Untitled Texas Attorney General Opinion ( 1964 )

Miss Edna Cisneros Opinion No, C-256
County and District Attorney
Willacy County Courthouse Re: Whether the Commissioners’
Raymondville, Texas Court of Willacy County
has the authority to com-
pensate a special prose-
Dear MISS Clsneros: cutor for services rendered.
We acknowledge your request for an opinion on the above
captioned question. Your letter indicates, that in Willacy County
you perform the duties of both County and District Attorney and
have no assistants. The present problem arises in that on the sec-
ond trial of a murder case, you required legal assistance in the
case because of its seriousness and the various other duties of your
office. The special prosecutor asslsted~ you in the first trial on
a change of venue in the county of the special prosecutor’s resl-
dence . The question now posed is whether or not the Commissioners’
Court of Willacy County may compensate him for his services ren-
dered to the county.
The Commissioners’ Court has no power to employ an out-
side attorney to perform the regular duties of a County Attorney
or to pay an outside attorney a regular salar rforming such
duties 0 Attorney General’s Opinions Nos. o&tf``9&; v-1377
(1951) 0
The employment of an outside attorney to assist the
County and District Attorney, however, has been specifically ap;
proved o He is usually employed for specific purposes as was the
special prosecutor in Willacy County, and is to be pa I d from the
General Fund of the, county. 15 Tex.Jur.2nd 386, Counties, §169.
In Willis v. State, 90 S.W. 1100, 49 Tex. Crim. 139 (19051,
the Court of Criminal Appeals approved the employment of private
counsel to participate in a case in which he was familiar with the
facts e
In Adams ve Seaaler 112 Tex. 583, 250 S.W. 413 (1923)
the contention was advanced tiat the Commissioners’ Court was with-
out authority to employ private counsel, alleging th .at it
-. was the
County or District Attorney’s duty to prosecute suits in behalf of
the county. The Supreme Court stated at page 413 as follows:
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Miss Edna Cisneros, page 2 (c-256)
"It is made to appear in the statement of
the case by the Court of Civil Appeals, and
otherwise in the record, that the commissioners'
court employed said attorneys to assist the
county attorney in bringing and prosecuting the
suits, and that the county attorney joined~ in
the suits filed. We think there can be no doubt
that the commissioners' court, under its author-
ity to control and manage the finances and.busi-
ness affairs of the county, has power and au-
thority to employ attorneys to assist the regu-
larly constituted officers of the county in the
prosecution of its claims and suits. Terre11
v. Greene, 88 Tex. 539, 31 S.W. 631. It would
necessarily follow that it would be authorized
to pax for such services out of the county funds.
. . .
Since the special prosecutor in WillaCy County'~assisted
you as the regular County and District Attorney, owe advise you
that the Commissioners ' Court has the authority to compensate the
special prosecutor for his services from the General Fund of the
county.
SUMMARY
The Commissioners' Court of Willacy County
has the authority to compensate a speclal'prose-
cutor hired to assist the County Attorney, such
compensation to be paid from the General Fund of
the county.
Yours very truly,
WAGGONER
CARR
FDW:wb
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Milton Richardson
Paul Phy-
Charles Black
APPROVED FOR THE ATTORNEY
GENERAL
BY: Stanton Stone
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