As posted on "TDCAA News," the Lamar County Attorney is resigning. He is a county attorney with felony responsibility. It is our conclusion here at TDCAA that despite his felony status, the commissioners court still fills his vacancy until the CA-elect assumes office in January.

Anyone think we got it wrong? I'll buy you a beer in So. Padre if you prove it ...

A neighboring County had that problem a few years ago and the Commissioners made the appointment.

Looks to me like you're right, Shannon.

Texas Local Govt Code sec. 87.041; Texas Constitution art. 5, sec. 21

I think most everyone will agree that Burtner was incorrect in stating Governor Perry would be charged with selecting the new Lamar County Attorney. But, I am afraid Judge Superville's concerns over who should be handling the county's criminal cases between September 6 and January 1 isn't the easiest to answer. Will not the appointee's authority end on November 2? There is nothing in either the Constitution or the statute about "until his successor is qualified" except art. XVI sec. 17. Which of the conflicting provisions controls or is the more specific, art. XVI sec. 17 or art. V sec. 21? The Attorney General has noted that art. XVI sec. 17 generally "does not apply to vacancies created by operation of the constitution."
Tex. Atty. Gen. Op. JC-0293.

Couldn't you just buy us a beer, regardless of the answer?

As you note, Martin, the appointee would serve until his/her sucessor is "duly qualified." Tex. Const. art. XVI, sec. 17. If my understanding is correct, the election at issue here would not be to fill an unexpired term, but rather a full one. If that is the case, section 601.003(a) of the Government Code provides that the term of an elective county office begins on January 1, and subsection (b) provides that the person elected shall qualify and assume the duties of office on, or as soon as possible after, January 1 of the year following the person's election. Unless the unopposed candidate is appointed, however, your observation that this would be a very short term is still correct. If the election is to fill an unexpired term, on the other hand, the electee "is entitled to qualify for and assume the duties of the office immediately and shall take office as soon as possible after the receipt of the certificate of election" unless a recount petition is submitted. Tex. Gov't Code sec. 601.004. Whether I'm correct or not, though, I completely concur with the esteemed Mr. Bradley.

John, I will be happy to purchase a beer for you (whether or not you can prove you are entitled to one). But, you will have to admit it isn't often we can contemplate which part of the fundamental law is the "highest" authority.

Scott, I already owe you a beer or two just for taking my phone calls on gambling devices.

Maybe the best advice to the Lamar County Commissioners is to just leave the office vacant till January if there is an assistant county attorney remaining because, interestingly enough, I do not think there is any question about that person's ability to carry on the duties of the office.

I have never bought a beer at TDCAA South Padre. I want to re-negotiate my speaking engagement.

Does this mean your agent has advised you to sit out training camp? Those kinds of things are terrible for locker room morale!