Miss Edna Cisneros 

County and District Attorney 

Willacy County Courthouse 

Raymondville, Texas 

Opinion No, C-256 

Re: Whether the Commissioners’ 

Court of Willacy County 

has the authority to compensate a special proseDear MISS Clsneros: cutor for services rendered. 

We acknowledge your request for an opinion on the above 

captioned question. Your letter indicates, that in Willacy County 

you perform the duties of both County and District Attorney and 

have no assistants. The present problem arises in that on the second trial of a murder case, you required legal assistance in the 

case because of its seriousness and the various other duties of your 

office. The special prosecutor asslsted~ you in the first trial on 

a change of venue in the county of the special prosecutor’s resldence . The question now posed is whether or not the Commissioners’ 

Court of Willacy County may compensate him for his services rendered to the county. 

The Commissioners’ Court has no power to employ an outside attorney to perform the regular duties of a County Attorney 

or to pay an outside attorney a regular salar rforming such 

duties 0 Attorney General’s Opinions Nos. o&tf~~9&; v-1377 

(1951) 0 

The employment of an outside attorney to assist the 

County and District Attorney, however, has been specifically ap; 

proved o He is usually employed for specific purposes as was the 

special prosecutor in Willacy County, and is to be pa I d from the 

General Fund of the, county. 15 Tex.Jur.2nd 386, Counties, §169. 

In Willis v. State, 90 S.W. 1100, 49 Tex.Crim. 139 (19051, 

the Court of Criminal Appeals approved the employment of private 

counsel to participate in a case in which he was familiar with the 

facts e 

In Adams ve Seaaler 112 Tex. 583, 250 S.W. 413 

the contention was advanced tiat the Commissioners’ Court 

out authority to employ private counsel, alleging th .at it -. 

County or District Attorney’s duty to prosecute suits in behalf of 

the county. The Supreme Court stated at page 413 as follows: 

(1923) 

was withwas the 

-1230- 
Miss Edna Cisneros, page 2 (c-256) 

"It is made to appear in the statement of 

the case by the Court of Civil Appeals, and 

otherwise in the record, that the commissioners' 

court employed said attorneys to assist the 

county attorney in bringing and prosecuting the 

suits, and that the county attorney joined~ in 

the suits filed. We think there can be no doubt 

that the commissioners' court, under its authority to control and manage the finances and.business affairs of the county, has power and authority to employ attorneys to assist the regularly constituted officers of the county in the 

prosecution of its claims and suits. Terre11 

v. Greene, 88 Tex. 539, 31 S.W. 631. It would 

necessarily follow that it would be authorized 

to pax for such services out of the county funds. 

. . . 

Since the special prosecutor in WillaCy County'~assisted 

you as the regular County and District Attorney, owe advise you 

that the Commissioners ' Court has the authority to compensate the 

special prosecutor for his services from the General Fund of the 

county. 

SUMMARY 

The Commissioners' Court of Willacy County 

has the authority to compensate a speclal'prosecutor hired to assist the County Attorney, such 

compensation to be paid from the General Fund of 

the county. 

Yours very truly, 

WAGGONER CARR 

FDW:wb 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Milton Richardson 

Paul PhyCharles Black 

APPROVED FOR THE ATTORNEY GENERAL 

BY: Stanton Stone 

-1231-