Untitled Texas Attorney General Opinion

M-8 | Tex. Att'y Gen. | Jul 2, 1967

Honorable George County Attorney Bastrop County Courthouse Re: Whether a constable may Bastrop, Texas lawfully be a surety on a bail bond of a defen- dant in the county where Dear Mr. Kelly: the constable holds office? Article 17.10, Vernon’s Code of Criminal Procedure, provides the only disqualification of sureties on ball bonds, and reads as follows: “A minor cannot be surety on a ball bond, but the accused party may sign as principal.” A constable, therefore, is not disqualified by statute from becoming a surety on a bail bond. Article 5, Section 24, of the Constitution of the State of Texas provides: “County Judges, county attorneys, clerks of the District and County Courts, justices of the peace, constables., and other county officers, may be removed by the Judges of the Distr%zt Courts for in- competency, official misconduct, h’a’6Ttual drunkenness, or other causes defined by law, upon the cause therefor being set forth in writing and the finding of its truth by a jury.” (Emphasis supplied) In our opinion, the execution of a bail bond by a constable, as a surety, is not prohibited by the Statute quoted or by the Constitution. There may be facts, however, existing that would make such action official misconduct and subject the constable to possible removal from office. The specific facts involved In each instance must be carefully examined and each case stands on its own merits. - 24 - Konorable George Kelly, Page 2 (~-8 ) SUMMARY A constable is not barred by Article 17.10, Vernon's Code of Criminal Z-ace- dure and Article 5, Section 24 of the Constitution of this State Prom becoming a surety on a bail bond. However, there might be other facts which would make such action official misconduct on his part and grounds for his possible removal from office. $$y txly yours , . arney General of Texas REO/dt Prepared by Robert E. Owen Assistant Attorney General APPROVED: OPINION COMMITTEE: Hawthorne Phillips, Chairman W. V. Geppert, Co-chairman Robert Darden R. L. Lattimore Sam Relley W. 0. Shultz Staff Legal Assistant A. J. Carubbl, Jr. - 25 -