RQ-0729-GA
Requestor:
The Honorable Robert F. Vititow
Rains County Attorney
220 West Quitman Street
Post Office Box 1075
Emory, Texas 75440
Re: Authority of a commissioners court to remove from county right-of-way structures it deems to be a safety hazard (RQ-0729-GA)
Briefs requested by September 1, 2008
RQ-0730-GA
Requestor:
The Honorable Joe Driver
Chair, Committee on Law Enforcement
Texas House of Representatives
P.O. Box 2910
Austin, Texas 78768-2910
Re: Authority of a county attorney to issue commissions for reserve or nonpaid peace officers (RQ-0730-GA)
Briefs requested by September 4, 2008
For further information, please access the website at www.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.
TRD-200804093
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: August 5, 2008
Opinion No. GA-0650
Ms. Kathleen T. Jackson, Chair
Lower Neches Valley Authority
Post Office Box 5117
Beaumont, Texas 77726-5117
Re: Whether members of the board of directors of the Lower Neches Valley Authority may participate in the Authority's health care plan (RQ-0673-GA)
S U M M A R Y
A director of the Lower Neches Valley Authority is not eligible to participate in the Authority's health care plan.
Opinion No. GA-0651
The Honorable Billy W. Byrd
Upshur County Criminal District Attorney
405 North Titus Street
Gilmer, Texas 75644
Re: Whether a justice of the peace who is an attorney may be appointed to represent criminal defendants in appellate proceedings (RQ-0674-GA)
S U M M A R Y
Neither Government Code section 82.064 nor Code of Criminal Procedure article 26.06 prohibits a justice of the peace who is an attorney from accepting an appointment to represent an indigent criminal defendant at the appellate level, and both implicitly recognize the justice's authority to do so.
Nevertheless, the justice also is subject to the Code of Judicial Conduct and the Texas Disciplinary Rules of Professional Conduct. Whether a justice of the peace may be appointed to represent criminal defendants in appellate proceedings without violating the Code of Judicial Conduct or the Disciplinary Rules of Professional Conduct is a question requiring the resolution of fact issues and cannot be determined by this office.
For further information, please access the website at www.oag.state.tx.us or call the Opinion Committee at (512) 463-2110.
TRD-200804092
Stacey Napier
Deputy Attorney General
Office of the Attorney General
Filed: August 5, 2008