Texas Attorney General Opinion: JM-287 Page: 2 of 3
This text is part of the collection entitled: Texas Attorney General Opinions and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
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lonotable rank Ilazek - Page :1 (JM-287)
County and the state of Texas to pay to Senator Washington "the sum of
$50,000.00 as attorney's fees and incurred costs" in the criminal
action. By supplemental order dated September 19, 1984, Judge Rester
directed Walker County and t'hl state to pay an additional $10,054.32
to Senator Washington "for reasonable and necessary expenses and
costs."
Governor Mark White approved a grant to Walker County for $50,000
for the purpose of compensating Senator Washington for his legal
services. Because of this grant, the comptroller has refused to pay
Senator Washington as directed by the court and has advised his to
collect these funds from Wall.r County.
In Attorney General Opin:Lon 0-1847 (1940), this office vas asked
by the county attorney of Webb County to hold that a county judge had
exceeded his authority in refusing to perform a statutory duty on
constitutional grounds. In response, the attorney general declared:
It is not within the proper scope of the functions
of this department to serve as a quasi appellate
tribunal for the correction of what are conceived
to be errors counitted by the courts of this
state. The method for reviewing and correcting
such errors does not lie in an appeal to this
department for -an opinion upon a disputed
question, but in action by the proper reviewing
tribunal.
The two orders of Judge BRester have directed the state of Texas
and Walker County to pay a specific sum of money. These orders are
subject, of course, to appellate review in the courts, and collateral
litigation is possible. As t matter of policy, this office will not
exercise its quasi-judicial function to render opinions when matters
are in litigation before the courts or have been definitively resolved
through judicial action. Accordingly, we respectfully decline to
address your request for an opinion on this matter.
SUMMARY
The policy of tl1is office is not to determine
the validity of the payment of attorneys fees when
this matter is the subject of adjudication in the
courts.
Very ruly you
JIM MATTOX
Attorney General of TexasD. 1275
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-287, text, December 31, 1984; (https://texashistory.unt.edu/ark:/67531/metapth272727/m1/2/?q=%221984~%22: accessed August 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.