Article Contents
A county attorney in Texas is a publicly elected official responsible for prosecuting misdemeanor offenses, providing legal counsel to county government, and handling various civil matters. The role of the county attorney differs from that of the district attorney, who primarily prosecutes felony cases.
County attorneys are one of several elective offices within the overall county government structure in Texas, which divides power and responsibilities among various executives.
Roles and Responsibilities
County attorneys serve as legal representatives for the county government and manage a broad range of legal duties, including:
1. Prosecution of Misdemeanors
County attorneys prosecute criminal offenses classified as misdemeanors, typically punishable by fines or short-term jail sentences. These cases may include:
- Traffic violations
- DUI/DWI offenses
- Minor assaults
- Theft of property valued under a certain threshold
- Public intoxication
- Disorderly conduct
- Criminal trespassing
- DUI/DWI offenses
- Minor assaults
2. Legal Counsel for County Officials
They provide legal advice to the County Commissioners Court, elected officials, and county departments on matters such as contracts, regulations, and governance.
3. Juvenile Justice Cases
In certain counties, County Attorneys handle juvenile cases, ensuring appropriate legal action is taken.
4. Protective Orders & Domestic Violence Cases
Many County Attorneys assist victims of domestic violence by filing protective orders and working with law enforcement agencies to enforce them.
5. Mental Health Commitments
Some County Attorneys oversee legal proceedings related to involuntary mental health commitments, ensuring individuals receive necessary care.
6. Civil Litigation & County Representation
They represent the county in lawsuits involving civil disputes, property issues, and environmental concerns.
Election and Term
County Attorneys in Texas are elected by county residents and serve four-year terms. Elections are partisan, meaning candidates run as members of a political party or as independents.
Qualifications for Office
In Texas, county attorneys must meet specific legal, educational, and residency qualifications to serve in office. These requirements are governed by both state law and local county regulations:
- Education and Licensing: A county attorney in Texas must hold a Juris Doctor (JD) degree from an accredited law school and be licensed to practice law in Texas. They must also be an active member in good standing with the State Bar of Texas.
- Experience: While specific experience requirements vary by county, most require candidates to have substantial legal experience, particularly in criminal law or civil litigation. Previous experience in a government legal role or as a prosecutor is often preferred.
- Residency: To qualify for election or appointment, a county attorney must have been a resident of Texas for at least 12 consecutive months and a resident of the county they seek to serve for at least six consecutive months prior to the election or appointment.
- Age: A county attorney must be at least 18 years old.
- Voter Registration: The candidate must be registered to vote in the county where they intend to serve.
- Criminal History: A county attorney must not have been convicted of a felony for which they have not received a pardon or been released from resulting disabilities.
These qualifications ensure that county attorneys in Texas have the necessary legal background and commitment to serve their counties effectively.
Jurisdiction and Variability by County
Not all Texas counties have a County Attorney. In some larger counties, the District Attorney assumes the responsibilities of both roles. However, in smaller counties without a District Attorney, the County Attorney may handle both misdemeanors and felonies.
Relationship with Other Legal Entities
County Attorneys collaborate with various legal and law enforcement agencies, including:
- District Attorney: Focuses on felony prosecutions and major criminal cases.
- Texas Attorney General: Assists with cases involving state laws, child support enforcement, and consumer protection.
- Sheriff’s Office & Local Law Enforcement: Works closely with law enforcement to ensure cases are prosecuted effectively.
Notable County Attorneys
Throughout Texas history, several County Attorneys have advanced to higher offices, including judicial positions, district attorney roles, and state legislative seats.
Conclusion
County Attorneys play a crucial role in Texas’ legal system, ensuring laws are enforced, providing legal guidance to county governments, and representing public interests. Their responsibilities vary by county, but their impact on local governance and criminal justice remains significant.
