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District Attorneys

Summaries

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-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

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-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-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-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-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-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-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-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-0967
Greg Abbott

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

JC-0075
John Cornyn

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

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

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