So our news section had this article:
"County to Hire Misdemeanor Prosecutor: $25,000"
When can a Prosecutor work 'part time' and have a private practice?
I've heard people speak of the 'Professional Prosecutors Act', but I haven't found anything of the sort around. I figure y'all must know the quick answer. Where can I go read about these sort of rules?
Also, on a related note, when does longevity/supplements kick in? and what are the requirements for an office to apply on behalf of it's felony prosecutors?
Texas Gov't Code sec. 41.252. Longevity Pay
(a) An assistant prosecutor is entitled to longevity pay if the assistant prosecutor:
(1) is a full-time employee on the last day of a state fiscal quarter;
(2) is not on leave without pay on the last day of a state fiscal quarter; and
(3) has accrued at least four years of lifetime service credit not later than the last day of the month preceding the last month of a state fiscal quarter.
(b) The district attorney, criminal district attorney, or county attorney in the county in which the assistant prosecutor is employed shall certify the eligibility of the assistant prosecutor to receive a longevity pay supplement under this subchapter.
� 41.254. Limitations on Law Practice
(a) An assistant prosecutor who receives longevity pay under this subchapter may not engage in the private practice of law if, from all funds received, the assistant prosecutor receives a salary that is equal to or more than 80 percent of the salary paid by the state to a district judge.
See also: Chapter 46, Texas Government Code.
My memory of the Professional Prosecutors Act is that an assistant can have a private practice if the assistant does not make more than 80 percent of the judges/district attorney's salary.
The Professional Prosecutors Act is Chapter 46, Government Code.....it was originally passed to give prosecutors a pay raise and encourage prosecutors to devote their full efforts to prosecution. That has been happening since passage; only 13 elected felony prosecutors have private practices today. (it's different for the county attorneys; many more of them still need private practices to make ends meet...).
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