Do any of you, that also have a private practice, get appointed by your District Judge as attorney ad litem to represent Defendants cited by posting in delinquent tax cases? This either gets the taxes paid or the property sold and back on the tax rolls. Do you see any conflict in this appointment and that of your prosecutor job?
Actually, I had to withdraw as ad litem on some of these tax cases when I took the County Attorney job. Our district judge, as well as the attorneys for our appraisal district, were of the opinion that there is a conflict between the positions, as the ad litem is ultimately adverse to the county/state, as the case may be.
Cheryll - I think there is some support for taking these appointments in nearby counties (perhaps on a reciprocal basis), and there not being a conflict. I'm pretty sure there is another thread with a reference to a pretty recent AG opinion regarding representing criminal defendants in counties outside the jurisdiction of your office, but I can't seem to find it right now. Maybe one of the brighter minds can link to the reference....
Here's that recent AG opinion, if it helps. http://www.oag.state.tx.us/opinions/opinions/50abbott/op/2009/htm/ga-0716.htm
It does discuss the issue of assuming a position adverse to the State.
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