Untitled Texas Attorney General Opinion ( 1984 )

The Attorney General of Texas .“M MAlTOX December 31, 1984 :torney General Bonorsble Frsnk Blsrclk Opinion lo. JU-287 Cttiinsl District Att~xney Wslker County Courtbourc &A: Whether s state legislator 1100 University Avenue msy be compensated AA court- Buntsville, Texas 77340 sppointed counsel under article 26.055 of the Code of Criminsl Procedure under certsin circus I4 J4ckwM. Suit4 700 stsnees usllss. TX. 751024506 2w742a44 Desr Mr. Blsrek: 4S24Alberle Avs.. SUIN 160 Pou hsve requested our opinion ss to whether s state lenislstor El PIso. lx. 7wos2795 msy be compensated ,III court-&pointed counsel under article G.055 of lY5333484 the Code of Criminsl Procedure. Thst ststute provides, in pertinent psrt: 10011*x**. SUIU 700 lourlon. lx. 77001.3111 Sectlolr 1. A county in which s fseility of the lY22SYS4 Texss Deps,rtmt of Corrections is located shall psy from its general fund only the first $250 of the sggrqpte M slloved snd swsrded by the court OS Brosdwry. Sultr 312 .ubtock.TX. 704Old479 for sttomeys’ feee, investigation, and expert ean47.5230 testimny ,under Article 26.05 tousrd defending A prieoner cctitted to thst fscility who is being prosecuted for sn offense comitted in thst county l3t4 N. Tenth. Suila S while in the custody of the department if the McAllen. lx. 7ScQl-1085 512mS24S47 prisoner was originslly ctitted for an offense committed :Ln another county. 200 Maln Plus. Suit0 400 Sec. 2. If the fees svsrded for court- San Antonlo. TX. 782052797 appointed counsel in A csse covered by Section 1 ~l2l22s4lol of this rwticle exceed $250. the court rhsll certify the amount in excess of $250 to the 4n Equal Owxtunit~l Comptroller of Public Accounts of the Stste of Alllrmrllw AslIon Employrr Texsr . Ihe couptroller ohs11 issue s vsrrsnt to the court-sppointed counsel in the smount certified to the comptroller by the court. Crsig A. Wsshington. vho is st present s member of the Texas Senste, sccepted qpointment in 1981 se counsel to represent A defendant who VAS Lndicted for murder of s prison guard while the defendant vss incazctrsted in the Texas Department of Corrections. By order .of July 17. ‘L984. Dlotrict Judge Darrell Rester directed Walker kaoreble trek Blarak - ?aBe :! W-287) County And the ntste of Texsr to pay to Senator Wsshiugton “the sum of $50.000.00 Ss sttorney’s ft~ce snd incurred costs” in the criminal ACtiocl. gy supplements1 ordm deted September 19, 1905, Judge Rester directed WSlker County sad t’h#s ltete to psy an SdditiouSl $10,054.52 to gerutor Ueshington “for reSsoruble sod necessary expenses end coete.” Governor Hark White Approved s grant to WSlker County for $SO,OOO for the purpose of coupenssting Senator WSshington for his legs1 services. BecSuse of this grSnt. the comptroller her refused to pey Senator WAShington SA directed by the court Snd her &vised him to collect these funds frm WslIzr County. In Attorney Generel Optirion O-1847 (1940). this office VAS asked by the county Attorney of Webb County to hold that S county judge bed exceeded his Authority in mfusing to perform e ststutory duty on constitutions1 grounds. In response, the Sttorney general declared: It is not vithin the proper scope of the functions of this departant to serve as S qruei sppallAte tribunal for the correction of vhet sre conceived to be errors comsltted by the courts of this state. The method for reviewing sad correcting such errors does n.ot lie in en eppeS1 to this department for an opinion upon A disputed question, hut in action by the proper revieving tribunel. The two orders of Judge! Bester have directed the state of Texas and Wslker COunty to pay e s~pSCffiC sum of money. These orders are subject, of course, to Sppellste revieu in the courts, And collstersl litigation is possible. As e metter of policy, this office will not exercise its quSsi-judiciS1 !Function to render opinions when mncters are in litigation before the courte or have been definitively resolved through judieiel Action. Accordingly, we respectfully decline to sddress your request for en opinion on this metter. The policy of this office is not to detetuine the validity of the payment of attorneys fees when this mettar is rho subject of edjudicetion in the cuurts. e JIM UATTOX Attorney General of Texas D. 1275 . . II Ronoreble Frank Bleeek - ?eBe 3 (JmBy) T(M GREEN Pirst Assistent Attorney Cenrrel DAVID R. RICHAltDS Bxecutive Assistent Attorney G:enerel RICK GILPIN Chairmen, Opinion Comittee Prepared by Rick Gilpin Aseistsnt Attorney General APPR0vED: OPINIONCOMITTEE Rick Gilpin, Chairman Jon Bible Susan Garrison Tony Guillory Jim Modlinger Jennifer Riggs Nancy Sutton