Untitled Texas Attorney General Opinion ( 1974 )

THE AYTORNEY GENERAL
OF TElxAs
8008
AUETIN. TEXAEI
787ll
Stratton v.
JOEN L. EILL couaty of Liberty
*-RNICY oEzsICRAL 502 sac' 2Q 252
zox. civ.App.
November 4, 1974 Bo8mat 1979,
writ Pm
The Honorable A. J. Hartel Opinion No. H- 439
County Attorney
Liberty County Re: Does grand jury have
Liberty, Texas authority to employ
pbrs~ons to investigate
Dear Mr. Hartel: crime?
You have requested our opinion on whether a grand jury has authority
to employ persons to investigate crime and to make their compensation
a charge on the county.
The commissioners court is the general business and contracting
agency of the county, and it alone has authority to make contracts binding
on the county, unless otherwise specifically provided by statute. Anderson
v. Wood, 152 S. W. 2d 1084, 1085 (Tex. 1941).
There is no constitutional, statutory, or case authority in Texas indicating
that a grand jury may independently employ an investigator to assist it.
When the issue has been considered in other jurisdictions, it has been
consistently held that a grand jury has no authority to employ an investi-
gator to assist its investigations, nor to make the compensation of such an
investigator a charge on the county. Allen v. Payne, 36 P. 2d 614 (Cal. 1934);
William J. Burns International Detective Agency V. Doyle, 208 P. 427 (Nev.
1922); Woody v. Peairs. 170 P. 660 (Cal. App. 1917). 38 C. J.S. Grand
Juries § 34 p0 1028 (1943); 38 Am. Jur. 2d Grand Jury 5 28 p. 974 (1968).
We express no opinion on the authority of the Commissioners Court to
pay for the services of investigators hired by the district attorney to assist the
grand jury. In this regard see Rodgers v. County of Taylor, 368 S. W. 2d 794(Tex. Civ. App. --Eastland 1963, writ ref’d n. r. e. ); Attorney General Opinions
WW-1334 (1962) and M-823 (1971).
p. 2028
The Honorable A. J. Hartel. page 2 (H-439)
SUMMARY
A grand jury has no authority to employ Persons
to investigate crime nor to make their compensation
a charge on the county.
Very truly yours,
u JOHN L. HILL
Attorney General of Texas
DAVID M. KENDALL. Chairman
Opinion Committee
p- 2029