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District

Summaries

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-0052
Ken Paxton

Authority of county commissioners court to adopt a policy to automatically reduce the salary of employees and officers

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-0099
Greg Abbott

District judges' salaries, comptroller may not reduce state salaries paid to Harris or Travis county judges if the appropriate commissioners court decides to pay an amount that would exceed statutory differential|Notwithstanding|Salaries, comptroller may not reduce state salaries paid to Harris or Travis county judges if the appropriate commissioners court decides to pay an amount that would exceed statutory differential

GA-0126
Greg Abbott

Associate judge, a district judge may appoint as an associate judge under Family Code, chapter 201, subchapter A a person who did not apply nor interview for the position and who did not meet posted qualifications that the commissioners court has authoriz|Associate judge, authority of family district court to appoint an associate judge pursuant to 1984 commissioners court order authorizing the court to appoint a master under a repealed law|Associate judge appointed by a district judge under Family Code, chapter 201, subchapter A, whether associate judge is an employee under Title VII of the Civil Rights Act of 1964|Associate judge, a district judge may appoint as an associate judge under Family Code, chapter 201, subchapter A a person who did not apply nor interview for the position and who did not meet posted qualifications, provided that the commissioners court ha

GA-0216
Greg Abbott

Appointment of a district clerk, district judges must unanimously assent to the

GA-0245
Greg Abbott

Courtrooms and offices, 40th and 378th district courts may locate outside original sixty-two acres of City of Waxahachie, so long as those courtrooms and offices are located within the currently existing municipal boundaries of that city

GA-0357
Greg Abbott

Government Code section 76.002, The phrase "district judges trying criminal cases" means a district judge that regularly examines criminal matters the disposition of which involves a Government Code chapter 76 program or facility

GA-0417
Greg Abbott

Failure to attend school, court must dismiss referral filed by school district against a student for failure to attend school if district did not file complaint within seven days of student's tenth unexcused absence within a six-month period in same school year|Failure to attend school, court must dismiss complaint filed by a school district against student for failure to attend school if school district did not file complaint within seven days of student's tenth unexcused absence within a six-month period in same school year|Failure to attend school, court must dismiss complaint filed by a school district against student for failure to attend school if district did not file complaint within seven days of student's tenth unexcused absence within a six-month period in same school year|Failure to attend school, court must dismiss complaint filed by a school district against a student for failure to attend school if school district did not file complaint within seven days of student's tenth unexcused absence within a six-month period in same school year|Student's failure to attend school, requisite time period for school district to file complaint or referral or risk dismissal without recourse to file again (GA-0574 (2007) notes that new legislation supersedes a portion of GA-417's conclusion, see Tex. Educ. Code Ann. § 25.0951(a)).|Student's failure to attend school, requisite time period for school district to file complaint or referral or risk dismissal and authority to file again (GA-0574 (2007) notes that new legislation supersedes a portion of GA-417's conclusion, see Tex. Educ. Code Ann. § 25.0951(a)).

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-0437
Greg Abbott

Maximum lawful salary payable to a state district judge under section 659.012 of the Government Code is $140,000

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-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-0578
Greg Abbott

Annual state salary, individuals appointed as judges of newly created 444th and 445th Judicial District courts are entitled to|Payment of state's portion of salaries for individuals who will serve as district judges, commissioners court must approve|Showing of essentiality, degree to which district judges appointed to newly created judicial districts are entitled to supplemental salary payments, office space, and other perquisites of office depends upon a|Annual state salary, individuals appointed as judges of the newly created 444th and 445th Judicial District courts are entitled to|Appointment of judges for the 444th and 445th Judicial District courts, Governor is required to make appointments as vacancy exists in each court

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-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-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-0715
Greg Abbott

Discretion to provide medical insurance for juvenile board, county commissioners have|Eligibility for county medical insurance, juvenile board members|Compensation|Medical insurance, included within the term "compensation"

GA-0764
Greg Abbott

District court, duty to provide certain funding for|Appointed judge, taking oath of office\r\n\r\nAppointed judge, length of service\r\n\r\nNewly-created district court, vacancy in\r\n\r\nTerm of office, district judge\r\n\r\nVacancy in, filling|Mandamus, not subject to\r\n\r\nVacancy in district court, authority to fill|Succeeding

GA-0773
Greg Abbott

Cash bail bond, authority of district clerk to accept assignment of to pay fines and costs

GA-0799
Greg Abbott

Discretionary authority to establish, increase, decrease, or eliminate the compensation paid \r\nto the judges serving on a juvenile board, a commissioner court has under section 152.0034(b) of the Human Resources Code

GA-0888
Greg Abbott

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

GA-0991
Greg Abbott

District judge does not have authority to order director of community supervisions and corrections department who does not supervise defendants placed on community supervision to personally conduct a presentence investigation report|District judge is not authorized to require a particular supervision officer in a community supervision department to prepare a presentence investigation report|District judge does not have authority to order director of a community supervisions and corrections department who does not supervise defendants to personally appear in court to present the ordered presentence investigation report|Presentence investigation report. A district judge is not authorized to require a particular supervision officer in a community supervision department to prepare a|Presentence investigation report. A district judge does not have authority to order the director of a community supervisions and corrections department who does not supervise defendants placed on community supervision to personally conduct a|Presentence investigation report. A district judge does not have authority to order a director of a community supervisions and corrections department who does not supervise defendants to personally appear in court to present the ordered|A director of a community supervisions and corrections department who does not supervise defendants to personally appear in court to present the ordered presentence investigation report. A district judge does not have authority to order

GA-1000
Greg Abbott

Article II, section 1 of the Texas Constitution separates the powers of Texas government into the legislative, executive, and judicial branches|A court would likely hold that a judge\\'s award of diligent participation credit under Code of Criminal Procedure subsection 15(h)(6) does not interfere with an expressly granted executive power and thus does not violate article II, section 1|Code of Criminal Procedure subsection 15(h)(6) gives the judge of the sentencing court the discretion, if the defendant satifies certain conditions, to shorten the time a defendant is required to serve in a state felony facility by up to twenty percent|In order to receive diligent participation credit under Code of Criminal Procedure subsec. 15(h)6), a defendant must first \\"diligently participate\\" in one of the specified types of rehabilitative programs. Only then may the judge award commutation. The statute does not permit or require the judge to give credit that has not first been earned.|Code of Criminal Procedure subsection 15(h)(6) gives the judge of the sentencing court the discretion, if the defendant satifies certain conditions, to shorten the time a defendant is required to serve in a state jail felony facility by up to twenty percent.|Diligent participation credits shorten a defendant\\'s required term of confinement, effectively imposing a less severe sentence.|A statute that required a judge to resentence a defendant in a manner that resulted in a shorter sentence was held to be an unconstitutional extension by the Legislature of commutation \\"as a mere gift or a matter of clemency\\" because the defendant could receive a reduced sentence simply by filing a motion.|The Court of Criminal Appeals upheld the constitutionality of a statute that granted commutation only after a convict, \\"by his own good conduct, had earned it.\\"|Under Texas Code of Criminal Procedure subsection 15(h)(6), a defendant must first \\"diligently participate\\" in one of the specified types of rehabilitative program in order to be entitled to diligent participation credit.

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-1032
Greg Abbott

Bailiff position, the Legislature has not authorized the creation of an additional bailiff position for the 105th District Court|Additional staff - if the 105th District Court determines that additional staff is needed to aid court in the exercise of its judicial functions, Court may rely on Government Code section 74.103 and inherent power to appoint necessary personnel other than a bailiff|Bailiff position, the Legislature has not authorized the creation of an additional bailiff position for the 105th District Court.|Additional staff - if the 105th District Court determines it needs additional staff to aid in the exercise of its judicial functions, Court may rely on Government Code section 74.103 and inherent power to appoint necessary personnel other than a bailiff.

GA-1062
Greg Abbott

Under Local Government Code section 84.021, a commissioners court must pay salaries of assistant county auditors, as properly certified by the district judges of the county|Under Local Government Code section 84.021, district judges are not required to include the names of assistant auditors in the list of appointees they certify to the county commissioners court|Under Local Government Code section 84.021, a commissioners court must pay the salaries of assistant county auditors, as properly certified by the district judges of the county

DM-0034
Dan Morales

Prospective jurors, statutory duties of district clerk with respect to selection of cannot be delegated by commissioners court or district judge to bailiff or jury administrator

DM-0074
Dan Morales

Court reporter's salary, district judge can set at level that differs from that set by other district judges in county

DM-0291
Dan Morales

Grand jury in multicounty judicial district, authority to return indictment for an offense committed in another county|Venue statutes, authority of grand jury in multicounty judicial district to return indictment for an offense committed in another county

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-0354
Dan Morales

Death penalty habeas corpus actions, court's power to appoint counsel in|Appointment of attorneys in death penalty habeas corpus actions, court's authority|Counsel in death penalty habeas corpus action, whether trial court can request agencies and associations to procure|Obligation of independent representation, whether "appointment" by agency or association militates against|Trial court's power to appoint attorneys to represent defendant; whether association may be appointed|Court-ordered attorney fees in death penalty habeas corpus actions, county's duty to pay

JC-0047
John Cornyn

Legal fees of district judge, state not obligated to pay; county may pay if county interests are at stake|Legal fees of district judge, county may pay if county interests are at stake|District judge, state not required to pay for defense of judge who retains private counsel without prior approval of Attorney General

JC-0254
John Cornyn

Community supervision and corrections department employees are not county employees and may not be included in expanded county civil service system|Community supervision and corrections department employees, county may not include in its expanded civil service system|Civil service system, county may not include community supervision and corrections department employees in its

JC-0314
John Cornyn

Employees, district judges have nondelegable authority to finally approve appointment of community supervision and corrections department personnel (Overrules Tex. Att'y Gen. Op. No. DM-208 (1993))|Community supervision and corrections department, district judges have nondelegable authority to finally approve appointment of all personnel (Overrules Tex. Att'y Gen. Op. No. DM-208 (1993))

JC-0356
John Cornyn

Criminal jurisdiction, 406th District Court of Webb County has

JC-0361
John Cornyn

County auditor and assistant county auditors, district judges may increase salaries of even though county budget year has already begun|Salaries, district judges may increase salaries of county auditor and assistant county auditors even though county budget year has already begun

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-0405
John Cornyn

Personal information regarding jurors who have served in criminal proceeding is confidential and may not be released to anyone without order from trial court|Juror personal information in civil cases is confidential with respect to third parties but may be released to litigants in action|Jurors who have served in a criminal proceeding, statute rendering personal information confidential does not preclude provision of such information to counsel for purpose of jury selection|Jury list, clerk may not provide list to one party and withhold from other party|Jury list, in both civil and criminal actions jury list must be disclosed to parties when they announce ready for trial|Jury list, subject to direction of presiding judge the clerk may release to parties any time after list has been delivered to sheriff to summon jurors|Jury list, subject to direction of presiding judge the clerk may release list to parties any time after list has been delivered to sheriff to summon jurors

JC-0579
John Cornyn

Grand jury hearing is "criminal proceeding" for purposes of statute requiring properly trained interpreters for non-English speaking or deaf or hearing-impaired witnesses|Criminal proceeding

JM-1140
Jim Mattox

County juvenile board service compensation is part of judge's combined yearly salary from state and county sources for purposes of determining what salary may be

JM-1166
Jim Mattox

Forfeited controlled substance, district court may not release to law enforcement officer to use in sting operation|Sting operation, district court may not release forfeited controlled substance to law enforcement officer to use in|Forfeited controlled substance, law enforcement officer may not use in sting operation

JM-1244
Jim Mattox

Probate jurisdiction, statute granting district court jurisdiction of certain civil and criminal matters does not provide