Cumulative Subject Index
AG Opinions 1990-Present

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COUNTY, DISTRICT, AND CRIMINAL DISTRICT ATTORNEYS
Bonus or salary increase to prosecutor's employees, prosecutor may not use drug-forfeiture funds to pay without commissioners court's approval and unless bonus plan approved as part of compensation before services are renderedJM-1253
Credit toward longevity pay is not accrued during individuals employment as assistant prosecutor by a state other than TexasGA-0312
Defer prosecution, prosecutor generally may not in exchange for offender's monetary contribution to governmental or nonprofit organizationJC-0042
District attorney may appoint county attorney to serve as assistant district attorney and compensate him thereforeLO96-148
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 functionGA-0831
Failure to comply with sex offender registration requirements is a matter squarely within a prosecutor’s discretionGA-0976
Fee collected by prosecuting attorney for representing protective order applicant must be administered and disbursed in accordance with county budgeting processLO96-075
Forfeited automobiles, authority to contract for sale by sheriff's auctionLO97-091
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-0122
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)GA-0259
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 agencyGA-0122
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 ProcedureGA-0259
Forfeiture fund deposited with the county treasurer for placement in county depository (Affirmed by Tex. Att'y Gen. Op. No. DM-247 (1993))DM-0162
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 DM-0247
Forfeiture funds, district or criminal district attorney may not keep exclusive records, auditor must keep recordsDM-0247
Funds of district or criminal district attorney must be placed with county treasurer for deposit in county treasury and are subject to county auditor oversightDM-0257
Gift to county for use in financing prosecutions, commissioners court has discretion to determine how to spend within limits of instrument creating giftLO94-083
Habeas corpus, prosecutor may waive service by certified mail, return receipt requested, of copy of application for writ ofJC-0044
Horse slaughter in Texas with meat intended for human consumption, local prosecutors are authorized to prosecute violation of statutory prohibitionJC-0539
Hot check fund, interest that accrues must be severed from principal and used to benefit countyJC-0062
Interpreter appointed by court in criminal proceeding is not required to provide translation services to district attorney in preparing for trialsGA-0696
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)GA-0755
Lifetime service credit, accrual of by assistant prosecutor dependent only on length of service, not continuity or locationJC-0473
Longevity pay of $20 per month per year of lifetime service credit, county may not offset against other compensation of eligible assistant prosecutorsJC-0438
Longevity pay of $20 per month per year of lifetime service credit, county must pay to eligible assistant prosecutorsJC-0438
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 ofJC-0438
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 creditGA-0096
Multi-year contract, prosecutor may not bind proceeds of "hot check" fund inGA-0053
Non-attorney staff of a district attorney, because they are not county public servants, are not subject to the El Paso County Code of EthicsGA-0831
Official vehicle, incidental use by spouse of district attorney investigator is not misuse of government propertyLO97-083
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-1017
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 filesGA-1017
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 CodeGA-0716
Pretrial diversion fees, disposition ofJC-0463
Pretrial diversion, prosecutor generally may not offer in exchange for offender's monetary contribution to nonprofit organization incorporated by prosecutor and assistantsJC-0119
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 countyGA-0094
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 filedGA-0923
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" feeJC-0364
Prosecutor's forfeiture fund, applicability of County Purchasing Act to purchases made fromDM-0246
Prosecutors should always take care that their handling of evidence in criminal cases comports with constitutional requirementsGA-0992
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)DM-0107
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 countiesGA-0716
Special audit provisions of section 115.032 of Local Government Code, "hot check" fund is subject toGA-0053
State-employed physician who petitions court for authority to administer psychoactive medication, duty of county or district attorney to representLO94-073
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 CodeGA-0053
Supplemental funds under Professional Prosecutors Act are to be deposited in county depositoryGA-0053
Victim-assistance coordinator may also serve as local law-enforcement agency's crime-victim liaisonLO98-098
Victim-assistance coordinator, if the position is unpaid criminal district attorney's spouse may serve asLO98-098
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 compGA-0141
Voter registrar, local prosecutors have no authority to prevent voter registrar from performing the registrar's duties as provided by lawGA-0141
County Attorneys
Acts as county attorney, county attorney's purported holding of office of municipal judge did not affectLO98-044
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 gratuitouslyJC-0034
Animals, commissioners court authority to prohibit animals in a county courthouse that includes the offices of a county attorneyGA-1018
Appointment of assistants, role of county commissioners courtGA-0350
Authority to file Application for Placement under Health and Safety Code section 593.041 GA-0507
Civil litigation, county attorney is not required to represent county in; but may contract with county in private capacityLO97-011
Competitive bidding requirements, county attorney is not "specialized local entity" for purposes ofJM-1136
Consultation services contract with municipality, absent statutory authorization a county attorney in official capacity may not enter intoJC-0034
Costs of court, district clerk's authority to require county to pay in proceedings for forfeiture of contrabandLO93-089
County attorney is not authorized to appoint reserve peace officersGA-0709
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 ReserveGA-0460
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 countyGA-0241
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 eligibleJC-0191
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.GA-1039
County hospital district board of managers may hire outside attorney without approval of county attorney and may exclude county attorney from closed session of board meetingLO97-017
County or district attorney’s prosecutorial determination regarding the initiation of criminal proceedings is within the prosecutor’s substantial discretionGA-0967
County prosecutor, state funds allocated for expenses of office are budgeted by commissioners courtJC-0365
County-paid employees may perform private work in county attorney's private practice of law provided county commissioners court has approved the practice prior to the time attorney renders services to countyLO93-051
Courthouse security, Colorado County Attorney unauthorized to contract to provideLO98-026
De facto officer doctrine, actions in office of county attorney who was ineligible to be county attorney because of residency requirement may be valid underJC-0191
Dual office holding or incompatibility, a county attorney may serve as an unpaid assistant county attorney in a neighboring county without violating prohibition againstGA-0350
El Paso County Bail Bond Board without authority to employ private counsel for legal advice without consent of El Paso county attorneyGA-0074
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 attorneyGA-0817
Employment as attorney to city located within county not precluded by constitutional bar on dual office holding or common-law doctrine of incompatibilityJC-0054
Fayette County attorney is not entitled to be compensated as a district attorney pursuant to Professional Prosecutors ActJM-1264
Fees collected at licensed racetrack to be used solely to enforce provisions of Racing Act, but not limited solely to use of county or district attorney's officeLO90-050
Hot check charges, county attorney may contract with district attorney to pay "processing fee" for services rendered in pursuance of collection ofLO94-079
Hot check fund, auditor may require county attorney to submit documentation for expenses incurred fromJC-0084
Hot check fund, authority to sponsor children's book withGA-0475
Hot check fund, county attorney's authority overDM-0357
Identification cards, section 614.122 of the Government Code does not require county attorney to issue to uncompensated investigatorsGA-0619
Invalid appointment of county attorney may generally be challenged only under quo warranto doctrineJC-0191
Legislator barred from simultaneously serving as assistant county attorneyJC-0430
Member of board of managers of county hospital, county attorney is prohibited from simultaneously serving asLO97-100
Municipal court, county attorney has the right, but not the duty, to appear in municipal courtGA-0067
Office of municipal judge, county attorney automatically vacated position when he became county attorneyLO98-044
Office, authority of commissioners court to move from county courthouse to private office and to provide county attorney with in-kind compensationLO96-141
Personnel are terminable at will despite county civil service rule including them in civil service systemLO96-100
Private practice of law in official office, it is at the commissioners court's discretion as to whether an assistant county attorney may engage inLO98-086
Professional Prosecutors Act, county attorney covered by may not contract in private capacity to provide consultation services to municipality for feeJC-0034
Professor at state university in adjoining county, county attorney not barred from serving asLO90-039
Residency in county for six months required for appointment as county attorneyLO95-086
Services of prosecuting attorney in court-ordered mental health proceeding, fee collected as court cost for should be deposited with county treasurer rather than paid as salary supplement to county attorneyLO98-053
Special counsel to advise individual Harris County commissioners and sheriff on legal matters must be selected by county attorneyJM-1281
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 fundsJC-0227
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 consentGA-0153
Criminal District Attorneys
Civil proceedings, a criminal district attorney is under no obligation to represent a road district of his county inJM-1276
Collection of bond forfeiture within exclusive purview of criminal district attorneyLO97-089
Conflict of interest, former district judge employed as assistant criminal district attorneyGA-0557
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 prosecuteGA-0714
County Purchasing Act, purchases made by district attorney or criminal district attorney from felony forfeiture funds pursuant to chapter 59, Code of Criminal Procedure are subject toLO94-040
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.GA-1039
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 mattersGA-0816
Hot check fund, statute does not permit prosecutor to use to pay restitution to merchantJC-0168
Hot check fund, use of to pay restitution that prosecutor, in error, failed to include in court order is impermissible grant of public moneyJC-0168
Legal expenses, authority of commissioners court to pay legal expenses for criminal defense of criminal district attorneyGA-0523
Prosecutorial decisions of a district attorney, because of the substantial judicial deference accorded to prosecutorial decisions, this office will not opine onGA-0765
District Attorneys
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 courtGA-0997
Cash could constitute seized and forfeited property under section 24.377 of the Texas Government CodeGA-0920
Civil litigation, county may not contract with district attorney to represent county in private capacityLO97-011
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 moneyGA-0997
Commission on bond forfeiture collection, how to use, commissioners court may determine subject to any other legal restrictions on its authorityGA-0997
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 contractJC-0395
County commissioners courts and a regional review committee are two of the entities that may approve expenditures from a district attorney’s asset forfeiture fundGA-0920
County or district attorney’s prosecutorial determination regarding the initiation of criminal proceedings is within the prosecutor’s substantial discretionGA-0967
County Purchasing Act, purchases made by district attorney or criminal district attorney from felony forfeiture funds pursuant to chapter 59, Code of Criminal Procedure are subject toLO94-040
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-1039
District judge may appoint district attorney pro tem even when there is an assistant district attorney in placeJM-1246
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 CodeGA-0920
Expenses of nonresident witness in criminal proceeding, authority of prosecutor to advance without preapproval of the presiding judgeGA-0888
Fees collected at licensed racetrack to be used solely to enforce provisions of Racing Act, but not limited solely to use of county or district attorney's officeLO90-050
First assistant district attorney is empowered to conduct affairs of office if district attorney has resignedLO94-074
Forfeited funds, amendments to statute governing purchases made with would constitute retroactive law and impairment of contract if applied to purchases made by district attorney prior to effective dateJM-1218
Forfeited property, district attorney who has executed local agreement may dispose of by means other than sheriff's auctionJC-0075
Forfeiture funds acquired under article 59.06 of Code of Criminal Procedure may not be used to acquire juvenile detention facility for the countyGA-0613
Gifts and donations, district attorneys generally lack authority to acceptGA-0562
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 ConstituGA-0205
Guilty plea, inclusion of in pretrial diversion agreement, this office cannot advise on given lack of definitive guidance on the matterGA-0986
Hot check charges, county attorney may contract with district attorney to pay "processing fee" for services rendered in pursuance of collection ofLO94-079
Hot check fund, county investment officer not responsible for investingLO96-074
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 sourcesJC-0397
Investigator employed by district attorney is not an officerLO94-045
Investigator employed by district attorney may serve as school district trusteeLO94-045
Legal expenses, authority of commissioners court to pay legal expenses for criminal defense of criminal district attorneyGA-0523
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 lawJC-0380
Local forfeiture agreement under chapter 59 of Code of Criminal Procedure, district attorney pro tem does not have authority to modifyGA-0005
Medical coverage for district attorney, authority of county to provideDM-0337
Official purposes of district attorney's office do not include acquisition of juvenile detention facilities for countyGA-0613
Primary function of office is to prosecute the pleas of the state in criminal casesGA-0613
Prosecutorial decisions of a district attorney, because of the substantial judicial deference accorded to prosecutorial decisions, this office will not opine onGA-0765
Public community college, district attorney may simultaneously hold compensated teaching position withGA-0273
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 onJC-0397
Space leased by the county District attorney, whether occupying space leased by the county from district attorney’s spouse constitutes a conflict of interestGA-0730
Revised: June 08, 2012