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Courts And Judges

Summaries

KP-0007
Ken Paxton

Salary, expenses, allowances, and other benefits provided by the county - Because the initial determination of whether a public expenditure to a justice of the peace who refuses to perform his duties upon resignation is gratuitous belongs to the commissioners court, we cannot conclude as a matter of law that the officer in these circumstances is entitled to salary, expenses, allowances, and other benefits provided by the county.|Because the initial determination of whether a public expenditure to a justice of the peace who refuses to perform his duties upon resignation is gratuitous belongs to the commissioners court, we cannot conclude as a matter of law that the officer in these circumstances is entitled to salary, expenses, allowances, and other benefits provided by the county.|Article III, section 52(a) of the Texas Constitution prohibits the gratuitous payment of public funds for a private purpose.

KP-0010
Ken Paxton

Other county programs that may be considered for county authorization of receipt of juror donations - Texas Government Code subsection 61.003(a)(4) does not limit the donation of juror reimbursements to only juror counseling programs.|Juror donations - Government Code subsection 61.003(a)(4) does not limit the donation of juror reimbursements to only juror counseling programs.|County authorization of receipt of juror donations - Government Code subsection 61.003(a)(4) does not limit the donation of juror reimbursements to only juror counseling programs.

KP-0019
Ken Paxton

A court would likely conclude that restitution funds ordered in a criminal judgment by a statutory county court and collected by the county clerk pursuant to article 42.037, Code of Criminal Procedure, are not funds "belonging to the county" and thus are not required to be deposited with the county treasurer or in the county treasury pursuant to Local Government Code section 113.021

KP-0027
Ken Paxton

County's representation of county official in action arising from the performance of a public duty. Term "sued" in Local Government Code section 157.901 most likely does not encompass disciplinary proceedings before Commission on Judicial Conduct.

KP-0038
Ken Paxton

A court would likely conclude that a group of district and county judges meeting to appoint a community supervision and corrections department director pursuant to Government Code chapter 76 is not a "governmental body" under the Open Meetings Act because the statutory curtailment of the group's previous managerial role with respect to departments. Consequently, notice of the group's meetings is not required by the Open Meetings Act to be posted.|A group of district judges meeting to appoint the county auditor pursuant to Local Government Code section 84.003 is not a governmental body under the Open Meetings Act. Consequently, notice of the group's meetings is not required by the Act to be posted.

KP-0047
Ken Paxton

Premises of "government court or office utilized by the court" means a government courtroom or those offices essential to the operation of the government court.|The responsible authority that would notify license holders of their inability to carry on the respective premises must make the determination of what government courtrooms and offices are essential to the operation of the government court, in consultation with the government court.|Premises|Building|"portion of a building"|"offices utilized by the courts"|"government court"

KP-0052
Ken Paxton

Authority of county commissioners court to adopt a policy to automatically reduce the salary of employees and officers

KP-0064
Ken Paxton

A court would likely conclude that under Family Code subsection 65.251(b), a truancy court may refer a child to the juvenile probation department for either failure to obey a truancy order or direct contempt; however, such a referral requires two prior instances of contemptuous conduct regardless of form -- either failure to obey a truancy order or direct contempt.|A court would likely conclude that the prosecutor of a juvenile maintains discretion under Family Code subsection 65.252(d) to prosecute a child for delinquent conduct as set forth in Family Code subsection 51.03(a)(2)(C) even on a child's initial referral to juvenile court.

KP-0073
Ken Paxton

Truancy offenses, expunction orders' applicability to records of juvenile probation department

KP-0090
Ken Paxton

Government Code section 26.006, a county judge performs a "judicial function" when the judge exercises criminal or civil jurisdiction as authorized by Government Code chapter 26|Government Code section 26.006, auditor should confer with Comptroller regarding whether to deny disbursement of a supplement to a county judge under

KP-0109
Ken Paxton

Establishment Clause of the U.S. Constitution - opening a court session with "God save the State of Texas and this Honorable Court" or with a prayer by a volunteer chaplain, or hosting a volunteer chaplain program to provide counseling upon request, does not violate the Establishment Clause

KP-0134
Ken Paxton

Access to clerk's records, criminal history record information subject to a nondisclosure order

KP-0141
Ken Paxton

Health and Safety Code subsection 574.0085(a) authorizes the statutory or constitutional county court judge with jurisdiction over mental illness to appoint the associate judge

KP-0146
Ken Paxton

Veterans treatment court judge, not the commissioners court, is authorized to select and supervise the staff of a veterans treatment court program

KP-0150
Ken Paxton

Convictions of juveniles by municipal courts for misdemeanor offense of possession of drug paraphernalia not reportable to Department of Public Safety|Municipal courts not required to report juvenile convictions for misdemeanor offense of possession of drug paraphernalia to Department of Public Safety|Department no required to accept municipal court convictions of juveniles for misdemeanor offense of possession of drug paraphernalia

KP-0174
Ken Paxton

Court registry account, county treasurer does not have administrative authority over|Court registry account, county commissioners court's authority over

KP-0180
Ken Paxton

Authority of commissioners court to deny longevity pay to county judge who receives a state salary supplement pursuant to Government Code section 26.006|Longevity pay

KP-0182
Ken Paxton

Authority of county to transfer funds from road and bridge account to general account to pay commissioner who performs road and bridge maintenance

KP-0201
Ken Paxton

Bailiff - authority of a justice court to employ|Peace Officer - authority of constable to sponsor the peace officer license of a justice court bailiff

KP-0203
Ken Paxton

County clerks and commissioners court have concurrent authority to collect certain payables under Code of Criminal Procedure article 103.003|Commissioners court authority to establish and supervise county collections department and delegate collection of money to private collections firm|Contract between commissioners court and private collections firm to collect money owed to the county

KP-0206
Ken Paxton

Contempt action in connection with Health and Safety Code section 573.012 could likely be brought by court with jurisdiction over mental health proceedings|Designation of peace officer or law enforcement agency to execute emergency detention warrant pursuant to Health and Safety Code section 573.012|Peace officer executing emergency detention warrant pursuant to Health and Safety Code section 573.012 has duty to transport person to appropriate facility|Peace officer refusing to transport person to appropriate facility pursuant to Health and Safety Code section 573.012 is liable for contempt|Magistrate may direct detention warrant issued pursuant to Health and Safety code section 573.012 to any on-duty peace officer listed in Code of Criminal Procedure article 2.12 regardless of location of subject within county|The term "peace officer" does not distinguish between county and municipal peace officers for purposes of executing emergency detention warrants pursuant to Health and Safety Code section 573.012

GA-0012
Greg Abbott

County court at law judge's compensation must include amount equal to benefit-replacement pay received by a district judge if county court judge held office on August 31, 1995|Compensation must include amount equal to benefit-replacement pay received by district judge only if county judge held office on August 31, 1995, County court judge's|Benefit-replacement pay, compensation includes|Benefit-replacement pay|Compensation|Salary

GA-0017
Greg Abbott

Juvenile proceeding under Juvenile Justice Code, court may order nonprevailing child or other nonprevailing party to reimburse county costs of serving summons in|Juvenile Justice Code, court may order nonprevailing child or other nonprevailing party to reimburse county costs of serving summons in proceeding under|Summons, juvenile court may order nonprevailing child or other nonprevailing party to pay costs of serving|Juvenile court may order nonprevailing child or other nonprevailing party to reimburse costs of serving summons in proceeding under Juvenile Justice Code

GA-0063
Greg Abbott

Congressional districts, authority and responsibility of legislature to redraw|Voting Rights Act, application to redistricting|Redrawing of congressional districts, authority of legislature and courts|Redistricting Texas congressional seats, authority of courts to do so if legislature does not adopt a constitutional plan

GA-0067
Greg Abbott

Examining witnesses, municipal judge's authority if the state is not represented by counsel when the case is called for trial|Municipal judge does not have authority to examine witnesses if the state is not represented by counsel when the case is called for trial|Municipal court, county attorney has the right, but not the duty, to appear in municipal court

GA-0099
Greg Abbott

District judges' salaries, comptroller may not reduce state salaries paid to Harris or Travis county judges if the appropriate commissioners court decides to pay an amount that would exceed statutory differential|Notwithstanding|Salaries, comptroller may not reduce state salaries paid to Harris or Travis county judges if the appropriate commissioners court decides to pay an amount that would exceed statutory differential

GA-0105
Greg Abbott

Statewide local rules of administration for statutory probate courts, presiding judge of the statutory probate courts may adopt|Statutory probate courts, presiding judge of the statutory probate courts may adopt statewide local rules of administration for

GA-0112
Greg Abbott

Forcible entry and detainer suits, whether private process servers may serve citations

GA-0126
Greg Abbott

Associate judge, a district judge may appoint as an associate judge under Family Code, chapter 201, subchapter A a person who did not apply nor interview for the position and who did not meet posted qualifications that the commissioners court has authoriz|Associate judge, authority of family district court to appoint an associate judge pursuant to 1984 commissioners court order authorizing the court to appoint a master under a repealed law|Associate judge appointed by a district judge under Family Code, chapter 201, subchapter A, whether associate judge is an employee under Title VII of the Civil Rights Act of 1964|Associate judge, a district judge may appoint as an associate judge under Family Code, chapter 201, subchapter A a person who did not apply nor interview for the position and who did not meet posted qualifications, provided that the commissioners court ha

GA-0131
Greg Abbott

Contempt of justice court order, child who commits may be detained prior to adjudication in accordance with the Juvenile Justice Code but juvenile court may not order the child placed after disposition in a secure facility|Contempt of justice court order, child who commits may be detained prior to adjudication in accordance with Juvenile Justice Code

GA-0145
Greg Abbott

Justice of the peace fees for issuing certified birth and death records, constitutionality under article XVI, section 61 of statute authorizing justice to retain fees in addition to salary|Fees for issuing certified birth and death records, constitutionality under article XVI, section 61 of statute authorizing justice of the peace to retain fees in addition to salary

GA-0146
Greg Abbott

Derived judicial immunity applies to officials exercising the functional equivalent of judicial discretion; generally, a bailiff and chief of courthouse security screening individuals at the courthouse would not be exercising the functional equivalent of

GA-0147
Greg Abbott

Collection contract between county or municipality and private attorney or vendor to collect overdue court costs and fines, allocation of money collected under|Fines and costs, allocation when justice orders a defendant to pay in installments but defendant does not pay total amount due

GA-0155
Greg Abbott

Additional fees paid to a court reporter, a district and county court at law court reporter may be paid salary as well as compensated for additional work performed without violating article III, section 53 of Texas Constitution|Additional fees paid to a court reporter, a district and a county court at law court reporter may be paid a salary as well as compensation for additional work performed without violating article III, section 53 of Texas Constitution|Court reporter is not an officer for purposes of article XVI, section 61 of Texas Constitution|Additional fees paid to a court reporter, a district and a county court at law court reporter may be paid a salary as well as compensated for additional work performed without it being a violation of article III, section 53 of Texas Constitution|Transcript prepared by a court reporter, a county may be required to pay fees for a transcript when the county itself is a party to litigation or when transcript is prepared for indigent|Additional compensation|Additional work performed|Officer|Salary

GA-0157
Greg Abbott

Racing on the highway by a person younger than 17 years of age is a traffic offense rather than delinquent conduct or conduct indicating a need for supervision and is within the jurisdiction of a justice or municipal court|Violation of section 729.001 of Transportation Code is within jurisdiction of justice and municipal courts

GA-0161
Greg Abbott

Reschedule qualified, nonexempt prospective jurors without requiring them to appear in court, a municipal court may adopt a policy under which it may|Inherent authority of a court to adopt a policy under which it may reschedule qualified, nonexempt prospective jurors without requiring them to appear in court

GA-0164
Greg Abbott

Court reporter serving under Family Code chapter 201, subchapter C, is an "official court reporter" for purposes of section 52.047 of the Government Code and may charge fee for preparing transcript|Court reporter transcript fees are not salary supplements and do not violate section 659.020 of the Government Code which prohibits salary supplements to state employees|Court reporter serving under Family Code chapter 201, subchapter C, is "official court reporter" for purposes of section 52.047, Government Code and may charge fee for preparing transcript|Court reporter transcript fees are not salary supplements and do not violate section 659.020, Government Code prohibiting salary supplements to state employees|Transcript preparation is responsibility of "official court reporter" and is to take place during normal business hours|Fee|Salary Supplement|Official Court Reporter|Transcript Preparation

GA-0166
Greg Abbott

Persons arrested by deputy constables for state-law violations, city council may prohibit the use of the municipal jail as a holding facility while arrested persons wait to appear before a magistrate, to post bond, or to be transported to a county facilit

GA-0193
Greg Abbott

Salary, a county may not pay a justice of the peace an amount over and above the justice's to perform an inquest or serve as a magistrate|Justice of the peace, a county may not pay an amount over and above the justice's salary to perform an inquest or serve as a magistrate

GA-0199
Greg Abbott

Municipal judges, authority to investigate possible misconduct of|City finance director, whether service as temporary municipal judge in same city violates Code of Judicial Conduct|City finance director not prohibited from serving as temporary municipal judge in same city by article XVI, section 40|City finance director not prohibited from serving as temporary municipal judge in same city by common-law incompatibility rules

GA-0203
Greg Abbott

Social Security numbers, board of county court at law judges has no authority to order the county clerk to redact social security numbers from electronic copies of case-related documents available on the clerk's website|Social Security numbers, board of county court at law judges have no authority to order clerk to redact social security numbers from the electronic documents available on the clerk's website|Social Security numbers, board of county court at law judges has no authority to order county clerk to redact social security numbers from electronic cases of case-related documents

GA-0211
Greg Abbott

County judge whom the State Commission on Judicial Conduct has temporarily suspended with pay is entitled to receive the judge's total salary, including a state supplement|Temporarily suspend a judge with pay, the Commission has authority to, and a county judge who has been so suspended is entitled to receive total salary, including a state supplement, during the suspension

GA-0216
Greg Abbott

Appointment of a district clerk, district judges must unanimously assent to the

GA-0220
Greg Abbott

Victim's name, address, or other identifying information appearing both in a felony judgment and a victim impact statement, Act makes such information in the judgment confidential and not subject to disclosure|Victim's name, address, or other identifying information appearing both in felony judgment and a victim impact statement, Public Information Act makes such information in the judgment confidential and not subject to disclosure|Judgment contents, a felony judgment must contain the information specified in article 42.01, section 1 of the Code of Criminal Procedure|Victim's name, address, or other identifying information appearing both in a felony judgment and a victim impact statement, Public Information Act makes such information in the judgment confidential and not subject to disclosure

GA-0231
Greg Abbott

Family protection fee collected upon the filing of a suit for dissolution of marriage, revenues from may be used for court-related purposes without contravening the open courts provision, article I, section 13 of the Texas Constitution|Family protection fee revenues may be used for court-related purposes without contravening the open courts provision, article I, section 13 of the Texas Constitution|Open courts provision, family protection fee revenues may be used for court-related purposes without contravening

GA-0244
Greg Abbott

Salary supplement fee in a proceeding for court-ordered mental health services, a commissioners court may set as a court cost and pay to the county judge who hears such matters away from the county courthouse, and an amount equal to the fee may not be ded|Court-ordered mental health services, because Texas Mental Health Code provides that an application for court-ordered mental health services may be filed with the county clerk in the county in which the proposed patient resides, is found, or is already re|Court-ordered mental health services, Texas Mental Health Code does not generally require a court in a county where a state hospital is located to hear matters involving patients who are receiving services at a hospital pursuant to the order of a court in|Court-ordered mental health services, Texas Mental Health Code permits but does not require a court to hold a proceeding for court-ordered mental health services at the state hospital in the county or other location outside the county courthouse

GA-0245
Greg Abbott

Courtrooms and offices, 40th and 378th district courts may locate outside original sixty-two acres of City of Waxahachie, so long as those courtrooms and offices are located within the currently existing municipal boundaries of that city

GA-0313
Greg Abbott

Fines and costs that are more than 60 days delinquent, a county commissioners court that contracts with a collection agent to does not thereby abrogate the justice court’s authority to collect or otherwise dispose of the fines and costs|Collect justice-court fines and costs that are more than 60 days delinquent, a county commissioners court that contracts with a collection agent to does not thereby abrogate the justice court’s authority to collect or otherwise dispose of the fines and co

GA-0316
Greg Abbott

Magistrate’s probable cause determination in a nonconsent tow hearing conducted in municipal court under chapter 685, Transportation Code is final and no appeal is authorized|Nonconsent tow hearings conducted pursuant to chapter 685, Transportation Code, are not criminal matters

GA-0330
Greg Abbott

Petition for order of nondisclosure, proper fee for|Petition for order of nondisclosure, trial court jurisdiction

GA-0336
Greg Abbott

Jury selection, use of volunteers

GA-0340
Greg Abbott

Court-related purposes|Open courts provision requires fees charged to litigants to be used only to support judiciary|Budget-making authority is vested in commissioners court|Expired budget, commissioners court has no authority to amend|Special account in county general fund, authority of commissioners court to establish|Special budget, no authority for commissioners court to prepare budget separate from general county budget "excess contributions" remitted to county under Local Government code section 26.008

GA-0348
Greg Abbott

Municipal judge, Constitution and common-law doctrine of incompatibility do not preclude county commissioner serving as|State Commission on Judicial Conduct, whether Canons of Judicial Conduct prohibit municipal judge from concurrent service as county commissioner is question for|Municipal judge, whether Canons of Judicial Conduct prohibit from concurrent service as county commissioner is a question for the State Commission on Judicial Conduct

GA-0357
Greg Abbott

Government Code section 76.002, The phrase "district judges trying criminal cases" means a district judge that regularly examines criminal matters the disposition of which involves a Government Code chapter 76 program or facility

GA-0370
Greg Abbott

Immune from a suit for back pay brought by a judge who was under-compensated, a county is|Back pay under section 25.0005(a) of the Government Code, a judge's suit for is subject to a four-year statute of limitations; governmental immunity bars suit for against county

GA-0372
Greg Abbott

Court reporter service fee under section 51.601 of the Government Code, county clerk may not collect if the county court has not appointed an official court reporter

GA-0381
Greg Abbott

Interview of persons in detention facilities by employees of personal bond office, applicability of chapter 1704 of the Occupations Code|Posting bail bond surety referral telephone number in detention facilities|Signs in detention facilities, applicability of chapter 1704 of the Occupations Code to signs in detention facilities about bail bonds, personal bonds, and personal bond office|Personal bond, authority of criminal judges to order cities to post signs concerning|Bail bond referral telephone number, posting in detention facilities|Bail bond surety referral telephone number, posting in detention facilities|Solicitation by sureties, applicability of chapter 1704 of the Occupations Code to personal bond office

GA-0387
Greg Abbott

Open courts provision of Texas Constitution prohibits collection and allocation of one-half of family protection fee to fund state agency program|Fee collected in suit for dissolution of marriage may be used only for court-related expenditures

GA-0396
Greg Abbott

Deferred adjudication community supervision, article 42.12, section 5(h) of Code of Criminal Procedure does not authorize the state to pursue a defendant for past due fines and costs with a capias pro fine, where no motion to adjudicate was filed prior to the expiration of|Deferred adjudication community supervision, article 42.12, section 5(h) of the Code of Criminal Procedure does not authorize the state to pursue a defendant for past due fines and costs with a capias pro fine where no motion to adjudicate was filed prior to the expiration of|Dismiss proceedings against defendant and discharge him pursuant to article 42.12, section 5(c) of Code of Criminal Procedure, a court dismisses the charging instrument and terminates the underlying criminal action for which community supervision was granted when court acts to|Deferred adjudication community supervision, article 42.12, section 5(h), Code of Criminal Procedure, does not authorize the state to pursue a defendant for past due fines and costs with a capias pro fine, where no motion to adjudicate was filed prior to the expiration of

GA-0398
Greg Abbott

Assignment, eligibility of former and retired judges who qualified for service prior to amendment to section 74.055(c) of the Government Code to sit by|Grandfather clause applicable to former and retired judges who qualified for service by assignment prior to amendment to Government Code section 74.055(c)

GA-0406
Greg Abbott

Meet before hearings with the child or the individual with whom the child ordinarily resides, attorney ad litem's duty under section 107.004(d) of the Texas Family Code to |Attorney ad litem's duty under Texas Family Code section 107.004(d) to meet before hearings with the child or the individual with whom the child ordinarily resides|Attorney ad litem's duty under Family Code section 107.004(d) to meet before hearings with the child or the individual with whom the child ordinarily resides|Meet|Feasible

GA-0413
Greg Abbott

Jurisdiction over probation defendant, court is divested of once term of community supervision has expired, unless prior to expiration the processes of the court have been set in motion for revocation of probation or determination of guilt|Community supervision ends automatically at expiration of community supervision period|Probation defendant is not subject to conditions of community supervision, including the payment of fines, fees, and court costs, as of the date the period of community supervision expires|Jurisdiction over probation defendant, court is divested of once term of community supervision has expired unless prior to expiration the processes of the court have been set in motion for revocation of probation or determination of guilt

GA-0417
Greg Abbott

Failure to attend school, court must dismiss referral filed by school district against a student for failure to attend school if district did not file complaint within seven days of student's tenth unexcused absence within a six-month period in same school year|Failure to attend school, court must dismiss complaint filed by a school district against student for failure to attend school if school district did not file complaint within seven days of student's tenth unexcused absence within a six-month period in same school year|Failure to attend school, court must dismiss complaint filed by a school district against student for failure to attend school if district did not file complaint within seven days of student's tenth unexcused absence within a six-month period in same school year|Failure to attend school, court must dismiss complaint filed by a school district against a student for failure to attend school if school district did not file complaint within seven days of student's tenth unexcused absence within a six-month period in same school year|Student's failure to attend school, requisite time period for school district to file complaint or referral or risk dismissal without recourse to file again (GA-0574 (2007) notes that new legislation supersedes a portion of GA-417's conclusion, see Tex. Educ. Code Ann. § 25.0951(a)).|Student's failure to attend school, requisite time period for school district to file complaint or referral or risk dismissal and authority to file again (GA-0574 (2007) notes that new legislation supersedes a portion of GA-417's conclusion, see Tex. Educ. Code Ann. § 25.0951(a)).

GA-0422
Greg Abbott

Confidentiality of petit jury lists, clerk's duty to maintain|Confidentiality of grand jury lists, clerk's duty to maintain|Confidentiality of petit jury lists, judge's duty to maintain|Confidentiality of grand jury lists, judge's duty to maintain|Confidentiality of petit jury lists, judge's or clerk's duty to maintain|Confidentiality of grand jury lists, judge's or clerk's duty to maintain

GA-0426
Greg Abbott

Transfer of funds from one budget item to another to make payments with respect to county judge's state salary supplement|State supplement to county judge's salary if at least 40 percent of functions he performs are judicial functions|Transfer of funds from one item in county budget to another to make payments with respect to county judge's state salary supplement|Magistrate, service as is a judicial function|Magistrates of the county, including district judges, county judges, judges of the county courts at law, the judges of statutory probate courts, justices of the peace, and city judges have a mandatory duty to give statutory warnings to arrested person brought before them|Judicial function

GA-0437
Greg Abbott

Maximum lawful salary payable to a state district judge under section 659.012 of the Government Code is $140,000

GA-0462
Greg Abbott

Maximum salary of county court at law judges in Gregg County|County court at law judges, fees and costs collected under section 51.701 of Government Code used to supplement salaries of |Fees and costs collected under section 51.702 of the Government Code used to supplement salaries of county court at law judges

GA-0489
Greg Abbott

Amicus attorney, indigent client, private suit affecting parent-child relationship|Attorney ad litem, indigent client, private suit affecting parent-child relationship|Guardian ad litem, indigent client, private suit affecting parent-child relationship|Compensation of appointed amicus attorney, attorney ad litem, guardian ad litem, private suit affecting parent-child relationship, indigent parents|Appointment, amicus attorney, indigent client, private suit affecting parent-child relationship|Appointment, attorney ad litem, indigent client, private suit affecting parent-child relationship|Appointment, guardian ad litem, indigent client, private suit affecting parent-child relationship|Indigence, compensation of appointed amicus attorney, attorney ad litem, guardian ad litem

GA-0491
Greg Abbott

Filing fees, district clerk must collect under both sections 133.151 and 133.152 of the Local Government Code|District clerk must collect filing fees under both sections 133.151 and 133.152 of the Local Government Code

GA-0551
Greg Abbott

Conflict of interest, whether administering polygraph examinations for criminal district attorney's office on criminal defendants is prohibited is matter for State Commission on Judicial Conduct to determine|Justice of the peace, whether administering polygraph examinations for criminal district attorney's office on criminal defendants after "arraignment" and setting bond is prohibited|Arraignment

GA-0557
Greg Abbott

Conflict of interest, former district judge employed as assistant criminal district attorney|Former district judge, successive employment as assistant criminal district attorney

GA-0560
Greg Abbott

Justice Court Technology Fund may not be used for constable education and training|Purchase of computer from Justice Court Technology Fund, whether purchase for constable serves as technological enhancement for justice court is fact question to be determined by commissioners court

GA-0568
Greg Abbott

Statutory probate court, the filing fee in Local Government Code section 133.154 does not apply to cases filed in a

GA-0569
Greg Abbott

Justice of the peace is not a county employee and salary and other compensation is set by the commissioners court|Dual office holding, justice of the peace is not barred by dual office holding provisions from simultaneous service as county emergency medical services employee|Simultaneous service as county emergency medical services employee, justice of the peace is not barred by dual office holding provisions from |Simultaneous service as director of county emergency medical services, sheriff's dispatcher is not barred from

GA-0570
Greg Abbott

Statutory county court judge may be assigned to presiding judge of judicial region to hear and decide felony cases in a district court within his county of residence|Statutory county court judge may hear and decide felony cases in a district court within his county of residence pursuant to assignment by presiding judge of judicial region

GA-0578
Greg Abbott

Annual state salary, individuals appointed as judges of newly created 444th and 445th Judicial District courts are entitled to|Payment of state's portion of salaries for individuals who will serve as district judges, commissioners court must approve|Showing of essentiality, degree to which district judges appointed to newly created judicial districts are entitled to supplemental salary payments, office space, and other perquisites of office depends upon a|Annual state salary, individuals appointed as judges of the newly created 444th and 445th Judicial District courts are entitled to|Appointment of judges for the 444th and 445th Judicial District courts, Governor is required to make appointments as vacancy exists in each court

GA-0593
Greg Abbott

Probation, authority to modify conditions of probation to require payment in lieu of community service|Monetary payment in lieu of community service to be used for community supervision and correction department purposes

GA-0638
Greg Abbott

Records management and preservation fee collected under Local Government Code sections 118.011 and 118.0216 and article 102.005(f) of Code of Criminal Procedure|Records management and preservation fee collected under article 102.005(f) of Code of Criminal Procedure, allocation to district clerk's recrods management and preservation fund|Records management and preservation fund, a county clerk may not expend money from the clerk's fund with the commissioners court's approval|Records management and preservation fund, a county clerk may not expend money from the fund without the commissioners court's approval|County clerk's records management and preservation fund, the treasurer may not pay a request by the county clerk to expend money from the fund unless the commissioner court has approved the expenditure|Records management and preservation fee collected under Local Government Code sections 118.011 and 118.0216 and article 102.005(f) of Code of Criminal Procedure, use and distribution of

GA-0642
Greg Abbott

County Judge, power to act as magistrate when constitutional county court is divested of its probate, juvenile, civil, and criminal jurisdiction

GA-0651
Greg Abbott

Appointment to represent an indigent criminal defendant in appellate proceedings, whether a justice may accept|County official, justice of the peace is for purposes of Code of Criminal Procedure article 26.06\r\n|Appointment to represent an indigent criminal defendant in appellate proceedings, article 26.06 of the Code of Criminal Procedure and Government Code section 82.064 appear to recognize the authority of a justice of the peace to accept|Code of Judicial Conduct, whether a justice of the peace violates in particular circumstances is to be determined by the Commission in the first instance\r\n|County official

GA-0660
Greg Abbott

Dangerous dog, a municipal court’s jurisdiction to adjudicate compliance hearings under Health and Safety Code section 822.042 and appeals from dangerous-dog determinations under section 822.421|Court of competent jurisdiction

GA-0691
Greg Abbott

Conditions of community supervision, including conditions about where the probationer may live and travel, under article 42.12 of the Code of Criminal Procedure the Legislature has authorized judges to determine|Conditions of community supervision, including conditions about where the probationer may live and travel, under article 42.12 of the Code of Criminal Procedure the Legislature has authorized judges to determine

GA-0692
Greg Abbott

Regulations construed using the same principles of construction as statutes, and a reasonable construction by the agency that promulgated the rules is entitled to deference|Authority to supervise inmates being held in courthouse holding cells, as the agency charged with adopting reasonable rules and procedures establishing minimum standards for the custody, care and treatment of prisoners, the Texas Commission on Jail Standards must determine, in the first instance, whether bailiffs have the

GA-0694
Greg Abbott

Statutory county court judge, whether, under Government Code section 25.0005(a)the judge is entitled to longevity pay calculated in accordance with Government Code section 659.0445|Longevity pay calculated under Government Code section 659.0445, whether a statutory county court judge is entitled to under Government Code section 25.00005(a)|Contribution\r\n\r\nSalary\r\n\r\nSupplement

GA-0696
Greg Abbott

Foreign language interpreter on district attorney’s staff, decisions about funding are made by the commissioners court in the budget process, subject to judicial review for abuse of discretion|Interpreter appointed by court in criminal proceeding is not required to provide translation services to district attorney in preparing for trials

GA-0700
Greg Abbott

Official court reporter for multi-county district court, reimbursement for expenses of performing official duties in reporter’s county of residence and in other counties \r\n\r\nCourt reporter for district court is not an employee within Local Government Code section 152.011|Official court reporter for multi-county district court, reimbursement for expenses of performing official duties in reporter’s county of residence and in other counties

GA-0713
Greg Abbott

Justice court may use an electronic monitoring device as a condition of deferment of final disposition or probation for an individual found to have committed an offense under section 25.094, Education Code, only if the use of the device in a given proceeding is reasonable|Failure to attend school, for the offense of, a justice court may use an electronic monitoring device as a condition of deferment of final disposition or probation if the use of the device reasonable

GA-0714
Greg Abbott

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 prosecute

GA-0715
Greg Abbott

Discretion to provide medical insurance for juvenile board, county commissioners have|Eligibility for county medical insurance, juvenile board members|Compensation|Medical insurance, included within the term "compensation"

GA-0718
Greg Abbott

Death certificates, authority of justice of the peace or county court at law to cause an amendment to

GA-0728
Greg Abbott

Community supervision and corrections department, statutory county court judge with only misdemeanor jurisdiction is among the group of judges described in section 76.002(a), Government Code|Government Code section 76.002(a), “statutory county court judges trying criminal cases� includes a statutory county court judge with only misdemeanor jurisdiction under|Criminal\r\n|Case

GA-0745
Greg Abbott

Adjudication of a charge of violating the Parks and Wildlife Code and impose a special expense without assessing a fine, justice of the peace may defer|Special expense imposed under article 45.051, Code of Criminal Procedure, is not a fine under section 12.107, Parks and Wildlife Code, to be remitted to the to the Parks and Wildlife Department|Parks and Wildlife Department, special expense imposed under article 45.051 of Code of Criminal Procedure is not a fine under section 12.107 of Parks and Wildlife Code to be remitted to the

GA-0757
Greg Abbott

Services of county clerk in mental health matters, Titus Regional Medical Center which is operated by the hospital district is exempt from paying application fee under section 118.055 of Local Government Code for|Application fee under section 118.055 of Local Government Code, Titus Regional Medical Center which is operated by hospital district is exempt from paying in mental health matters|Application fee under section 118.055 of Local Government Code for services of county clerk, Titus Regional Medical Center which is operated by hospital district is exempt from paying fee in mental health matters|Application fee under section 118.055 of Local Government Code for services of county clerk, Titus Regional Medical Center which is operated by hospital district is exempt from paying in mental health matters

GA-0761
Greg Abbott

Jurisdiction under Code of Criminal Procedure articles 47.01a(a) and 47.02 to award title or ownership of a motor vehicle\r\n\r\nJurisdiction to award title or ownership of a vehicle in enforcing a lien under Government Code section 27.031|Jurisdiction under Code of Criminal Procedure articles 47.01a(a) and 47.02 to award title or ownership of a motor vehicle\r\n\r\n|Authority of justice and municipal court to award title or ownership of motor vehicles|Order from a justice or municipal court, under section 501.074(a)(4) of the Transportation Code, the Department may accept and issue a new certificate of title based on an

GA-0764
Greg Abbott

District court, duty to provide certain funding for|Appointed judge, taking oath of office\r\n\r\nAppointed judge, length of service\r\n\r\nNewly-created district court, vacancy in\r\n\r\nTerm of office, district judge\r\n\r\nVacancy in, filling|Mandamus, not subject to\r\n\r\nVacancy in district court, authority to fill|Succeeding

GA-0772
Greg Abbott

Sex offender registration of juvenile, juvenile court’s deferral of decision on during treatment|Court order, attorney general opinion will not review|Commission, authority to require sex offender registration of juvenile upon release

GA-0773
Greg Abbott

Cash bail bond, authority of district clerk to accept assignment of to pay fines and costs

GA-0799
Greg Abbott

Discretionary authority to establish, increase, decrease, or eliminate the compensation paid \r\nto the judges serving on a juvenile board, a commissioner court has under section 152.0034(b) of the Human Resources Code

GA-0824
Greg Abbott

Investigator appointed by county probate judge is covered by the Tarrant County civil service system|Investigator appointed by county probate judge is covered by the Tarrant County civil service system

GA-0840
Greg Abbott

Visiting statutory county court judge not barred from simultaneously serving as county director of Judicial Support Services|Director of Judicial Support Services for county, visiting statutory county court judge not barred from simultaneously serving as|Visiting statutory county court judge and county director of Judicial Support Services, individual not barred from simultaneously holding both positions of

GA-0841
Greg Abbott

Compensated, part-time, municipal judge, article XVI, section 40 of Texas Constitution prohibits a commissioner of a drainage district from simultaneously serving as a|Texas Constitution, article XVI, section 40, prohibits a compensated, part-time, municipal judge from simultaneously serving as a commissioner of a drainage district|Commissioner of a drainage district, article XVI, section 40 of Texas Constitution prohibits a compensated, part-time, municipal judge from simultaneously serving as a

GA-0855
Greg Abbott

Emergency medical treatment of a local jail detainee, Texas Health and Safety Code section 773.008(2) does not, independent of any other statutory authority or procedure, authorize a court to order emergency medical treatment of a local jail detainee

GA-0875
Greg Abbott

Money allocated from the state judicial fund into a county’s contributions fund must be used only for court-related purposes for the support of the statutory probate courts in the county|A county may not reduce the amount of funds provided for the support of the statutory probate courts in the county because of the availability of funds from the county’s contributions fund|Allocated judicial funds, a county may not use the allocated judicial funds contrary to the requirements established by statute

GA-0888
Greg Abbott

Expenses of nonresident witness in criminal proceeding, authority of prosecutor to advance without preapproval of the presiding judge

GA-0891
Greg Abbott

Government Code sections 25.0862 and 25.0023, salaries paid to Galveston County Court at Law judges and the Galveston County Statutory Probate Court are not required to equal the amount paid to the local administrative district judge under|Commissioners court may have discretion to provide the local administrative probate judge additional county funds by reason of her designation to that position, but no statute requires her to receive additional compensation beyond that required under Government Code section 25.0023(a)

GA-0912
Greg Abbott

Although no statute prohibits an interlocal agreement between a school district and a county whereby attendance officers employed by the district would simultaneously serve as juvenile court coordinators in the justice of the peace courts, the propriety of such an arrangement should be addressed to the State Commission on Judicial Conduct

GA-0948
Greg Abbott

Conduct a marriage ceremony, Family Code section 2.202(a)(4) does not authorize a retired federal judge to

GA-0952
Greg Abbott

County Court at Law official court reporter, authority to set the salary and hours of work

GA-0960
Greg Abbott

Cash bail bond, a county is not entitled to deduct a fee for accounting and administrative expense from the return of a

GA-0974
Greg Abbott

Homestead exemption, federal and state judges and their spouses who are allowed to omit residence address on their drivers license and substitute street address of courthouse where judge serves may present personal identification certificate with residence address to apply for

GA-0979
Greg Abbott

Obtain confidential documents of State Commission on Judicial Conduct or attend its confidential proceedings, Sunset Advisory Commission’s authority to

GA-0982
Greg Abbott

Marriage ceremony in Texas, senior status federal judge meeting the requirements of 28 U.S.C.A. § 371 is authorized to conduct a

GA-0986
Greg Abbott

Guilty plea, inclusion of in pretrial diversion agreement, this office cannot advise on given lack of definitive guidance on the matter

GA-0991
Greg Abbott

District judge does not have authority to order director of community supervisions and corrections department who does not supervise defendants placed on community supervision to personally conduct a presentence investigation report|District judge is not authorized to require a particular supervision officer in a community supervision department to prepare a presentence investigation report|District judge does not have authority to order director of a community supervisions and corrections department who does not supervise defendants to personally appear in court to present the ordered presentence investigation report|Presentence investigation report. A district judge is not authorized to require a particular supervision officer in a community supervision department to prepare a|Presentence investigation report. A district judge does not have authority to order the director of a community supervisions and corrections department who does not supervise defendants placed on community supervision to personally conduct a|Presentence investigation report. A district judge does not have authority to order a director of a community supervisions and corrections department who does not supervise defendants to personally appear in court to present the ordered|A director of a community supervisions and corrections department who does not supervise defendants to personally appear in court to present the ordered presentence investigation report. A district judge does not have authority to order

GA-0992
Greg Abbott

Prosecutors should always take care that their handling of evidence in criminal cases comports with constitutional requirements|No statute or common-law cause of action, or any other legal authority of which we are aware empowers a court to order the destruction of evidence related to misdemeanor cases over which the court otherwise lacks jurisdiction|A court likely lacks authority to order the destruction of blood evidence related to misdemeanor cases that have been finally resolved

GA-0993
Greg Abbott

Admonish arrestee, Code of Criminal Procedure article 15.17, duty of magistrate as required by, is a mandatory duty|Admonishments, right to receive from a magistrate under Code of Criminal Procedure article 15.17, may be waived by arrested person pursuant to Code of Criminal Procedure article 1.14(a) if done plainly, freely and intelligently|Admonishments, right to receive from a magistrate under Code of Criminal Procedure article 15.17, may be waived by arrested person pursuant to Code of Criminal Procedure article 1.14(a) if done plainly, freely, and intelligently

GA-0995
Greg Abbott

State Bar of Texas is an administrative agency of the judicial department that aids the Texas Supreme Court in the court\\'s regulation of the practice of law in Texas|Government Code section 81.019 pertains to the election of officers to the Texas State Bar Board of Directors|Government Code subsection 81.019(c) is not an exception to State Bar of Texas election rules or its Board\\'s policies, but rather is a specific legislative requirement as to what the \\"election rules must permit\\"|Government Code subsection 81.019(c) does not exempt president-elect write-in candidates from State Bar election rules and Board policies|Enforceability of sections 2.01.04 and 2.01.05 of Texas State Bar Board of Director\\'s Policy Manual relating to Board eligibility requirements|Sitting members of Texas State Bar Board of Directors are precluded from being nominated for president-elect under Board policy|Texas State Bar rule article IV, section 11(B) does not prohibit sitting Board members from being nominated for president-elect by petition|To the extent that Texas State Bar Board of Directors\\' policies conflict with State Bar rules or statutes regarding eligibility of certain members to stand for election for president-elect, such policies are unenforceable|State Bar of Texas, Texas Supreme Court exercises administrative control over and promulgates rules which govern the State Bar|State Bar of Texas board of directors is the governing and policy-making body within the State Bar. To the extent that State Bar board of directors policies conflict with State Bar rules or statutes regarding eligibility of certain members to stand for election for president-elect, such policies are unenforceable|Supreme Court of Texas exercises administrative control over and promulgates rules which govern the Texas State Bar

GA-1000
Greg Abbott

Article II, section 1 of the Texas Constitution separates the powers of Texas government into the legislative, executive, and judicial branches|A court would likely hold that a judge\\'s award of diligent participation credit under Code of Criminal Procedure subsection 15(h)(6) does not interfere with an expressly granted executive power and thus does not violate article II, section 1|Code of Criminal Procedure subsection 15(h)(6) gives the judge of the sentencing court the discretion, if the defendant satisfies certain conditions, to shorten the time a defendant is required to serve in a state felony facility by up to twenty percent|In order to receive diligent participation credit under Code of Criminal Procedure subsec. 15(h)6), a defendant must first \\"diligently participate\\" in one of the specified types of rehabilitative programs. Only then may the judge award commutation. The statute does not permit or require the judge to give credit that has not first been earned.|Code of Criminal Procedure subsection 15(h)(6) gives the judge of the sentencing court the discretion, if the defendant satisfies certain conditions, to shorten the time a defendant is required to serve in a state jail felony facility by up to twenty percent.|Diligent participation credits shorten a defendant's required term of confinement, effectively imposing a less severe sentence.| A statute that required a judge to resentence a defendant in a manner that resulted in a shorter sentence was held to be an unconstitutional extension by the Legislature of commutation \\"as a mere gift or a matter of clemency\\" because the defendant could receive a reduced sentence simply by filing a motion.|The Court of Criminal Appeals upheld the constitutionality of a statute that granted commutation only after a convict, \\"by his own good conduct, had earned it.\\"|Under Texas Code of Criminal Procedure subsection 15(h)(6), a defendant must first \\"diligently participate\\" in one of the specified types of rehabilitative program in order to be entitled to diligent participation credit.

GA-1005
Greg Abbott

The article XVI, section 40 prohibition against dual office holding does not apply to the office of justice of the peace|To the extent that a sitting justice of the peace holds dual offices by also serving as a temporary justice under Government Code section 27.055, a court would likely conclude that doing so is constitutional under the exception provided in article XVI, section 40|Government Code section 27.055 authorizes a county judge to appoint \\"a qualified person\\" to serve as a temporary justice of the peace, which denotes one, unspecified individual, not the simultaneous appointment of multiple justices|Government Code section 27.055 does not permit a county judge to appoint an \\"at large\\" temporary justice before the need arises|A sitting justice of the peace who meets the definition of a \\"qualified person\\" may serve as a temporary justice of the peace under Government Code section 27.055 in place of a regular justice of the peace in the same county|The compensation of a regular justice of the peace is set by the commissioners court each year under Local Government Code chapter 152

GA-1007
Greg Abbott

Subdivision, a county may regulate as, the partition of land for a residential development in the unincorporated portion of the county under chapter 232 of the Local Government Code regardless of whether there has been a transfer of title to individual tracks|Subdivision, a county may generally regulate as, the partition of land for a residential development in the unincorporated portion of the county under chapter 232 of the Local Government Code regardless of whether there has been a transfer of title to individual tracks

GA-1017
Greg Abbott

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 files|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-1021
Greg Abbott

Code of Criminal Procedure articles 17.16 and 17.19, after a person makes bail but before a formal charging instrument is filed in the county, county court-at-law or district court, prosecution is pending before the magistrate who properly received a complaint against the accused under

GA-1023
Greg Abbott

District court reporter, employment status of, is context-specific and cannot be determined for all purposes|District court reporter, district judge who appoints an official district court reporter has the sole authority to terminate|District court reporter, county has no authority to influence or direct the employment of

GA-1030
Greg Abbott

Government Code chapter 27 and Occupations Code chapter 1702, neither prohibits a justice of the peace from serving as a court-appointed investigator to represent an indigent defendant in a felony case|A court-appointed investigator does not hold a \\"civil office\\" under Texas Constitution article 16, section 40 and is not an \\"officer\\" as that term is defined for purposes of the common-law incompatibility doctrine

GA-1032
Greg Abbott

Bailiff position, the Legislature has not authorized the creation of an additional bailiff position for the 105th District Court|Additional staff - if the 105th District Court determines that additional staff is needed to aid court in the exercise of its judicial functions, Court may rely on Government Code section 74.103 and inherent power to appoint necessary personnel other than a bailiff|Bailiff position, the Legislature has not authorized the creation of an additional bailiff position for the 105th District Court.|Additional staff - if the 105th District Court determines it needs additional staff to aid in the exercise of its judicial functions, Court may rely on Government Code section 74.103 and inherent power to appoint necessary personnel other than a bailiff.

GA-1034
Greg Abbott

Ex post facto prohibitions, Texas Government Code section 51.608 authorizes assessing nonpunitive court costs based on statutes existing on the date of conviction and therefore does not violate ex post facto prohibitions in the United States and Texas Constitutions

GA-1035
Greg Abbott

Confidentiality of records in juvenile misdemeanor cases and interpretation of the \\"confidentiality statutes\\": Texas Code of Criminal Procedure articles 44.2811 and 45.0217, and Family Code section 58.00711. Amendments of the Eighty-third Legislature do not render confidentiality statutes irreconcilable.

GA-1039
Greg Abbott

Pretrial intervention program funds collected pursuant to Code of Criminal Procedure article 102.0121 - expenditures must be made in accordance with a budget approved by the commissioners court and must relate to a defendant\\'s participation in or to administration of the program|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.|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.|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.|County attorneys, criminal district attorneys and 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-1042
Greg Abbott

Nothing in Government Code section 25.0005 indicates that it is not fully applicable to counties served by multi-county judicial districts; thus, the phrase \\"total annual salary received by a district judge in the county\\" includes salaries received by district judges serving in in multi-district counties.|Nothing in Government Code section 25.0005 indicates that it is not fully applicable to counties served by multi-county judicial districts; thus, the phrase \\"total annual salary received by a district judge in the county\\" includes salaries received by district judges that serve multi-county districts.|Calculation of the minimum salary of a county court at law judge under Government Code section 25.0005|Government Code subsection 25.0005(a) does not limit the \\"total annual salary\\" of a statutory county court judge to include only contributions and supplements received by a district judge from the county in which the statutory county court judge serves.

GA-1044
Greg Abbott

Filing fee, justice court authority to charge a fee for filing a petition applying for an occupational driver\\'s license

GA-1046
Greg Abbott

Government Code section 51.851 authorizes the clerk of certain courts to collect a $20 fee on the filing, including electronic filing, of any civil action or proceeding requiring a filing fee, including an appeal and certain other filings|The fee amounts mandated by Government Code section 51.851 apply to fees that became payable on or after September 1, 2013

GA-1053
Greg Abbott

Justice of the peace, a court would likely conclude that a J.P. is not a \\"judge of a court with jurisdiction in family law cases\\" for purposes of Family Code subsection 2.204(c) and thus may not grant waiver of the 72-hour waiting period after issuance of a marriage license|Seventy-two hour waiting period after issuance of a marriage license - waiver of. A court would likely conclude that a justice of the peace is not a \\"judge of a court with jurisdiction in family law cases\\" for purposes of Family Code subsection 2.204(c) and thus may not grant waiver.

GA-1055
Greg Abbott

Government Code subsection 51.607(a)directs the Comptroller to identify laws \\"that impose[] or change[] the amount of a court cost or fee.\\"|Government Code subsection 51.607(a) provides an illustrative list of the types of court costs or fees applicable under the subsection.|Under Government Code subsection 51.607(a), the phrase \\"fee or charge for services or to cover the expenses of a public official or agency\\" is not a separate category unto itself.|Government Code subsection 51.607 as a whole describes costs or fees that are judicial in nature.|Local Government Code section 118.011 sets out a county clerk\\'s fee schedule for several non-court-related fees. It permits a clerk to set and collect the Records Management Preservation Fee (RMP).|When implementing an official\\'s interpretation conflicts with the statute\\'s plain language, we cannot defer to the official\\'s view and must advise that the plain language be enforced.|Including|court cost or fee

GA-1062
Greg Abbott

Under Local Government Code section 84.021, a commissioners court must pay salaries of assistant county auditors, as properly certified by the district judges of the county|Under Local Government Code section 84.021, district judges are not required to include the names of assistant auditors in the list of appointees they certify to the county commissioners court|Under Local Government Code section 84.021, a commissioners court must pay the salaries of assistant county auditors, as properly certified by the district judges of the county

GA-1063
Greg Abbott

Article 102.005, Code of Criminal Procedure - a defendant whose conviction from a municipal court of record was affirmed at the county-court level would not be subject to the fees imposed under article 102.005 because the conviction occurred at the municipal level|Articles 42.03 and 45.041, Code of Criminal Procedure - a court may give a defendant credit only for time served from the time of arrest and confinement until sentencing by the trial court under|Article 102.011(a)(2), Code of Criminal Procedure - a court may assess a separate fee for each arrest warrant issued even when multiple warrants result in only one arrest under|Article 102.011(a)(6), Code of Criminal Procedure - a court could conclude that any commitment or release from jail after the conclusion of the case will not be a service performed in the case and that fees for those services are therefore not authorized under

GA-1093
Greg Abbott

Allowing private attorneys or vendors with whom the county has contracted pursuant to Code of Criminal Procedure article 103.0031 for collection\r\nefforts on court documents would likely fall within a court\\'s broad discretion in managing the docket

DM-0026
Dan Morales

Fee in condemnation proceedings, clerk of court may assess | Clerk of court may assess fee in condemnation proceedings

DM-0034
Dan Morales

Prospective jurors, statutory duties of district clerk with respect to selection of cannot be delegated by commissioners court or district judge to bailiff or jury administrator

DM-0049
Dan Morales

Supreme Court of Texas justice may not serve on board of directors of State Justice Institute because board member holds an office of trust under the United States for purposes of article XVI, section 12|Supreme Court of Texas justice may not serve on board of directors of State Justice Institute because board member holds an office of trust under the United States

DM-0051
Dan Morales

Pay scale differential for justices of the peace as violative of Equal Protection Clause

DM-0057
Dan Morales

Bail by telephone, justice of the peace may not set for person who has not yet appeared before a magistrate|Bail, amount must be determined on a case-by-case basis after the person has appeared before a magistrate|Case-by-case basis, after a person has appeared before a magistrate amount of bail must be determined on a|Pre-set bail bond amounts, magistrate may not by posting schedule at county jail|Set bail over the telephone, when person has not yet appeared before magistrate justice of the peace may not

DM-0058
Dan Morales

Court reporter's certification, Certification Board may not continue to consider application for filed prior to repeal of section 52.021(e) of the Government Code|Court Reporters Certification Board may not continue to consider application for certification filed prior to repeal of section 52.021(e) of the Government Code|Application for certification filed prior to repeal of section 52.021(e) of the Government Code, Board may not continue to consider

DM-0074
Dan Morales

Court reporter's salary, district judge can set at level that differs from that set by other district judges in county

DM-0079
Dan Morales

Juvenile board and chief juvenile probation officer, allocation of authority to hire and fire employees of Brazos County Juvenile Probation Department|Brazos County Juvenile Probation Department employees, allocation of hiring and firing authority between juvenile board and chief juvenile probation officer

DM-0082
Dan Morales

Theft cases involving issuance of bad check, municipal court has jurisdiction over when property or services involved is less than $20

DM-0102
Dan Morales

Contractual arrangement between certified shorthand reporter and company, whether constitutes statutory violation requiring disciplinary action is determination for Board|Shorthand reporter may contract with company to provide all of company's shorthand services requirements

DM-0109
Dan Morales

Judge, disqualification or recusal of|Disqualification from uncontested probate case in which judge has been counsel in the case|Case|Disqualification|Recusal

DM-0123
Dan Morales

Resolution requiring payment of additional amount in court costs, state provision authorizing commissioners court to adopt is unconstitutional

DM-0128
Dan Morales

Official court reporters employed in Denton County Courts at Law, the Commissioners Court of Denton County has authority to set compensation of|Compensation of official court reporters, the Commissioners Court of Denton County has authority to set when court reporter is employee in the Denton County Courts at Law|Official court reporters in the Denton County Courts at Law, Commissioners Court has authority to set compensation of

DM-0139
Dan Morales

Criminal docket, justice of the peace may maintain electronically in addition to or in lieu of printed paper media

DM-0166
Dan Morales

Fee for uncertified copy of judicial record|Uncertified copy of judicial record, fee for

DM-0174
Dan Morales

Release of judgment, clerk may not charge filing fee for services in connection with execution and preparation of

DM-0200
Dan Morales

Tardiness to class does not constitute unexcused voluntary absence and does not invoke truancy proceedings (Overruled by Court Decision, 980 S.W.2d 788)\r\n\r\n\r\n|Truancy proceeding, child has a right to counsel before justice of the peace (Overruled by Court Decision, 980 S.W.2d 788)|Truancy proceeding, juvenile court not required to hold hearing prior to waiving jurisdiction and transferring to justice of the peace (Overruled by Court Decision, 980 S.W.2d 788)\r\n\r\n|Truancy proceeding, child has right to counsel before justice of the peace (Overruled by Court Decision, 980 S.W.2d 788)|Truancy proceeding, juvenile court not required to hold hearing prior to waiving jurisdiction and transferring to justice of the peace (Overruled by Court Decision, 980 S.W.2d 788)\r\n\r\n\r\n|Tardiness to class does not constitute unexcused voluntary absence and does not invoke truancy proceedings (Overruled by Court Decision, 980 S.W.2d 788)\r\n

DM-0230
Dan Morales

Complaint against defendant who has failed to successfully complete driving safety course, whether justice of the peace may dismiss

DM-0245
Dan Morales

Interpreters in criminal cases, judge may not assess fees for costs or require payment of as condition of probation|Interpreter, judge may not assess fee on criminal defendants for cost of|Interpreter in criminal case, judge may not require fee for payment of as condition of probation

DM-0250
Dan Morales

Service of process by registered or certified mail, justice court fees for|Service of process by registered or certified mail, who may perform

DM-0257
Dan Morales

Special local entity funds, i.e., funds of district or criminal district attorney, juvenile board, or probation department, must be placed with county treasurer for deposit in county treasury|Special local entity funds, i.e., funds of district or criminal district attorney, juvenile board, or probation department, subject to auditor oversight|Funds of juvenile board or probation department must be placed with county treasurer for deposit in county treasury and are subject to county auditor oversight|Funds of district or criminal district attorney must be placed with county treasurer for deposit in county treasury and are subject to county auditor oversight

DM-0277
Dan Morales

Misdemeanor for unauthorized practice of architecture punishable by fine, complaints may be filed in justice court|Original jurisdiction over fine-only misdemeanors under article V, section 19 of Texas Constitution; statutory limitation in Code of Criminal Procedure unconstitutional|Justice of the peace court original jurisdiction over fine-only misdemeanors under article V, section 19; statutory limitation in Code of Criminal Procedure unconstitutional

DM-0283
Dan Morales

Security fee, county and district court clerks' collection of (Modified by Tex. Att'y Gen. Op. No. DM-371 (1995))|Security fee, commissioners court's authority to adopt (Modified by Tex. Att'y Gen. Op. No. DM-371 (1995))|Probate court clerk, authority to collect courthouse security fee (Modified by Tex. Att'y Gen. Op. No. DM-371 (1995))|Discharge record, county clerk may charge courthouse security fee upon filing if commissioners court has authorized collection (Modified by Tex. Att'y Gen. Op. No. DM-371 (1995))

DM-0285
Dan Morales

Overtaking and passing a school bus, whether offense of should be prosecuted in justice or county court

DM-0291
Dan Morales

Grand jury in multicounty judicial district, authority to return indictment for an offense committed in another county|Venue statutes, authority of grand jury in multicounty judicial district to return indictment for an offense committed in another county

DM-0313
Dan Morales

Arrestee taken into custody by city police officer for violation of state statute and committed to jail by magistrate, obligation of sheriff to accept|Commitment order for person accused of class A or B misdemeanor, authority of municipal judge to issue|Arrestee committed to jail by magistrate for violation of state statute, responsibility of county for cost of maintaining

DM-0320
Dan Morales

Jurisdiction of Alcoholic Beverage Code prosecutions of minors|Justice court jurisdiction of prosecution for (1) offense with nonfine sanction; (2) offense punishable by maximum fine exceeding $500|Justice court jurisdiction over prosecutions of minors under Alcoholic Beverage Code|Alcoholic beverages, justice court's jurisdiction over minor's possession of

DM-0324
Dan Morales

Deduction from salary or withholding of salary warrants not authorized from justice of the peace's employee for shortage of collections|Employee liability for shortage of collections|Liability of justice of the peace's employee for shortage of collections

DM-0337
Dan Morales

Medical coverage for district officers, authority of county to provide and phase out|Americans with Disabilities Act, application to county plan to phase out medical coverage for district officers|Medical coverage for district judges, authority of county to provide|Medical coverage for district attorney, authority of county to provide|Medical coverage for district judges, district attorneys, and county extension agents, authority of county to provide|Medical coverage for district officers, county's plan to phase out|Medical coverage for agricultural and home extension agents, authority of county to provide

DM-0342
Dan Morales

Witness fee, any person who is subpoenaed to appear and testify is entitled to regardless of the location set in the subpoena

DM-0354
Dan Morales

Death penalty habeas corpus actions, court's power to appoint counsel in|Appointment of attorneys in death penalty habeas corpus actions, court's authority|Counsel in death penalty habeas corpus action, whether trial court can request agencies and associations to procure|Obligation of independent representation, whether "appointment" by agency or association militates against|Trial court's power to appoint attorneys to represent defendant; whether association may be appointed|Court-ordered attorney fees in death penalty habeas corpus actions, county's duty to pay

DM-0358
Dan Morales

Rent action, citation must be served in compliance with rules for issuance and service of citation in ordinary civil proceedings|Forcible entry and detainer actions, rules for issuance and service of citation do not apply to suits for rent that are joined|Rent action, service of defendant according to rules in forcible entry and detainer suit does not confer personal jurisdiction in|Civil procedure rules with doubtful meaning, construe to avoid mischievous consequences and applications that would violate constitutional rights

DM-0360
Dan Morales

Filing fees payable by Railroad Commission when filing notice for well-plugging|Notice for well-plugging, filing fees payable by Railroad Commission when filing|Notice for well-plugging, filing fees payable by Commission when filing

DM-0372
Dan Morales

Teen court program, municipal court authority to impose administrative cost fee and other court costs|Court costs for teen court program, imposition does not contravene due process

DM-0377
Dan Morales

Announce|Hold over in office under article XVI, section 17, officer who resigns to run for another office continues to|Automatic resignation under article XVI, section 65, officer who resigns to run for another office continues to hold over in office until successor is appointed and qualifies for office under article XVI, section 17|Vacancy in office of judge of a statutory county court, authority to fill|Vacancy in office, authority of commissioners court to fill|Hold over in office, officer who resigns to run for another office continues to

DM-0382
Dan Morales

Service of process, collection|Service of process, collection of fees for|Service of process, permissibility of taxing fees as costs|Lending of credit, deferred collection of fees for service of process as|Lending credit|Loan of credit|Taxation of costs

DM-0392
Dan Morales

Jury room, presence of interpreter for deaf or hearing-impaired juror will not violate due process rights of criminal defendant|Americans with Disabilities Act, deaf or hearing-impaired juror must be provided with interpreter to guarantee right of access to court mandated by|Deaf or hearing-impaired juror must be provided with interpreter to guarantee right of access to court mandated by Americans with Disabilities Act

DM-0393
Dan Morales

Nunc pro tunc, inherent power of court to enter order|Pardon, eligibility for when judge sets aside conviction and dismisses charges against person on "regular" or "shock" community supervision

DM-0395
Dan Morales

Open Meetings Act applies to committee of judges involved in management of Community Supervision and Corrections Department|Judges involved in management of Community Supervision and Corrections Department, committee of is subject to Act|Special district

DM-0396
Dan Morales

Abuse of official capacity, justice of the peace who does not "immediately" deposit with county treasurer fines collected may be prosecuted|Restitution for dishonored check collected by justice of the peace need not be deposited with treasurer|Misapplication of restitution for dishonored check collected by justice of the peace, justice may be prosecuted|Fines collected by justice of the peace, justice who does not "immediately" deposit with county treasurer may be prosecuted for abuse of official capacity or removed from office|Restitution for dishonored check collected by justice of the peace, justice may be removed from office for official misconduct if misapplies|Restitution for dishonored check, justice of the peace may collect and deposit into account separate from county treasury|Restitution for dishonored check collected by justice of the peace is not county funds|Restitution for dishonored check collected by justice of the peace, auditor in county with fewer than 190,000 people may not regulate the collecting, checking, and accounting of

DM-0397
Dan Morales

Judge performing marriage for fee, whether public resources may be used in connection with|Judge's performance of a marriage is an official function|Marriage ceremony, justice may receive fee for performing|Judges, fee for performing a marriage ceremony|Honorarium

DM-0407
Dan Morales

Fees, costs, and fines received from convicted defendant placed on community supervision, trial judge's authority to allocate|Community supervision, trial judge's authority to allocate money convicted defendant must pay as fees, costs, and fines|Fees, costs, and fines received from convicted defendant placed on community supervision, clerk must allocate as trial judge orders

DM-0411
Dan Morales

Grand jury room, presence of interpreter for deaf grand juror will not violate due process rights of subject of grand jury investigation|Americans with Disabilities Act, deaf or hearing-impaired grand juror must be provided with interpreter to guarantee right of access to court mandated by|Child subject of juvenile detention hearing, deaf or hearing impaired custodial relative of who is not party or witness in proceedings is not entitled to interpreter|Deaf or hearing impaired grand juror must be provided with interpreter to guarantee right of access to court mandated by Americans with Disabilities Act

DM-0412
Dan Morales

County juvenile board, authority to provide juvenile justice alternative education program to students who have not been adjudicated delinquent by a juvenile court|County juvenile board, school district memorandum of understanding with|Student discipline, county juvenile board's authority to provide alternative education program to students who have not been adjudicated delinquent by a juvenile court

DM-0427
Dan Morales

Alcoholic beverage offenses involving minors, jurisdiction|Alcoholic beverage offenses involving minors, justice and municipal court jurisdiction|Community service in rural areas as alternative to alcohol awareness course, imposition of criminal punishment in some venues that may not be imposed in others violates due process and equal protection guarantees|Offenses, constitutionality of community service in rural areas as alternative to alcohol awareness course|Possession, consumption, and purchase by minors, justice and municipal court jurisdiction

DM-0428
Dan Morales

Appointed municipal judge may hold second appointment if doing so is "of benefit to the state"|Public office for purposes of article XVI, section 40, municipal judges holds|Simultaneous judgeships in more than one jurisdiction, authority of person to hold|Municipal judge holds "public office" for purposes of article XVI, section 40|Multiple municipal judgeships, whether holding is "of benefit to the state" is matter for legislative resolution|Of benefit to the state

DM-0439
Dan Morales

Juvenile detention facilities, county contract with private corporation for operation of may not supersede county juvenile court's authority over|Juvenile detention facilities, county juvenile court's authority over is separate from authority of juvenile board and commissioners court

DM-0449
Dan Morales

Appeal of justice court ruling, appellant who files affidavit of inability to pay costs need not pay the Rule 143a cost to perfect|Appeal bond or affidavit of inability to pay costs, appellant who files need not pay Rule 143a cost to perfect appeal|Affidavit of inability to pay, appellant who files need not pay costs requested under Rule 143a to perfect appeal|Appeal bond or affidavit of inability to pay, whether filing of excuses justice court appellant from requirements of Rule 143a|Appeal bond, appellant who files need not pay costs under Rule 143a to perfect appeal

DM-0459
Dan Morales

Bond for court costs|Security for court costs|Exemption for state from paying security for court costs in civil cases

DM-0464
Dan Morales

Time payment fee assessed once per order|Time payment fee is cost of court for purposes of priority of payment|Time payment fee applies to all constitutional county courts|Deferred adjudication, time payment fee does not apply

JC-0014
John Cornyn

Security hardware|Ejusdem generis, general words following particular terms will be limited in meaning by the particular terms under rule of|Courthouse security fund, clip-on microphones for deputy sheriffs' portable radios are not "security hardware" that commissioners court may purchase with monies from

JC-0025
John Cornyn

Jurisdiction over municipal nuisance ordinance violations that occur outside city limits|Jurisdiction of courts over violations of nuisance ordinance that occur outside city limits

JC-0031
John Cornyn

Court fees collected by district clerk, whether they constitute county funds that must be deposited in county treasury pursuant to statutory timetable is determined on fee by fee basis|District clerk court fees, whether they constitute county funds that must be deposited in county treasury pursuant to statutory timetable is determined on fee by fee basis

JC-0033
John Cornyn

County judge, practice of law by in courts of his county|Practice of law by county judge in courts of his county

JC-0047
John Cornyn

Legal fees of district judge, state not obligated to pay; county may pay if county interests are at stake|Legal fees of district judge, county may pay if county interests are at stake|District judge, state not required to pay for defense of judge who retains private counsel without prior approval of Attorney General

JC-0065
John Cornyn

Jury-service reimbursement, commissioners court may not choose to omit from the list of funds or programs to which jurors may donate the funds described in section 61.003(a)(1), (2) of the Government Code

JC-0083
John Cornyn

Inquest, county judge may not conduct|Inquest, no one but justice of the peace who serves precinct where the body was found (or temporary justice) may conduct

JC-0088
John Cornyn

Medication petition hearing, action is distinct from commitment action and may be assigned separate cause number and filing fee

JC-0098
John Cornyn

Fees and costs authorized by county commissioners court pursuant to section 51.702 of the Government Code, statutory county court may collect although collection may be declared unconstitutional by different district court or appellate court|Collection of fees and costs by statutory county courts under section 51.702 of the Government Code, county commissioner's court may authorize in accordance with decision of state district court, although collection may be declared unconstitutional by dif

JC-0102
John Cornyn

Mental health proceedings, court may delegate collection of reimbursements for costs to appropriate county officer (Clarified by Tex. Att'y Gen. Op. No. JC-0222 (2000))|Mental health proceedings, no statutory duty to collect reimbursements to which county may be entitled for costs paid by county (Clarified by Tex. Att'y Gen. Op. No. JC-0222 (2000))|Mental health proceedings, reimbursements to which county may be entitled for costs paid by county not court costs (Clarified by Tex. Att'y Gen. Op. No. JC-0222 (2000))

JC-0103
John Cornyn

Juvenile court is without jurisdiction to conduct an adjudication hearing for a person referred as a truant by a justice or municipal court if the conduct that forms the basis for the referral occurred after the person attained the age of 17

JC-0110
John Cornyn

Truancy complaint indicating need for supervision, court may compel court appearance of alleged truant and custodian by endorsing summons ordering custodian to appear and to bring alleged truant|Jurisdiction, Juvenile Court may waive exclusive jurisdiction of truancy cases on case-by-case basis or as a class|Jurisdiction to hear truancy cases, justice court has jurisdiction if juvenile court has waived its exclusive jurisdiction\r\n|Truancy complaint, court may compel appearance of alleged truant and custodian at hearing by endorsing summons ordering custodian to appear and to bring alleged truant|Truancy complaint, court may compel appearance of alleged truant and custodian at hearing by endorsing summons ordering custodian to appear and to bring alleged truant\r\n|Failure to attend, court may compel appearance of juvenile and custodian at hearing by endorsing summons ordering custodian to appear to bring juvenile

JC-0158
John Cornyn

Funds distributed to a county by the state pursuant to section 25.0016 of the Government Code, judges' salaries are a court-related purpose for the support of the judiciary for which funds may be used|Salary formula set out in section 25.0005(e) of the Government Code, county that wishes to compensate a statutory county court judge in accordance with must use at least fifty percent of the funds distributed to county pursuant to section 25.0005(e) for s

JC-0159
John Cornyn

Compensation of county court at law judges in counties collecting court costs and fees under section 51.702 of the Government Code|County court at law judges, compensation of in counties collecting court costs and fees under section 51.702 of the Government Code|Salaries of county court at law judges set annually

JC-0163
John Cornyn

Cash bail bond, section 117.055 of the Local Government Code authorizes county or district clerk to withhold administrative fee from return of funds deposited with clerk as cash bail bond|Fee may be withheld from return of funds deposited with clerk as cash bail bond

JC-0182
John Cornyn

Backpay, county court at law judges' action against county for backpay is subject to four-year statute of limitations if county raises as affirmative defense|Backpay, county court at law judges' action against county for backpay is subject to four-year statute of limitations applicable to debts|Four-year statute of limitations, county court at law judges' action against county for backpay is subject to if county raises as affirmative defense

JC-0196
John Cornyn

Salary supplement program for county court at law judges funded by collection of additional fees and court costs, county may not discontinue participation in during middle of program year

JC-0216
John Cornyn

Trustee of junior college not barred from simultaneously serving as municipal judge

JC-0222
John Cornyn

Proceedings for court-ordered mental health services conducted in Travis County, collection of costs where another county is responsible for them (Clarifies Tex. Att'y Gen. Op. No. JC-0102 (1999))|Mental health services proceeding in Travis County probate court, county clerk has duty to collect the costs listed in section 571.018 of the Health and Safety Code from the responsible county (Clarifies Tex. Att'y Gen. Op. No. JC-0102 (1999))

JC-0242
John Cornyn

Jury trial, state has no right to jury trial in juvenile proceeding

JC-0254
John Cornyn

Community supervision and corrections department employees are not county employees and may not be included in expanded county civil service system|Community supervision and corrections department employees, county may not include in its expanded civil service system|Civil service system, county may not include community supervision and corrections department employees in its

JC-0259
John Cornyn

Judgment in criminal case, court clerk may not prepare without supervision of an attorney

JC-0277
John Cornyn

Judgment nisi, municipal judge does not have discretion to waive entry in case where attorney acts as surety for client|Attorney acting as surety for a client in municipal court, judge must require evidence of the sufficiency of the security offered as provided by chapter 17 of the Code of Criminal Procedure|Bail bonds, a municipal court must require from an attorney acting as surety for a client evidence of the sufficiency of the security offered as provided by chapter 17 of the Code of Criminal Procedure|Bail bonds, municipal court must require from an attorney acting as surety for a client evidence of the sufficiency of the security offered as provided by chapter 17 of the Code of Criminal Procedure

JC-0289
John Cornyn

Civil standby statute does not confer immunity on peace officers who escort perpetrators of domestic violence to family home in compliance with directive in protective order issued by judge|Domestic violence protective orders, statutes establishing neither explicitly authorize nor directly forbid judge to include term in order directing police to escort perpetrator of domestic violence to family home for purpose of collecting personal proper

JC-0305
John Cornyn

Statutory county court-at-law supplemental salary funds, Comptroller need not pay further monthly installments to county that withdraws from program mid-year but may not transfer withdrawing county's share of year-end excess funds to other counties that p|Statutory county court-at-law supplemental salary funds, county that withdraws from program mid-year need not be paid monthly installment but is entitled to proportionate share of year-end excess funds

JC-0306
John Cornyn

Time-payment fee collected under section 51.921(a) of Government Code, the phrase "judicial officer who collected the fees" in section 51.921(d) refers to the clerk of the court|Officer of the court, a court clerk is an|Judicial officer

JC-0314
John Cornyn

Employees, district judges have nondelegable authority to finally approve appointment of community supervision and corrections department personnel (Overrules Tex. Att'y Gen. Op. No. DM-208 (1993))|Community supervision and corrections department, district judges have nondelegable authority to finally approve appointment of all personnel (Overrules Tex. Att'y Gen. Op. No. DM-208 (1993))

JC-0356
John Cornyn

Criminal jurisdiction, 406th District Court of Webb County has

JC-0358
John Cornyn

Probable cause hearing related to application for court-ordered mental health services, "presiding judge" who may appoint master for is judge of court in which application is pending|Presiding judge

JC-0361
John Cornyn

County auditor and assistant county auditors, district judges may increase salaries of even though county budget year has already begun|Salaries, district judges may increase salaries of county auditor and assistant county auditors even though county budget year has already begun

JC-0364
John Cornyn

Mental-health proceeding involving patient receiving treatment in regional facility where proceedings originated in another county, allocation of costs and jurisdiction|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" fee|Prosecutor's fee charged to county responsible for costs of mental-health proceeding, county in which mental-health hospital is located may not charge "document preparation fee" in addition to|Jurisdiction of mental-health proceeding involving patient receiving treatment in one county when detention or application proceedings originated in another county|Mental-health proceeding concerning patient in mental-health hospital in one county when another county is responsible for proceeding costs, responsible county may not be billed for document preparation fee in addition to prosecutor's fee|Attorney's fee|Prosecutor's fee

JC-0376
John Cornyn

Court-related purpose|Compensation of county court employee is "court-related purpose"|Compensation, retroactive increase in compensation for county employee is unconstitutional while prospective increase is not

JC-0404
John Cornyn

County reporter's notes, preservation of under Rules of Appellate Procedure|Closed circuit video conference for court to receive defendant's plea or waiver of a right, preservation of video recording and court reporter's notes of hearing by

JC-0405
John Cornyn

Personal information regarding jurors who have served in criminal proceeding is confidential and may not be released to anyone without order from trial court|Juror personal information in civil cases is confidential with respect to third parties but may be released to litigants in action|Jurors who have served in a criminal proceeding, statute rendering personal information confidential does not preclude provision of such information to counsel for purpose of jury selection|Jury list, clerk may not provide list to one party and withhold from other party|Jury list, in both civil and criminal actions jury list must be disclosed to parties when they announce ready for trial|Jury list, subject to direction of presiding judge the clerk may release to parties any time after list has been delivered to sheriff to summon jurors|Jury list, subject to direction of presiding judge the clerk may release list to parties any time after list has been delivered to sheriff to summon jurors

JC-0452
John Cornyn

Community supervision and corrections department, judge of a county court established under article V, section 15 of the Texas Constitution is not a judge of a statutory county court for purposes of title 2 of the Government Code and therefore is not incl

JC-0454
John Cornyn

Immunity, in event suit is brought as a result of a justice court ordering a child detained for contempt without authority to do so, county could invoke immunity with respect to state claims but could be subject to suit under federal claims|Hearing for child referred to juvenile court for contempt, hearing must be conducted as that for a child who has engaged in delinquent conduct|Contempt, justice court may not order child to be confined for a term of detention for|Non-secure detention facilities, neither status offender nor nonoffenders may be detained in

JC-0483
John Cornyn

Abolition of justice precinct by redistricting, article V, section 18(c) of Texas Constitution provides that justice of the peace will serve out full term in precinct where he or she resides|Abolition of justice precinct by redistricting, article V, section 18(c) of Texas Constitution provides that justice of the peace will serve out full term in precinct where he or she resides and justice cannot be required to resign|Justice precinct, if abolished by redistricting, article V, section 18(c) of Texas Constitution provides that justice of the peace will serve out full term in precinct where he or she resides

JC-0496
John Cornyn

Failure to regularly attend meetings of the El Paso County Bail Bond Board, commissioners court nor the bail bond board may remove members for|El Paso County Bail Bond Board, justice of the peace member should be selected by and from among eligible justices of the peace of the county by any reasonable method|Members of El Paso County Bail Bond Board, members appointed or selected by others serve at the pleasure of the appointing or selecting authority|Members of El Paso County Bail Bond Board, members who are members by virtue of their elective office serve on board for duration of their parent office|Justice of the peace appointed to serve as member of El Paso County Bail Bond Board should be selected by and from among eligible justices of the peace of the county by any reasonable method

JC-0516
John Cornyn

Collection by private vendors of debts and accounts receivable, statute authorizing is not applicable to suggested fines absent court order

JC-0519
John Cornyn

Term of office established by constitution may not be shortened by legislature|Term of office established by Texas Constitution may not be shortened by legislature

JC-0524
John Cornyn

Multi-county administrative judicial region's "salaries, compensation, and expenses," commissioners court must pay county's pro rata share and has no authority to reduce county's share or to alter the administrative judicial region's budget

JC-0542
John Cornyn

Autopsy report in custody of justice of the peace is available for inspection under section 27.004 of the Government Code|Autopsy report in custody of justice of the peace is not excepted from disclosure to the public by section 49.15(a) or (d) of the Code of Criminal Procedure

JC-0543
John Cornyn

County court judges' salaries, county that begins collecting fees and costs under section 51.702(i) of the Government Code after July 1 need not increase on September 1 under section 25.0005(a) of the Government Code|Salaries in counties that collect fees and costs under section 51.702 of the Government Code and that does not comply with section 25.0005(e) of the Government Code must be "set" at increased level under section 25.0005(a)|Salaries for statutory county court judges, county that collects fees and costs under section 51.702 of the Government Code and that does not comply with section 25.0005(e) of the Government Code must "set" at increased level under section 25.0005(a)|Set

JC-0563
John Cornyn

Appellate court employment policies and procedures, review by Texas Commission on Human Rights for compliance with Texas Human Rights Act and exaction of monetary penalty for noncompliance does not violate separation of powers provision|Separation of powers provision, constitutionality under of legislation that subjects appellate courts' employment policies and procedures to review by Texas Commission on Human Rights for compliance with Texas Human Rights Act and to monetary penalty for |Review of appellate court employment policies of by Commission for compliance with Texas Human Rights Act, separation of powers provision is not violated by

JC-0568
John Cornyn

Juror reimbursement rates, a commissioners court may set different rates based only upon the length of a juror's service

JC-0574
John Cornyn

Conflict of interest under Rules of Professional Conduct where county judge practices in courts of his or her county|Attorney conflict of interest under Rules of Professional Conduct where county judge practices in courts of his or her county

JC-0579
John Cornyn

Grand jury hearing is "criminal proceeding" for purposes of statute requiring properly trained interpreters for non-English speaking or deaf or hearing-impaired witnesses|Criminal proceeding

JC-0584
John Cornyn

Interpreters, a court clerk who merely converses with a defendant in a language other than English does not act as a court interpreter and does not commit an offense under chapter 57 of the Government Code|Interpreters, if there is no interpreter licensed to interpret in a particular language under chapter 57 of the Government Code, the appointment of an unlicensed person may be within a court's inherent power|Interpreters for defendants who do not speak English, chapter 57 of the Government Code establishes qualifications for spoken-language interpreters appointed in criminal cases under the authority of article 38.30 of the Code of Criminal Procedure|Interpreters, a county may not require a court to select an interpreter from an interpreter service under contract with the county, although a court may choose to do so|Court interpreters, a county may not require a court to select an interpreter from an interpreter service under contract with the county, although a court may choose to do so|Court interpreters, the licensing provisions of Government Code chapter 57 do not affect a court's authority under the Rules of Civil Procedure and the Civil Practice and Remedies Code to fix an interpreter's compensation and to direct how an interpreter

JM-1140
Jim Mattox

County juvenile board service compensation is part of judge's combined yearly salary from state and county sources for purposes of determining what salary may be

JM-1166
Jim Mattox

Forfeited controlled substance, district court may not release to law enforcement officer to use in sting operation|Sting operation, district court may not release forfeited controlled substance to law enforcement officer to use in|Forfeited controlled substance, law enforcement officer may not use in sting operation

JM-1202
Jim Mattox

Inquest hearing, necessity for must be determined at time of inquest; if findings are rendered at inquest as to cause of death, justice of peace may not subsequently order inquest hearing

JM-1222
Jim Mattox

Municipal warrant officers, authority of general law city to appoint uniformed warrant officers authorized to serve process and serve as bailiff for municipal court of record|Warrant division of municipal court of record, authority of general law city to appoint uniformed warrant officers authorized to serve process and serve as bailiff

JM-1244
Jim Mattox

Probate jurisdiction, statute granting district court jurisdiction of certain civil and criminal matters does not provide

KP-0270
Ken Paxton

A court likely may, without a hearing, order a defendant’s rearrest to secure the defendant’s presence at a bond-revocation hearing, based on an officer’s sworn affidavit showing probable cause that the defendant has violated bond conditions.

KP-0292
Ken Paxton

Government Code section 25.2702 authorizes the Nolan County Commissioners Court to set the salaries of the official court reporter and the court administrator for the 1st Multicounty Court at Law.

KP-0298
Ken Paxton

Government Code section 74.104 authorizes district judges to determine reasonable compensation of court coordinators, subject to approval by the commissioners courts; neither the judges nor commissioners courts have unilateral authority to set such compensation; a commissioners court may set the salaries of assistant court coordinators under Local Government Code section 152.011.

KP-0312
Ken Paxton

Hearings for court-ordered mental health services held in Kerr County pursuant to Health and Safety Code subsection 574.031(g) are likely required to be recorded by an official court reporter.

KP-0318
Ken Paxton

A court is unlikely to conclude that a judge of a court of record may appoint an official court recorder in lieu of an official court reporter.

KP-0321
Ken Paxton

Construed within the context of chapter 23, articles 23.01 and 23.04 identify the court that may issue a capias, after commitment or the posting of bail.

KP-0322
Ken Paxton

County authority to require facial coverings in courtrooms, courthouses, and county buildings can be found in in the Texas statutes, and in emergency and executive orders.

KP-0330
Ken Paxton

The Legislature has not specified a method for calculating the percentage of judicial functions performed by a county judge.  Allegations of false reporting by a county judge receiving the salary supplement under Government Code section 26.006 should be given to the State Auditor who has statutory authority to audit or investigate any entity receiving state funds.

KP-0332
Ken Paxton

A court would likely conclude that a prosecuting attorney’s investigator is not prohibited by Penal Code section 46.03 from carrying a firearm into a government court.

KP-0339
Ken Paxton

The minimum salary of a county court at law judge with twelve or more years of accrued service under subsection 25.0005(a) of the Government Code is calculated in conjunction with Government Code sections 659.012 and 659.0445.

KP-0345
Ken Paxton

A court would likely conclude that the removal of a county auditor rests within the sole discretion of the district judges, subject to judicial review.

KP-0360
Ken Paxton

County judge’s brother’s candidacy for sheriff does not violate nepotism or conflict-of-interest statutes in described circumstances

KP-0361
Ken Paxton

Constitutionality of paying a one-time bonus to administrative staff of county’s justices of the peace

KP-0382
Ken Paxton

Determination of abandonment of office by a legislator and resulting vacancy

KP-0385
Ken Paxton

Authority of district attorney to represent State in municipal court in litigation pertaining to Code of Criminal Procedure article 17.292 emergency protective order

KP-0393
Ken Paxton

Pursuant to section 418.108 of the Government Code, a county judge may declare a local state of disaster.  Local disaster powers of a county are limited by any existing state law, including any executive orders or proclamations issued by the Governor. 

The county judge may terminate a local disaster declaration at any time, and the commissioners court may prevent the extension of the declaration beyond seven days or revoke consent for its continuation thereafter.

A county judge lacks authority to declare a new disaster for the same underlying circumstances without the consent of the commissioners court following the first seven-day period. 

A surge of individuals crossing the border into the county could and has created circumstances warranting emergency action and a local disaster declaration.

A county judge lacks authority to pay bills incurred by the county out of the contingent and uncommitted fund without the commissioners court’s approval.

KP-0404
Ken Paxton

Analysis of Texas Constitution article V, section 1-a, and whether it prohibits a candidate from running for state judicial office if the candidate is 74 on the date of the election but turns 75 before the term begins

KP-0421
Ken Paxton

A court would likely define the term “retired judge” for purposes of Government Code subsection 26.023(a) by reference to its definition in Government Code subsection 74.041(6).  Under that construction, a former constitutional county judge who does not otherwise satisfy subsection 74.041(6) is not eligible to be appointed as a visiting judge under Government Code subsection 26.023(a).

KP-0429
Ken Paxton

Authority to determine software systems for county departments.

KP-0441
Ken Paxton

Simultaneous service of a magistrate appointed under Government Code chapter 54 as staff legal counsel for the appointing judge or judges and for the other appointed magistrates

AC-0002
Angela Colmenero

Who may deny bail when a defendant is charged with committing a felony while on bail for a prior offense committed in the same county.

KP-0445
Ken Paxton

Considering whether a constable’s office is a law enforcement agency subject to application of Local Government Code chapter 120

KP-0448
Ken Paxton

Under Code of Criminal Procedure article 102.017, a building in which no adjudicatory activity occurs likely does not house the operations of a district, county, or justice court.

KP-0453
Ken Paxton

Addressing the appointment of a court coordinator and support staff in a multi-county judicial district.

KP-0460
Ken Paxton

Concluding that refunds of court costs under Health and Safety Code subsection 571.018(j) are not limited by subsection 571.018(h) to costs associated with hearings and proceedings involving commitment.

KP-0462
Ken Paxton

Constitution and conflicting-loyalties incompatibility preclude a municipal judge from simultaneous serving as a constable.

KP-0464
Ken Paxton

The Mental Health Code assigns responsibility for costs associated with court-ordered mental health services. Pursuant to Health and Safety Code subsections 571.018(a) and (b), counties generally are responsible for paying filing fees for an application for court-ordered mental health services. However, subsection 571.018(i) authorizes a county to require that “a person” pay filing fees if the county first determines the fees relate to services from a private mental hospital. Under the Mental Health Code, a “person” does not include governmental entities. Accordingly, where services relate to a private mental hospital, a county may require medical facilities that are not governmental entities to pay application filing fees. 

Where a county is responsible for paying filing fees for an application for court-ordered mental health services, it need not pay such fees at the time the application is filed. However, where a county instead requires payment from a “person” pursuant to subsection 571.018(i)(1), that person must pay the fees at the time of filing.

KP-0472
Ken Paxton

Responsibility for preparation of an abstract of judgment rendered by an appellate court under certain circumstances