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Texas Constitution:Article V, Section 21 (view source)
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As adopted in 1876, this section read: "A county attorney, for counties in which there is not a resident criminal district attorney, shall be elected by the qualified voters of each county, who shall be commissioned by the governor, and hold his office for the term of two years. In case of vacancy the Commissioners' Court of the county shall have power to appoint a county attorney until the next general election. The county attorneys shall represent the State in all cases in the District and inferior courts in their respective counties, but if any county shall be included in a district in which there shall be a district attorney, the respective duties of district attorneys and county attorneys shall in such counties by regulated by the Legislature. The Legislature may provide for the election of district attorneys in such districts, as may be deemed necessary, and make provision for the compensation of district attorneys, and county attorneys; ''provided'', district attorneys shall receive an annual salary of five hundred dollars to be paid by the State, and such fees commissions and perquisites as may be prescribed by law. County attorneys shall receive as compensation only such fees, commissions and perquisites as may be prescribed by law." It has been amended | As adopted in 1876, this section read: "A county attorney, for counties in which there is not a resident criminal district attorney, shall be elected by the qualified voters of each county, who shall be commissioned by the governor, and hold his office for the term of two years. In case of vacancy the Commissioners' Court of the county shall have power to appoint a county attorney until the next general election. The county attorneys shall represent the State in all cases in the District and inferior courts in their respective counties, but if any county shall be included in a district in which there shall be a district attorney, the respective duties of district attorneys and county attorneys shall in such counties by regulated by the Legislature. The Legislature may provide for the election of district attorneys in such districts, as may be deemed necessary, and make provision for the compensation of district attorneys, and county attorneys; ''provided'', district attorneys shall receive an annual salary of five hundred dollars to be paid by the State, and such fees commissions and perquisites as may be prescribed by law. County attorneys shall receive as compensation only such fees, commissions and perquisites as may be prescribed by law." It has been amended once. | ||
Whether the Attorney General (see Article IV, Section [[Texas Constitution:Article IV, Section 22|22]]) or the various county and district attorneys are required to represent the state in certain cases has been the subject of several Supreme Court and Court of Criminal Appeals decisions. | Whether the Attorney General (see Article IV, Section [[Texas Constitution:Article IV, Section 22|22]]) or the various county and district attorneys are required to represent the state in certain cases has been the subject of several Supreme Court and Court of Criminal Appeals decisions. | ||
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* ''Brady v. Brooks'', 89 S.W. 1052, [https://cite.case.law/pdf/2267640/Brady%20v.%20Brooks,%2099%20Tex.%20366%20(1905).pdf#page=13 1056] (Tex. 1905) ("To discover what was intended by section 21 of article 5, construed in the light of section 22 of article 4, we must look . . . . Is it reasonable to suppose that it was the purpose to entrust absolutely the important function of representing the state as an attorney in all cases in which the state should be a party to the numerous county attorneys or to the district attorneys, should the Legislature see fit to create that office for certain districts, elected, as the case might be, in their respective counties or districts, or to a general state officer, like the Attorney General, elected by the people of the whole state? To ask the question is to answer it.") | * ''Brady v. Brooks'', 89 S.W. 1052, [https://cite.case.law/pdf/2267640/Brady%20v.%20Brooks,%2099%20Tex.%20366%20(1905).pdf#page=13 1056] (Tex. 1905) ("To discover what was intended by section 21 of article 5, construed in the light of section 22 of article 4, we must look . . . . Is it reasonable to suppose that it was the purpose to entrust absolutely the important function of representing the state as an attorney in all cases in which the state should be a party to the numerous county attorneys or to the district attorneys, should the Legislature see fit to create that office for certain districts, elected, as the case might be, in their respective counties or districts, or to a general state officer, like the Attorney General, elected by the people of the whole state? To ask the question is to answer it.") | ||
* ''State v. Moore'', 57 Tex. 307, [https://texaslegalguide.com/images/ | * ''State v. Moore'', 57 Tex. 307, [https://texaslegalguide.com/images/057_Tex_307.pdf#page=6 312] (1882) ("[W]e have no doubt that the attorney general might prosecute, in connection with the proper district or county attorney, such suits as are therein provided for; such action upon his part, however, could not control the right of a county or district attorney to such fees as may be provided by law for such officers in such cases, nor deprive them of their freedom and independence of action as to method of managing and conducting the case, further than he may do so by advisory methods, unless the legislature has the power to impose upon him the powers which the constitution expressly confers upon county and district attorneys.") | ||
* ''Spencer v. Galveston County'', 56 Tex. 384, [https://cite.case.law/pdf/2179555/Spencer%20v.%20Galveston%20County,%2056%20Tex.%20384%20(1882).pdf#page=11 394] (1882) ("In reference to the administration of the criminal laws, the several district attorneys of the state have as full power as have county attorneys, and, by conferring upon them such powers, it is to be presumed that the legislature believed it was doing all that was necessary for the public good, and that in counties where there was a resident district attorney, such counties could manage such litigation as might arise, in reference to such matters as had not been confided to district attorneys, without the aid of a public officer to represent them as attorney, by . . . . With the policy of such a course the courts have no concern.") | * ''Spencer v. Galveston County'', 56 Tex. 384, [https://cite.case.law/pdf/2179555/Spencer%20v.%20Galveston%20County,%2056%20Tex.%20384%20(1882).pdf#page=11 394] (1882) ("In reference to the administration of the criminal laws, the several district attorneys of the state have as full power as have county attorneys, and, by conferring upon them such powers, it is to be presumed that the legislature believed it was doing all that was necessary for the public good, and that in counties where there was a resident district attorney, such counties could manage such litigation as might arise, in reference to such matters as had not been confided to district attorneys, without the aid of a public officer to represent them as attorney, by . . . . With the policy of such a course the courts have no concern.") | ||