We have some (about $1200) funds that have been collected under LGC 133.103

The judge thinks he has the authority to order the Commissioners court to spend the funds in this account as he sees fit. My interpretation is that he can tell them what he wants, then the commissioners get to prioritize his needs and spend the monies for those needs.

What is your take?

Lisa L. Peterson
Nolan County Attorney

Looks like General Fund. Does the County Judge get to spend everything out of the General Fund in your County?

In general, he and the commissioners make the decision as to where funds are spent. The commissioners are very opposed to the expenditure the judge wishes to make (a salary supplement), and the judge is threatening mandamus.

(Clarification - the county judge is not the judge wanting to spend the money...)

Lisa L. Peterson
Nolan County Attorney

Well I am shocked to find another Commissioners Court against a salary supplement!@#% But I am also not surprised to find an elected official who thinks he/she is the county. Since the statute uses that term and that limited standard regarding the administration of justice, I would be hard pressed to reach a conclusion different from your initial reaction.

Thank you; I detest being in the middle of power struggles...

Lisa L. Peterson
Nolan County Attorney

Isn't being in the middle of power struggles a duty listed in the constitutional provision creating the office of county attorney?