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Can a non-elected (assistant) prosecutor hold elected office, either at the county or muni level?
 
Posts: 159 | Location: At the beach, Texas | Registered: June 12, 2001Reply With QuoteReport This Post
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I believe there is an old AG opinion saying that an ADA could not be a school board member because it constituted 2 "positions of emolument" under the Constitution. I had understood emolument to require a paid position but the AG ruled that it had to do with responsibility. That is simply my memory and I would check the AG website.
 
Posts: 26 | Registered: January 19, 2001Reply With QuoteReport This Post
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Check article 16, section 40 of the constitution as a starting point....
 
Posts: 273 | Registered: January 19, 2001Reply With QuoteReport This Post
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Thanks for the responses, I did check for AG opinions, found one directly on point as to the elected DA being prohibited, because of the DA's obligation to investigate and prosecute members of the school board. Of course, it was only a "letter opinion" and it was a "DM". Do those count any more?
 
Posts: 159 | Location: At the beach, Texas | Registered: June 12, 2001Reply With QuoteReport This Post
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As the holder of an appointive office of a political subdivision of the state (a special district), it is my belief that I could hold an elective office that did not conflict with the duties of my present office(particularly one for which my service would not be compensated). "Any constitutional or statutory provision that restricts the right to hold public office is to be strictly construed in favor of eligibility." Dawkins v. Meyer, 825 S.W.2d 444, 448 (Tex.1992); Willis v. Potts, 377 S.W.2d 622, 623 (Tex.1964). But, it may be accurate to say my current position is incompatible with holding many other offices. See Atty.Gen.Op. GA-0015 (2003). It would not appear the fact that was I appointed rather than elected to possess the powers I currently exercise would make any difference under this doctrine. But, surprise! "The doctrine of incompatibility of office has never been applied where one position is an office and the other is mere employment". LO 94-045. So, I still say, "yes, I can be a city alderman or school board member or similar public servant and keep my current employment" (as long as my employer and the voters agree with me).
 
Posts: 2347 | Registered: February 07, 2001Reply With QuoteReport This Post
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For those of you wondering, see AG Op. JC-0430 (2001) for the prohibition on legislator-assistant prosecutor. Opinion
 
Posts: 2133 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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Could then the ass't DA as appointed county official also take on the duties (non-remunerated) of a city councilman? Even if only appointed for an unexpired term and not getting paid, is there a conflict?

Seems like there is no agreement on this.

As a practical matter, our duties would require us to handle just about any investigation of anybody in our jurisdictions. How can we refrain from being connected to all the other people in our county?
 
Posts: 124 | Location: West Texas | Registered: June 25, 2003Reply With QuoteReport This Post
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Unless Bob Gage has changed since I knew him, I would assume that he would object to you working outside the office. Isn't that what got George Robinson in trouble?
 
Posts: 38 | Location: Brownsville, Tx, USA | Registered: March 04, 2003Reply With QuoteReport This Post
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I think you are probably right on as to George, however Bob has mellowed tremendously in recent years, hardly ever threatens to fire me anymore. Reading this month's Texas Monthly article on Bob Bullock's managerial style was eerily familiar.
 
Posts: 159 | Location: At the beach, Texas | Registered: June 12, 2001Reply With QuoteReport This Post
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