March 31, 1971 

Honorable W. 0. Williams 

County Auditor 

Grayson County Courthouse 

Sherman, Texas 

Dear Mr. Williams: 

Opinion No.~M-823 

Re: Authority of Commissioners' 

Court to employ and pay an 

attorney for a grand jury 

to make 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’s duties will be to make.an 

investigation of the offices of the County, particulary the offices.of County Attorney and Judge of 

the County Court at Law, to ascertain why more criminal cases are not being prosecuted in Grayson County?" 

It was stated in Stovall v. Shivers, 103 S.W.Zd 363 (Tex 

Comm.App. 19371, that mommissioners' Court is 

to transact the business, protect the interests, and promote 

the welfare of the county as a whole". 

These are broad and sweeping responsibilities and commensurate powers to carry out such responsibilities must be implied 

from the statutes. 

The Commissioners' Court may employ an attorney to assist 

in the prosecution of claims and suits and may 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. 

-3986- 
Honorable W. 0. Williams, page 2 (M-823) 

2d 775 (Tex.Civ.App. 1894) the Court held that county commissioners had 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 . . .The powers of the county commissioners are 

defined by law, and it is an elementary principle 

that they have implied authority to do what may be 

necessary in the exercise of the duties or powers 

conferred on them. . . ,I' (at p. 776) 

It should be understood that in order for the commissioners ' court to so employ an attorney, the matters involved 

must be those which the grand jury is lawfully authorized to 

investigate and 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 legitimate purpose for 

the employment of the attorney mentioned and that the grand 

jury is investigating possible violations of the laws of this 

state. 

A grand jury in Texas, under Article 20.09, Texas Code of 

Criminal Procedure (Vernon 19651, is empowered as follows: 

"The grand jury shall inquire into all offenses 

liable to indictment of which any member may have 

knowledge, or of which they shall be informed by 

the attorney representing the State, or any other 

credible person." 

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 

summoning witnesses 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 contemplated by your request would certainly be a "credible 

person" to give the grand jury information as stated in Article 

20.09, Code of Criminal Procedure. Under Article 20.03 of this 

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Honorable W. 0. Williams, page 3 (M-823) 

Code the presence of this person before the grand jury is prohibited 

of 

In 

I, . . .when they 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 investigate and 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 

Max Hamilton 

Charles Parrett 

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Honorable W. 0. Williams, page 4 

MElADE F. GRIFFIN 

Staff Legal Assistant 

ALFRED WALXER 

Executive Assistant 

(M-823) 

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