Legal Opinion

Opinion No.

Texas Attorney General Reports

Decided August 26, 2004Published

1Opinion of the Court

The Honorable Tempie T. Francis Motley County Attorney Post Office Box 7 Matador, Texas 79244

Re: Whether an attorney appointed county attorney pro tem is disqualified from acting as criminal defense counsel in an adjoining county under Code of Criminal Procedure article 2.08 (RQ-0190-GA)

Dear Ms. Francis:

Article 2.08 of the Code of Criminal Procedure states: "District and county attorneys shall not be of counsel adversely to the State in any case, in any court, nor shall they, after they cease to be such officers, be of counsel adversely to the State in any case in which they have been of…

2Cases cited6 opinions

  1. Fitzgerald v. Advanced Spine Fixation Systems, Inc.Texas Supreme Court · 1999
  2. Stephens v. State, Texas Court of Appeals, 3rd District (Austin)1998
  3. State v. RosenbaumCourt of Criminal Appeals of Texas · 1993
  4. Ex Parte RamseyCourt of Criminal Appeals of Texas · 1982
  5. Cook v. StateCourt of Criminal Appeals of Texas · 1944

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