Honorable R. L. Lattimore Opinion No. C- 418
Criminal District Attorney
Hidalgo County Re: Whether Hidalgo County can pay an
Edinburg, Texas attorney appointed by the court to
represent indigent defendants in
Dear Mr. Lattimore: misdemeanor cases.
You have requested an opinion of this office regarding the above
question.
The Commissioners Court is a court of limited jurisdiction and has only
such powers as are conferred upon it by the statutes and Constitution of this
State, whether by express terms or by necessary implication. Section 18,
Article V, Constitution of Texas; Article 2351, Vernon’s Civil Statutes; Bland
~Orr, 90 Tex. 492, 39 S.W. 558 (1897); Mills vs Lamzns County, 90 Tex.
603% S.W. 403 (1897); Anderson
--- v. Wood,?%%%, 152 S.W.2d 1084
(1941); Canales
--- vs. Laughlin, 147 Tex. 169, 214 S.W.Zd 451 (1948);sarr County
vs. Guerra, 297 S.W.2d 379 (Tex.Civ.App. 1956); Van Rosenberg v. Lovett,
173 S.W. 508 (Civ.App. 1915, error ref.).
Article 494a, Section 1, Vernon’s Code of Criminal Procedure, provides
for payment to counsel appointed by the court to represent indigent defendants
in felony cases. No authority is found in the law of this State authorizing
payment to attorneys appointed by the court to represent indigent defendants
in -misdemeanor cases.
SUMMARY
Hidalgo County cannot pay attorneys appointed to
represent indigent defendants in misdemeanor
cases.
Yours very truly,
REO:sss Assistant
-1972-
Hon. R. L. Lattimore, page 2 (C-418)
APPROVED:
OPINION CO&fMITTEE
W. V. Geppert, Chairman
John Reeves
Milton Richardson
Sam Kelley
Brady Coleman
APPROVEDFOR THEATTORNEYGENERAL
BY: Stanton Stone
-1973-