March 31,1971

HonorableW. 0. Williams CountyAuditor Grayson County Courthouse Sherman, Texas
DearMr. Williams: Opinion No.~M-823 Re: Authority of Commissioners' Court to employ and pay an attorney for a grand jury tomake investigation.
Your recent request for an opinion asks the following question:

"Can the Grayson County Cotiissioners'Court legally employ and pay an attorney for a grand jury,which lawyer’sduties will be tomake.an investigationof the **offices** of the County, particulary the offices.of CountyAttorney and Judge of the County Court at Law, to ascertainwhy more criminal cases are not being prosecuted in Grayson County?" It was stated in Stovallv. Shivers, 103 S.W.Zd 363 (Tex Comm.App. 19371, thatmommissioners' Court is to transact the business, protect the interests, and promote the welfare of the **county as**  **a** whole". These are broad and sweeping responsibilitiesand commensuratepowers to carry out such responsibilitiesmust be implied from the statutes. The Commissioners' **Court** may employ an attorney to assist in the prosecution of claims and suits andmay pay for these services out of county funds. 15 Tex.Jur.Zd 386,Counties Sec. 169; Galveston Co. v. Gresham, 220 S.W. 560 (Tex.Civ.App.1920, error ref.); Terre11 v. Greene, 88 Tex. 539, 31 S.W. 631 (1895); Attorney General's Opinions Nos. V-232 (1947);V-416 (1947); V-995 (1950);C-256 (1964)~. In City National Bank of Austin v. Presidio County, 26 S.W.

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2d 775 (Tex.Civ.App.1894) the Court held that county commissionershad not exceeded their powers in the employment of outside attorneys,and that they also had power to defray the reasonable expense thereof out of county funds. The Court said,

,I

. . .Thepowers of the county commissionersare definedby law, and it is an elementaryprinciple that they have implied authority to do what may be necessary in the exercise of the duties or powers conferredon them. . . ,I'(atp. 776) It shouldbe understood that in order for the commissioners'court to so employ an attorney, thematters involved must be thosewhich the grand jury is lawfully authorized to investigateand in which the county has a lawful interest. This office cannot determine fact questions and we must assume, for the purposes of this opinion, that the Commissioners'Court of Grayson County has a legitimatepurpose for the employmentof the attorneymentioned and that the grand jury is investigatingpossibleviolations of the laws of this state. A grand jury in Texas, underArticle 20.09,Texas Code of Criminal Procedure (Vernon19651, is empowered as follows:

"Thegrand jury shall inquire into all offenses liable to indictmentof which any **member** may have knowledge, or of which they shall be informed by the attorney representing the State, or any other credibleperson." It has been held that a grand jury is only empowered to inquire into violations of criminal laws. Alt v. State, 83 Tex.Crim. 337, 203 S.W. 53 (1918). **From** the nature of the duties of the grand jury, such as summoningwitnesses to testify and issuing attachments for witnesses, it seems clear that said grand jury has the implied power to utilize the services of an attorney. Such an attorney as is contemplatedby your requestwould certainlybe a "credible person" to give the grand jury information as stated inArticle 20.09,Code of Criminal Procedure. Under Article 20.03 of this

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Code the presence of this person before the grand jury is prohibited
of In I, . . .whenthey are discussing the propriety finding an indictment or voting upon the same.': answer to your question, the Grayson County Commissioners' Court may legally employ an attorney for a grand jury and pay him from county funds, under the foregoing conditions. SUMMARY The **Commissioners ’**  Court of Grayson County **may** legally employ an attorney for a grand jury and pay him from county funds so long as the matters involved are such as the grand jury is authorized to investigateand in which the county has a lawful interest. Very truly yours, CRAWFORD C. MARTIN Attorney General of Texas

First Assistant Prepared by Glenn R. Brown Assistant **Attorney** General **APPROVED:** OPINION COMMITTEE Xerna Taylor, Chairman W. E. Allen, Co-Chairman Fisher Tyler John Banks MaxHamilton Charles **Parrett**

**-3988-**HonorableW. 0. Williams, page 4

MElADE F. GRIFFIN Staff LegalAssistant ALFRED WALXER ExecutiveAssistant (M-823)

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