The Attorney General of Texas
.“M MAlTOX December 31, 1984
:torney General
Bonorsble Frsnk Blsrclk Opinion lo. JU-287
Cttiinsl District Att~xney
Wslker County Courtbourc &A: Whether s state legislator
1100 University Avenue msy be compensated AA court-
Buntsville, Texas 77340 sppointed counsel under article
26.055 of the Code of Criminsl
Procedure under certsin circus
I4 J4ckwM. Suit4 700 stsnees
usllss. TX. 751024506
2w742a44
Desr Mr. Blsrek:
4S24Alberle Avs.. SUIN 160 Pou hsve requested our opinion ss to whether s state lenislstor
El PIso. lx. 7wos2795 msy be compensated ,III court-&pointed counsel under article G.055 of
lY5333484 the Code of Criminsl Procedure. Thst ststute provides, in pertinent
psrt:
10011*x**. SUIU 700
lourlon. lx. 77001.3111 Sectlolr 1. A county in which s fseility of the
lY22SYS4 Texss Deps,rtmt of Corrections is located shall
psy from its general fund only the first $250 of
the sggrqpte M slloved snd swsrded by the court
OS Brosdwry. Sultr 312
.ubtock.TX. 704Old479
for sttomeys’ feee, investigation, and expert
ean47.5230 testimny ,under Article 26.05 tousrd defending A
prieoner cctitted to thst fscility who is being
prosecuted for sn offense comitted in thst county
l3t4 N. Tenth. Suila S
while in the custody of the department if the
McAllen. lx. 7ScQl-1085
512mS24S47 prisoner was originslly ctitted for an offense
committed :Ln another county.
200 Maln Plus. Suit0 400 Sec. 2. If the fees svsrded for court-
San Antonlo. TX. 782052797
appointed counsel in A csse covered by Section 1
~l2l22s4lol
of this rwticle exceed $250. the court rhsll
certify the amount in excess of $250 to the
4n Equal Owxtunit~l Comptroller of Public Accounts of the Stste of
Alllrmrllw AslIon Employrr Texsr . Ihe couptroller ohs11 issue s vsrrsnt to
the court-sppointed counsel in the smount
certified to the comptroller by the court.
Crsig A. Wsshington. vho is st present s member of the Texas
Senste, sccepted qpointment in 1981 se counsel to represent A
defendant who VAS Lndicted for murder of s prison guard while the
defendant vss incazctrsted in the Texas Department of Corrections. By
order .of July 17. ‘L984. Dlotrict Judge Darrell Rester directed Walker
kaoreble trek Blarak - ?aBe :! W-287)
County And the ntste of Texsr to pay to Senator Wsshiugton “the sum of
$50.000.00 Ss sttorney’s ft~ce snd incurred costs” in the criminal
ACtiocl. gy supplements1 ordm deted September 19, 1905, Judge Rester
directed WSlker County sad t’h#s ltete to psy an SdditiouSl $10,054.52
to gerutor Ueshington “for reSsoruble sod necessary expenses end
coete.”
Governor Hark White Approved s grant to WSlker County for $SO,OOO
for the purpose of coupenssting Senator WSshington for his legs1
services. BecSuse of this grSnt. the comptroller her refused to pey
Senator WAShington SA directed by the court Snd her &vised him to
collect these funds frm WslIzr County.
In Attorney Generel Optirion O-1847 (1940). this office VAS asked
by the county Attorney of Webb County to hold that S county judge bed
exceeded his Authority in mfusing to perform e ststutory duty on
constitutions1 grounds. In response, the Sttorney general declared:
It is not vithin the proper scope of the functions
of this departant to serve as S qruei sppallAte
tribunal for the correction of vhet sre conceived
to be errors comsltted by the courts of this
state. The method for reviewing sad correcting
such errors does n.ot lie in en eppeS1 to this
department for an opinion upon A disputed
question, hut in action by the proper revieving
tribunel.
The two orders of Judge! Bester have directed the state of Texas
and Wslker COunty to pay e s~pSCffiC sum of money. These orders are
subject, of course, to Sppellste revieu in the courts, And collstersl
litigation is possible. As e metter of policy, this office will not
exercise its quSsi-judiciS1 !Function to render opinions when mncters
are in litigation before the courte or have been definitively resolved
through judieiel Action. Accordingly, we respectfully decline to
sddress your request for en opinion on this metter.
The policy of this office is not to detetuine
the validity of the payment of attorneys fees when
this mettar is rho subject of edjudicetion in the
cuurts. e
JIM UATTOX
Attorney General of Texas
D. 1275
. .
II
Ronoreble Frank Bleeek - ?eBe 3 (JmBy)
T(M GREEN
Pirst Assistent Attorney Cenrrel
DAVID R. RICHAltDS
Bxecutive Assistent Attorney G:enerel
RICK GILPIN
Chairmen, Opinion Comittee
Prepared by Rick Gilpin
Aseistsnt Attorney General
APPR0vED:
OPINIONCOMITTEE
Rick Gilpin, Chairman
Jon Bible
Susan Garrison
Tony Guillory
Jim Modlinger
Jennifer Riggs
Nancy Sutton