott

Statutory county court judge may be assigned to presiding judge of judicial region to hear and decide felony cases in a district court within his county of residence|Statutory county court judge may hear and decide felony cases in a district court within his county of residence pursuant to assignment by presiding judge of judicial region

GA-0593
Greg Abbott

Probation, authority to modify conditions of probation to require payment in lieu of community service|Monetary payment in lieu of community service to be used for community supervision and correction department purposes

GA-0642
Greg Abbott

County Judge, power to act as magistrate when constitutional county court is divested of its probate, juvenile, civil, and criminal jurisdiction

GA-0692
Greg Abbott

Regulations construed using the same principles of construction as statutes, and a reasonable construction by the agency that promulgated the rules is entitled to deference|Authority to supervise inmates being held in courthouse holding cells, as the agency charged with adopting reasonable rules and procedures establishing minimum standards for the custody, care and treatment of prisoners, the Texas Commission on Jail Standards must determine, in the first instance, whether bailiffs have the

GA-0694
Greg Abbott

Statutory county court judge, whether, under Government Code section 25.0005(a)the judge is entitled to longevity pay calculated in accordance with Government Code section 659.0445|Longevity pay calculated under Government Code section 659.0445, whether a statutory county court judge is entitled to under Government Code section 25.00005(a)|Contribution\r\n\r\nSalary\r\n\r\nSupplement

GA-0718
Greg Abbott

Death certificates, authority of justice of the peace or county court at law to cause an amendment to

GA-0840
Greg Abbott

Visiting statutory county court judge not barred from simultaneously serving as county director of Judicial Support Services|Director of Judicial Support Services for county, visiting statutory county court judge not barred from simultaneously serving as|Visiting statutory county court judge and county director of Judicial Support Services, individual not barred from simultaneously holding both positions of

GA-0875
Greg Abbott

Money allocated from the state judicial fund into a county’s contributions fund must be used only for court-related purposes for the support of the statutory probate courts in the county|A county may not reduce the amount of funds provided for the support of the statutory probate courts in the county because of the availability of funds from the county’s contributions fund|Allocated judicial funds, a county may not use the allocated judicial funds contrary to the requirements established by statute

GA-0888
Greg Abbott

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

GA-0952
Greg Abbott

County Court at Law official court reporter, authority to set the salary and hours of work

GA-1005
Greg Abbott

The article XVI, section 40 prohibition against dual office holding does not apply to the office of justice of the peace|To the extent that a sitting justice of the peace holds dual offices by also serving as a temporary justice under Government Code section 27.055, a court would likely conclude that doing so is constitutional under the exception provided in article XVI, section 40|Government Code section 27.055 authorizes a county judge to appoint \\"a qualified person\\" to serve as a temporary justice of the peace, which denotes one, unspecified individual, not the simultaneous appointment of multiple justices|Government Code section 27.055 does not permit a county judge to appoint an \\"at large\\" temporary justice before the need arises|A sitting justice of the peace who meets the definition of a \\"qualified person\\" may serve as a temporary justice of the peace under Government Code section 27.055 in place of a regular justice of the peace in the same county|The compensation of a regular justice of the peace is set by the commissioners court each year under Local Government Code chapter 152

GA-1021
Greg Abbott

Code of Criminal Procedure articles 17.16 and 17.19, after a person makes bail but before a formal charging instrument is filed in the county, county court-at-law or district court, prosecution is pending before the magistrate who properly received a complaint against the accused under

GA-1042
Greg Abbott

Nothing in Government Code section 25.0005 indicates that it is not fully applicable to counties served by multi-county judicial districts; thus, the phrase \\"total annual salary received by a district judge in the county\\" includes salaries received by district judges serving in in multi-district counties.|Nothing in Government Code section 25.0005 indicates that it is not fully applicable to counties served by multi-county judicial districts; thus, the phrase \\"total annual salary received by a district judge in the county\\" includes salaries received by district judges that serve multi-county districts.|Calculation of the minimum salary of a county court at law judge under Government Code section 25.0005|Government Code subsection 25.0005(a) does not limit the \\"total annual salary\\" of a statutory county court judge to include only contributions and supplements received by a district judge from the county in which the statutory county court judge serves.

DM-0285
Dan Morales

Overtaking and passing a school bus, whether offense of should be prosecuted in justice or county court

DM-0377
Dan Morales

Announce|Hold over in office under article XVI, section 17, officer who resigns to run for another office continues to|Automatic resignation under article XVI, section 65, officer who resigns to run for another office continues to hold over in office until successor is appointed and qualifies for office under article XVI, section 17|Vacancy in office of judge of a statutory county court, authority to fill|Vacancy in office, authority of commissioners court to fill|Hold over in office, officer who resigns to run for another office continues to

DM-0439
Dan Morales

Juvenile detention facilities, county contract with private corporation for operation of may not supersede county juvenile court's authority over|Juvenile detention facilities, county juvenile court's authority over is separate from authority of juvenile board and commissioners court

DM-0464
Dan Morales

Time payment fee assessed once per order|Time payment fee is cost of court for purposes of priority of payment|Time payment fee applies to all constitutional county courts|Deferred adjudication, time payment fee does not apply

JC-0033
John Cornyn

County judge, practice of law by in courts of his county|Practice of law by county judge in courts of his county

JC-0159
John Cornyn

Compensation of county court at law judges in counties collecting court costs and fees under section 51.702 of the Government Code|County court at law judges, compensation of in counties collecting court costs and fees under section 51.702 of the Government Code|Salaries of county court at law judges set annually

JC-0182
John Cornyn

Backpay, county court at law judges' action against county for backpay is subject to four-year statute of limitations if county raises as affirmative defense|Backpay, county court at law judges' action against county for backpay is subject to four-year statute of limitations applicable to debts|Four-year statute of limitations, county court at law judges' action against county for backpay is subject to if county raises as affirmative defense

JC-0196
John Cornyn

Salary supplement program for county court at law judges funded by collection of additional fees and court costs, county may not discontinue participation in during middle of program year

JC-0305
John Cornyn

Statutory county court-at-law supplemental salary funds, Comptroller need not pay further monthly installments to county that withdraws from program mid-year but may not transfer withdrawing county's share of year-end excess funds to other counties that p|Statutory county court-at-law supplemental salary funds, county that withdraws from program mid-year need not be paid monthly installment but is entitled to proportionate share of year-end excess 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-0376
John Cornyn

Court-related purpose|Compensation of county court employee is "court-related purpose"|Compensation, retroactive increase in compensation for county employee is unconstitutional while prospective increase is not

JC-0452
John Cornyn

Community supervision and corrections department, judge of a county court established under article V, section 15 of the Texas Constitution is not a judge of a statutory county court for purposes of title 2 of the Government Code and therefore is not incl

JC-0543
John Cornyn

County court judges' salaries, county that begins collecting fees and costs under section 51.702(i) of the Government Code after July 1 need not increase on September 1 under section 25.0005(a) of the Government Code|Salaries in counties that collect fees and costs under section 51.702 of the Government Code and that does not comply with section 25.0005(e) of the Government Code must be "set" at increased level under section 25.0005(a)|Salaries for statutory county court judges, county that collects fees and costs under section 51.702 of the Government Code and that does not comply with section 25.0005(e) of the Government Code must "set" at increased level under section 25.0005(a)|Set

JC-0574
John Cornyn

Conflict of interest under Rules of Professional Conduct where county judge practices in courts of his or her county|Attorney conflict of interest under Rules of Professional Conduct where county judge practices in courts of his or her county