Texas Attorney General Opinion: LA-111 Page: 1 of 5
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-HE ATTORNEY GENERAL
OF TEXAS
'l*'" AUSTIN, TxAs 78711
JOHN Ln HILL
June 12, 1975
Honorable Royce Adkins Letter Advisory No. 111
District Attorney
39th Judicial District Re: Whether a district judge
Haskell, Texas 79521 may appoint his grand-nephew
or the district probation officer
to represent an indigent defendant.
Dear Mr. :Adkins:
You have reqestedour opinion regarding the appointment of an attorney
to represent an indigent defendant. You state that the only attorneys who
practice within the Judicial District and are available for such appointment
are the grandnephew of the District Judge and the District Probation Officer.
You ask whether the Judge is prohibited from appointing either of these persons
to represent an indigent defendant. We will first consider the Judge's appoint-
ment of his grandnephew. The relationship in this case is by consanguinity.
The individual is the grandson of the Judge's brother.
The Texas nepotism statute, article 5996a, V. T. C. S., provides as
follows:
No officer of this State nor any officer of any district,
county, city, precinct, school district, or other muni-
cipal board, or judge of any court, created by or under
authority of any General or Special Law of this State,
nor any member of the Legislature, shall appoint, or
vote for, or confirm the appointment to any office, position,
clerkship, employment or duty, of any person related
within the second degree by affinity or within the third
degree by consanguinity to the person so appointing or so
voting, or to any other member of any such board, the
Legislature, or court of which such person so appointing
or voting may be a member, when the salary, fees, orp. 378
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Texas. Attorney-General's Office. Texas Attorney General Opinion: LA-111, text, June 12, 1975; (https://texashistory.unt.edu/ark:/67531/metapth276774/m1/1/?q=%22~1~1~1%22~1: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.