Untitled Texas Attorney General Opinion ( 1961 )

THEATTOBZNEP GENERAL
OF a‘EXAS
AUSTIN m.‘lhxas
FVILL WILSON
AT-~-OR-GENERAL
August 31, 1961
Honorable W. G. Walley, Jr.
Acting Criminal District Attorney
Jefferson County
Beaumont, Texas Opinion No. WW-il30
Re: Compensation of the Acting
Criminal District Attorney
of Jefferson County under
Dear Mr. Walley: the facts submitted.
Your request for an opinion reads as follows:
"On September 16, 1958, the County
Commissioner's Court of Jefferson County
employed W. G. Walley, Jr., a licensed
and practicing attorney-at-law, to repre-
sent the county in eminent domain pro-
ceedings on a per diem basis of compensa-
tion in accordance with Exhibit "A" hereto
attached. Such attorney and his associates
immediately entered upon the performance of
the obligations undertaken in the letter
agreement and has, through his associate in
the private practice of law, continued to
perform such duties and obligations.
"On March 15, 1961, the Criminal
District Attorney of Jefferson County was
suspended from the performance of the
duties of his office and the said W. G.
Walley, Jr., was appointed to perform the
duties of such office temporarily by order
of the 136th District Court of Jefferson
County, Texas, in a removal proceeding in-
stituted under Title 100 of the Revised
Civil Statutes of Texas. The said W. G.
Walley, Jr. has continuously performed all
of the duties of the office of Criminal
District Attorney of Jefferson County, Texas
Honorable W. G. Walley, Jr., Page 2 (WW-1130)
since such appointment which had thereto-
fore been performed by the Criminal Dis-
trict Attorney.
"By judgment rendered June 1, 1961,
the 136th District Court of Jefferson
County, Texas adjudged, ordered and de-
creed that a certain $8,334.00 seized by
peace officers from a gaming establish-
ment should be delivered over to the
Jefferson County Commissioner's Court
'To be used for the purpose of investigat-
ing violations of any of the provisions of
the Penal Code of this State.' The County
Commissioner's Court received such sum and
ordered the same 'deposited in a Special
Fund subject to the order of the District
Court.' A copy of this judgment and the
Commissionerls Court action is attached
hereto as Exhibit "B".
"The Attorney General of Texas has
heretofore given his opinion that the said
W. G. Walley, Jr. Is entitled to be compen-
sated while performing the duties thereto-
fore performed by the Criminal District
Attorney of Jefferson County at the rate of
compensation provided by law as the emolu-
ment of the office. On July 26, 1961, the
said W. G. Walley, Jr. made written applica-
tion to the 136th District Court of Jefferson
County to be paid from 'the Special Fund
subject to the order of the District Court'
compensation for performing the duties there-
tofore performed by the Criminal District
Attorney of Jefferson County, the sum of
$4,000.00 for the period commencing g;csh
15, 1961 and ending July 15, 1961.
application was granted and a certified copy
of the order granting the same was delivered
to the County Commissioner~s Court. A copy
of this application and the order granting
the same is attached hereto as Exhibit "C .
"On July 31, 1961, one Quinten Keith
'reluctantly intruded his views' upon the
Commissioner's Court by a letter, a copy of
,
Honorable W. G. Walley, Jr., Page 3 (WW-1130)
which is attached hereto as Exhibit “D”>
in which the writer questioned that the
County Commissioner's Court could law-
fully comply with the order of the 136th
District Court to direct payment of such
$&,OOO.OO to the said W. G. Walley, Jr.
"The Honorable County Commissioners
Court has directed me to request from you
your opinion as to whether that body may
lawfully comply with the order of the
136th District Court reflected by Exhibit
"C!"In view of the legal questions posed
in the letter to Keith, dated July 31,
1961, evidenced by Exhibit "D".
"Your opinion thereon is, therefore,
requested."
In Attorney General's Opinion No. ``-1064 (196i),
this office held:
"The person discharging the duties
of the Criminal District Attorney's
office during the time that the elected
Crimdnal District Attorney is suspended
is entitled to receive the same compensa-
tion as the elected Criminal District
Attorney during the period of time he
discharges the duties of the office of
Criminal District Attorney."
Exhibit "C" attached to your request provides, in
part, as follows:
"ORDERED that the Honorable County
Commissioner's Court of Jefferson County,
be, and it is hereby directed to pay over
to W. G. Walley, Jr., the sum of Four
Thousand ($4,000.00) Dollars, as compensa-
tion for the legal services rendered by the
said W. G. Walley, Jr. as Acting Criminal
District Attorney of Jefferson County under
appointment of this Court in Cause No.
D-77,250, The State of Texas, ex rel. J. C.
Barry, et al vs. Ramie H. Griffin, in the
136th District Court of Jefferson County,
Honorable W. G. Walley, Jr., Page 4 (WW-1130)
Texas, from the 15th day of March, 1961
to July _12, 1961, out of the fund of
El t Thousand Three Hundred Thirty-four
(se334.00) Dollars heretofore ordered
delivered over to said Honorable County
Commissioner's Court in this cause; and
it is further
"ORDERED that the Clerk of this
Court be, and he is hereby directed forth-
with to prepare and deliver a certified
copy of Relator's Application herein and
of this Order to said Honorable County
Commissioners Court of Jefferson County,
Texas for its observation and compliance.
"SIGNED, RENDERED, ENTERED AND FILED
this 27th day of July, 1961.
"/s/ Harold R. Clayton
Presiding Judge, 136th District
Court of Jefferson County, Texas"
In view of the judgment of the 136th District Court
ordering the Commissioners Court of Jefferson County to pay
the sum of $4,000.00 as compensation for legal services as
Acting Criminal District Attorney of Jefferson County from the
15th day of March, 1961, to July 15, 1961, and in view of the
holding in Attorney General's Opinion No. ``-1064, supra, you
are advised that the Commissioners Court of Jefferson County
is authorized to pay the compensation referred to in your
request, as directed in the judgment of the 136th District
Court.
SUMMARY
Under the facts stated the Commissioners
Court of Jefferson County is authorized
to pay W. G. Walley, Jr., compensation as
Acting Criminal District Attorney in ac-
cordance with the order of the 136th
District Court of Jefferson County, Texas.
Yours very truly,
WILL WILSON
Attorney General of Texas
John Reeves
JR:mm Assistant
Honorable W. G. WalleY, Jr., Page 5 (w-1130)
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Vernon Teofan
Sam Ray Wilson
Bob Eric Shannon
Lawrence Hargrove
RFVIEWED FOR THE ATTORNEY GENERAL
By: Howard W. Mays