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Game wardens sometimes encounter boats and jet skis where the hull ID number has been altered or removed. If the boat is seized, but there is not enough evidence to file a theft charge, the officer then sets up a property disposition hearing per CCP Art. 47.01A, usually in JP court.
It seems the JPs typically don't mind the officer presenting the case himself, but the county judges expect the officer to have legal representation if there is a hearing in county court. Sometimes the county attorney (or criminal DA, as the case may be), will not provide representation at the hearing on the grounds that the property disposition hearing is a civil matter.

In these hearings, jurisdiction of the court is based solely on jurisdiction as a criminal magistrate, and not jurisdiction as a civil court (CCP Art. 47.01A (a)). So isn't this a criminal proceeding, and doesn't the county attorney have a statutory duty to represent the state per CCP Art. 2.02?

You have probably guessed why I am asking: The game wardens have a legal staff (yours truly), but it is not practical for me to handle these because they pop up all over the state.

I would like to hear any thoughts the learned personages on this board might have.
 
Posts: 245 | Location: Austin, Texas | Registered: July 08, 2003Reply With QuoteReport This Post
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AG typically represents State agencies in non-criminal actions unless a statute, rule, or prior authorization allows agency counsel or another attorney to represent the State.
 
Posts: 2137 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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Agreed. However, my point is that I believe these proceedings are criminal in nature, not civil.
 
Posts: 245 | Location: Austin, Texas | Registered: July 08, 2003Reply With QuoteReport This Post
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But, doesn't the language of 47.01A indicate it is not a criminal proceeding--"If a criminal proceeding is not pending . . ." I'm not sure how this is done in our county. It is probably victim driven. I imagine that, if the JP's have a question, they ask one of our folks to get with the officers that seized the property. I know folks have had difficulties in this area, and the related area of obtaining their stolen property from pawn shops, over the years.
 
Posts: 2137 | Location: McKinney, Texas, USA | Registered: February 15, 2001Reply With QuoteReport This Post
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