TDCAA Community
Expiration of local agreements in forfeitures

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/257098965/m/9231076112

November 09, 2010, 09:49
Al Davis
Expiration of local agreements in forfeitures
Haven't seen this addressed here. DA's office has local contracts with several law enforcement agencies on division of forfeiture proceeds. The contract automatically renews each year subject to each party's right to terminate on notice. The party on the DA's end is the "Criminal District Attorney", without expression of a person's name. If a new DA comes into office, do these agreements continue on as before, or will they terminate as of the date the new DA takes office and need to be renegotiated as of that date? I'm inclined to believe the agreements, being between agencies and not natural persons, survives the change in electeds, but have not seen anything to support or rule out that scenario.
November 09, 2010, 11:28
E. Foley
This exact issue actually popped into my head late last night, as we will have a newly elected DA take office here soon. For what it's worth, while your argument makes sense to me, I think we do get new contracts signed whenever we have a new police chief take office. As to whether that's actually legally required, though, I don't have a clue and couldn't easily find anything relevant on Westlaw just now (besides a budding headache). If you come up with anything, please post!

Elizabeth Foley
Ass't Crim. D.A.
Galveston County