.“M MAlTOX 

:torney General 

I4 J4ckwM. Suit4 700 

usllss. TX. 751024506 

2w742a44 

4S24 Alberle Avs.. SUIN 160 

El PIso. lx. 7wos2795 

lY5333484 

1001 1*x**. SUIU 700 

lourlon. lx. 77001.3111 

lY22SYS4 

OS Brosdwry. Sultr 312 

.ubtock. TX. 704Old479 

ean47.5230 

l3t4 N. Tenth. Suila S 

McAllen. lx. 7ScQl-1085 

512mS24S47 

200 Maln Plus. Suit0 400 

San Antonlo. TX. 782052797 

~l2l22s4lol 

4n Equal Owxtunit~l 

Alllrmrllw AslIon Employrr 

The Attorney General of Texas 

December 31, 1984 

Bonorsble Frsnk Blsrclk 

Cttiinsl District Att~xney 

Wslker County Courtbourc 

1100 University Avenue 

Buntsville, Texas 77340 

Opinion lo. JU-287 

&A: Whether s state legislator 

msy be compensated AA courtsppointed counsel under article 

26.055 of the Code of Criminsl 

Procedure under certsin circus 

stsnees 

Desr Mr. Blsrek: 

Pou hsve requested our opinion ss to whether s state lenislstor 

msy be compensated ,III court-&pointed counsel under article 

the Code of Criminsl Procedure. Thst ststute provides, in 

psrt: 

Sectlolr 1. A county in which s fseility of the 

Texss Deps,rtmt of Corrections is located shall 

psy from its general fund only the first $250 of 

the sggrqpte M slloved snd swsrded by the court 

for sttomeys’ feee, investigation, and expert 

testimny ,under Article 26.05 tousrd defending A 

prieoner cctitted to thst fscility who is being 

prosecuted for sn offense comitted in thst county 

while in the custody of the department if the 

prisoner was originslly ctitted for an offense 

committed :Ln another county. 

Sec. 2. If the fees svsrded for courtappointed counsel in A csse covered by Section 1 

of this rwticle exceed $250. the court rhsll 

certify the amount in excess of $250 to the 

Comptroller of Public Accounts of the Stste of 

Texsr . Ihe couptroller ohs11 issue s vsrrsnt to 

the court-sppointed counsel in the smount 

certified to the comptroller by the court. 

G.055 of 

pertinent 

Crsig A. Wsshington. vho is st present s member of the Texas 

Senste, sccepted qpointment in 1981 se counsel to represent A 

defendant who VAS Lndicted for murder of s prison guard while the 

defendant vss incazctrsted in the Texas Department of Corrections. By 

order .of July 17. ‘L984. Dlotrict Judge Darrell Rester directed Walker 
kaoreble trek Blarak - ?aBe :! W-287) 

County And the ntste of Texsr to pay to Senator Wsshiugton “the sum of 

$50.000.00 Ss sttorney’s ft~ce snd incurred costs” in the criminal 

ACtiocl. gy supplements1 ordm deted September 19, 1905, Judge Rester 

directed WSlker County sad t’h#s l tete to psy an SdditiouSl $10,054.52 

to gerutor Ueshington “for reSsoruble sod necessary expenses end 

coete.” 

Governor Hark White Approved s grant to WSlker County for $SO,OOO 

for the purpose of coupenssting Senator WSshington for his legs1 

services. BecSuse of this grSnt. the comptroller her refused to pey 

Senator WAShington SA directed by the court Snd her &vised him to 

collect these funds frm WslIzr County. 

In Attorney Generel Optirion O-1847 (1940). this office VAS asked 

by the county Attorney of Webb County to hold that S county judge bed 

exceeded his Authority in mfusing to perform e ststutory duty on 

constitutions1 grounds. In response, the Sttorney general declared: 

It is not vithin the proper scope of the functions 

of this departant to serve as S qruei sppallAte 

tribunal for the correction of vhet sre conceived 

to be errors comsltted by the courts of this 

state. The method for reviewing sad correcting 

such errors does n.ot lie in en eppeS1 to this 

department for an opinion upon A disputed 

question, hut in action by the proper revieving 

tribunel. 

The two orders of Judge! Bester have directed the state of Texas 

and Wslker COunty to pay e s~pSCffiC sum of money. These orders are 

subject, of course, to Sppellste revieu in the courts, And collstersl 

litigation is possible. As e metter of policy, this office will not 

exercise its quSsi-judiciS1 !Function to render opinions when mncters 

are in litigation before the courte or have been definitively resolved 

through judieiel Action. Accordingly, we respectfully decline to 

sddress your request for en opinion on this metter. 

The policy of this office is not to detetuine 

the validity of the payment of attorneys fees when 

this mettar is rho subject of edjudicetion in the 

cuurts. e 

JIM UATTOX 

Attorney General of Texas 

D. 1275 
. . 

II 

Ronoreble Frank Bleeek - ?eBe 3 (JmBy) 

T(M GREEN 

Pirst Assistent Attorney Cenrrel 

DAVID R. RICHAltDS 

Bxecutive Assistent Attorney G:enerel 

RICK GILPIN 

Chairmen, Opinion Comittee 

Prepared by Rick Gilpin 

Aseistsnt Attorney General 

APPR0vED :

OPINION COMITTEE 

Rick Gilpin, Chairman 

Jon Bible 

Susan Garrison 

Tony Guillory 

Jim Modlinger 

Jennifer Riggs 

Nancy Sutton