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District Clerks

Summaries

KP-0137
Ken Paxton

District clerk has no legal obligation to accept grand jury reports documenting investigations and findings that do not constitute criminal violations reportable by indictment|Grand Jury has no statutory authority to issue reports documenting its investigations and findings that do not constitute criminal violations reportable by indictment

GA-0216
Greg Abbott

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

GA-0243
Greg Abbott

Provisions of the Hidalgo County civil service plan, Hidalgo County deputy district clerks are not subject to the plan and the Commissioners Court cannot amend the civil service plan to include deputy district clerks

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-0488
Greg Abbott

Nonlawyer employee, supervising lawyer responsible for ensuring that nonlawyer's conduct is compatible with lawyer's professional obligations|Deputy district clerk, who may perform official acts of district clerk in name of district clerk, does not hold a civil office of emolument|Private attorney who files cases with district clerk does not hold a civil office of emolument and is not barred by article XVI, section 40 from serving as deputy district clerk|Deputy district clerk is not barred by from employment with private attorney who files cases with district clerk|Civil office

GA-0491
Greg Abbott

Filing fees, district clerk must collect under both sections 133.151 and 133.152 of the Local Government Code|District clerk must collect filing fees under both sections 133.151 and 133.152 of the Local Government Code

GA-0638
Greg Abbott

Records management and preservation fee collected under Local Government Code sections 118.011 and 118.0216 and article 102.005(f) of Code of Criminal Procedure|Records management and preservation fee collected under article 102.005(f) of Code of Criminal Procedure, allocation to district clerk's recrods management and preservation fund|Records management and preservation fund, a county clerk may not expend money from the clerk's fund with the commissioners court's approval|Records management and preservation fund, a county clerk may not expend money from the fund without the commissioners court's approval|County clerk's records management and preservation fund, the treasurer may not pay a request by the county clerk to expend money from the fund unless the commissioner court has approved the expenditure|Records management and preservation fee collected under Local Government Code sections 118.011 and 118.0216 and article 102.005(f) of Code of Criminal Procedure, use and distribution of

GA-0773
Greg Abbott

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

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-0222
Dan Morales

Limited power of attorney filed by obligee authorizing corporation to receive payments, clerk must remit payments to person designated in existing child support order or that portion of divorce decree providing for child support regardless of|Child support payments, clerk must pay to person designated in existing child support order or that portion of divorce decree providing for child support until order is modified|Limited power of attorney filed by obligee authorizing corporation to receive payments, district clerk must remit payments to person designated in existing child support order or that portion of divorce decree providing for child support regardless of|Court order, child support obligee may not modify existing child support order without obtaining new

DM-0282
Dan Morales

Cash paid in lieu of bail bond, clerk of district court may deposit in account separate from general account of county if so ordered by court or other authority|Interest on cash paid in lieu of bail bond is property of bailee|Inmates' money, sheriff may decide where to place for safekeeping subject to regulation by county auditor|Sheriff may decide where to place inmates' money for safekeeping subject to regulation by county auditor

DM-0295
Dan Morales

Habeas corpus|Habeas corpus application, filing fee for suit or action does not apply to|Habeas corpus proceeding, clerk may charge reasonable fee for services rendered|Writ of habeas corpus, clerk may not refuse to issue for failure to pay fee

DM-0296
Dan Morales

Child support order, authority to honor child support obligee's change of address request to child support collection agency without court order modifying original order|Obligee's change of address request to child support collection agency, authority of district clerk to honor without court order modifying original order

DM-0348
Dan Morales

County and district clerks required to deliver abandoned funds to comptroller without further court order, statute does not violate separation of powers|Abandoned funds, statute requiring clerks to report and deliver to comptroller constitutional|Abandoned property

DM-0382
Dan Morales

Service of process, collection|Service of process, collection of fees for|Service of process, permissibility of taxing fees as costs|Lending of credit, deferred collection of fees for service of process as|Lending credit|Loan of credit|Taxation of costs

JC-0031
John Cornyn

Court fees collected by district clerk, whether they constitute county funds that must be deposited in county treasury pursuant to statutory timetable is determined on fee by fee basis|District clerk court fees, whether they constitute county funds that must be deposited in county treasury pursuant to statutory timetable is determined on fee by fee basis

JC-0094
John Cornyn

Inmate divorce petition, authority of clerk to refuse to file where county residency based on time served in prison|Divorce petition, authority of clerk to refuse to file where county residency based on time served in prison

JC-0176
John Cornyn

Juror reimbursement, county treasurer is proper officer to deliver check to payee|Juror reimbursement checks, district clerk may not deliver

JC-0346
John Cornyn

Costs of court may be included in income-withholding order if costs necessarily incurred to enforce existing child support obligation|Income withholding, statute constitutionally may permit court to include attorney's fees in income-withholding order if fees necessarily incurred to enforce existing child support obligation|Common meaning, we must construe words used consistently with their|Income withholding order, statute may permit court to include attorney's fees, court costs, and other costs necessarily incurred to enforce existing child support order

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

JM-1162
Jim Mattox

Trust funds held by clerk until final disposition by court, funds affected, clerk's duty to invest or segregate, clerk's authority to charge administrative costs