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August 13, 1971
Honorable Tom Hanna Opinion No. M-930
Criminal District Attorney
Jefferson County Courthouse Re: Can the District Attorneys
Beaumont, Texas of Orange and Jefferson
counties commission the
Regional Juvenile Legal
Services Officer as an
Aesietant District Attorney
for each of these counties
Dear Mr. Hanna:
You have requested from this office an opinion concerning
the following question:
Can the District Attorneys of Orange and
Jefferson Counties commission the Regional
Juvenile Legal Services officer as an Assistant
District Attorney for each of these counties?
You have furnished us with the following facts:
1. The Office of Regional Juvenile Services
Officer has been created by the Southeast Texas
Regional Planning Commission for the purpose of
assisting law enforcement activities within the
State.
2. This officer's salary is paid out of a
grant to the Planning Commission by the Criminal
Justice Council.
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Honorable Tom Hanna, page 2 (M-930)
3. There will be no actual expenditure of
funds by either county to this officer, who is not
technically a county employee of Orange or Jefferson
counties.
4. It is agreed between the Southeast Texas
Regional Planning Commission and the District
Attorneys of Orange and Jefferson counties that
this officer is to be commissi~oned by the District
Attorneys of each county as an Assistant District
Attorney and will handle all duties in connection
therewith at the direction of the respective
District Attorneys.
The answer to your question is in the affirmative.
We agree that a research of the statutes, and, in particular,
Articles 321 through 328, Vernon's Civil Statutes, relating to
District Attorneys, show no statutory impediment to the proposed
agreement stated above. All of the above numbered statutes
which apply to the appointment of Assistant District Attorneys
consistently require that the person appointed be a qualified
licensed attorney with authority to perform all the acts and
duties of the District Attorney at his direction, under the
laws of this State and subject to removal at his will.
Article 1581h, Sections l-8, Vernon's Civil Statutes
(H.B. No. 646, 62nd Leg., R.S. 1971, Ch. 513, p. 1751) authorizes
the necessary intergovernmental contracting to.effect such a
contractual agreement.
Under the facts set out, there is no violation of the dual
office holding provisions of Article XVI, Sections 12, 33 or 40
of the Texas Constitution, and there is no violation of Article
6252-9, Vernon's Civil Statutes, dealing with the standards
of conduct for officers and employees of State agencies,
legislators, etc., as to conflict of interests. Also, there
is no conflict of interest or duties involved or any incom-
patibility under the common law. We are of the opinion that
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Honorable Tom Hanna, page 3 (M-930)
so long as the Regional Planning Commission and the Criminal
Justice Council places no restrictions and imposes no duties
which would be in conflict with or are inconsistent with the
duties of an Assistant District Attorney of Orange and
Jefferson counties, the Regional Juvenile Legal Services Officer
may serve as an Assistant District Attorney of such counties.
SUMMARY
The District Attorneys of Orange and
Jefferson counties may commission the Regional
Juvenile Legal Services Officer as an Assistant
District Attorney for each of these counties
under the facts stated.
Prepared by Sam L. Jones, Jr.
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Melvin Corley
Jay Floyd
.
Ben Harrison
Lewis A. Jones
MEADE F. GRIFFIN
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
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