Case Information
*1 R-494 THE ATTORNEY GENE&&'.
OFTEXAS Aun~l~ I;. """"""""""s
PRICE DANIEL’ ATTORNEY GENERAL June 12, Hon. Looneg E. Lindsey Opinion Ho. V-247 County Attorney Upshur County Ret: Authority of County
I Oilmer , Texas Attorney to represent
& PBI’BOR BEdCiZ@ t0 ha;laels asnity Fe- ‘i Dear sir:
“.,i Your requert ‘for qn opinion iron thir office iS, in mt, 88 fOllOVB1
"1. By virtue of Article of the Code of Crlmlnal Prooedure ie a County Attopsy sating ins his u oapaoitg pro- hibited from representing a person seeking have Bt3lZity restored.
"The particular 'case Is ohe in whloh a IMU& v&a adjudged lnsaq about three (3) * Yeats ago during tUe admlnlatratloo of a ,; prevtoue county Attorney.
"2. By virtue of Article 32 of the Code of CHminal Prdcedure Coiu'itp ,in his officlaq capacity Attorney acting prohibited from representing a person Beak- ing to have his smity restored?"
Article 32,, V.C.C.P., provides, in iwt8 Art1010 5550, V.O.S., pzJovldes, ln part, em.
follover .I. ; /
:*' * *2 Hon. Loonoy IL Lindsey - Paepe 2 ~
‘wlwa Oh&ea t0 be Inat&& a8 deientlant.
'Jhe County Attorue~ OF the Distrlat Attop- ney in cq+n$lee haying no County Attorney,,
on the be entitled t0 COUXXW~; end in paper OBBBB the County Judge nay~appoint ooua~el for that purporo. .‘.”
~eatlon of A~tilolr 556th. V.C.S., ir as fof- lovr:
"sea. 4. Whenovor oae OP 8ore'mdult oitisens ol thie State shall fil4i an atfl- dmrlt vith thr County Judge of the oountx' 1 vhere uay one of $he l ffianto roaMe8, al- le(gq under oath thet there located wlth- in aaid county, or oonfined within said coun- ty, a person vho ha8 theretofore been declared to of unsound rind, or an habitunl dcuuk- ard, and that in tho opinion of 8ffiants ruoh poroon has been r48tored to hlr right tind, or 'I sober habita, and that the@ is no orlmlnal chargo onding against such per'llon, tho County 11 forthwith, either, in tor8ti.m or, Judge all?+ in womtlon, rot m bry for e heariag to dotos- mlae tha amity, o r l obrioty, of ruoh porron.
Zhe Cosatf '"g" 8ha;Ll oaueo rrotioe the :' data ret or t e horrlq to lrrurd by the County Plonk, to the guardlm of suoh‘poProa, if My, mna to thoro hmring ourtoay of ruoh pawea, if may them be, aad in, tlfb evaat. auoh l ~r6n ba, a bmofiol~r, of the Vetermaa &&la- rtrmtlria~, or h$s rat* e e 00n818t8 in xholo oi? P ia prrt of 8013~ qpothor qsratr derived irorr d08p8ation, pabaoa UP ia~pruroe. paa2ky th0 United St8to8, ltkke notioo 8ball lio,lrorred oa ,.~ the ohfof.rttoraoy of Voteran Adrinistrm- in this State by dellwwlng a co y o? ~, ~.
t&n said notloe to his office, of the ii.1 ng of i .suoh affidavit, and that hearing la be hod thereon, giving tho time,end plaoe theroef.
The County Judge ahall direot tho~Shertff of- .’ ~tho oountf vhere eueb pnrllorr ir loorted 'W$a- ~ ~?iImd tobring suoh~soa iato qarOa)d f@l' rid lao&PiDg, if auoh aot108 be 8eoerury 'to .* ,;. ,',~ .I *la. n ~~oaymhirpvr8eaoemttk *3 -- -
HOIl. Loonay E. Lindsey - Page
“(a) A jury may demanded by any person interested in the ward or his estate to pass on the question of whether or not such person has been restored tb his right aind, or to sober habits, but if a jury 1s not demanded, the County Judge may paas up- on such question, or he may cause a jury to be empanelled to hear su& cause.
“(b) If, the trial of the cause, o&them before a jury or the County Juago, result8 in a finding that such paraon h4e bson re- stored to his right mind, or,to sobor habits a Jumnt sh813 be entered won the minutes of the cot& P4Clting SW& itots, and adjudg- ing su6h person to be of sound mind, OF sober habits, rad raid person, if then under po- shall be discharged immediately. rtralat,
“(0) If 8uOh perron be under guerdiaa- ahip st Ohs inotitutlciP of laugh ~rooeodl~s mnd ah&l1 &djudged to h4v4 boon reetorod to his right aim%, or to rObep.habitU,, under tho ~FOV~BIO~O Of this ALot, and If 8uOk.i re- takes plaae in a court other than storation t&t ia which tho guapdian8hip iB pOndi then said fop&nor ward shall file a copti iod T’ uop~ of the judgment #@estoratioa to sanity, .sobriety, in ?2ae court where the guardian- lmnediatoly after the d&ii8 POndiD& and, suoh celrtified oopy of OUOb U *ent n the court vhere ,the gWWdian8 hi Y- p l
ending, the fomer guardian shall file hi8 inal (Lccc$mt, ati deliver to his forrer vuld P ertato rooslnlng in handa. If the orrtoratlon be had in tho ~oou*t whop4 the gukrdiknshlp is pondlng, then immodlately after such jidgmeat of restoration la enter- od, foFI8or guardian shall file his final aooount and dsllver over to k&e former ward the estate remaining in his bands, in the Wue and ammner provided for in probate pro- oeodings.
“(d) From a judgment Pendored by the Gouatty Court upon any pestopatlon heaping aa provldbd &n appeal may be taken to the Dlstrlot *4 Hon. Looneg E. Lindsey - Page 4
Court of the county wherein said carrsez orlglnally was tried. The appeal from the ju ent of the County Court to the Dlstrlc Court to perfected In the T
manner and In the time prorlded by law for the appeal of probate ~ooeedi~r
from the County Court to the M6trlat Court; and provided further, that the trial in the Matrlot Court &all be de nova as In other probate pro@e
U&t~ w Dirttldi 9 &ii?
"(e) Any person who ha8 heretofore been declamd to be of MaoundUBd, O?
anhabitual @lrunkmd, and ha8 beaa trl(hd pslo~lrloan of thlr &a& *M f'ourua m to be of ULUVXI& mind, an aribitprl tlmznkbra, shall nOt again be tried for a period of six (6) months."
Under the pLaln prorlsfona Of APtlele 5550, V.O.S., It is the duty of a Q@aU#tJ AttaMcnj CO Cupa- lunacy h@aWIg. Al- rat the State in the original though there is no duty lmporral upon a OorultJ Attobn87 ln the hearlag on PertaratiQo to repxwrent the State salty, it ie our opinion that een8WuUg Wo 8bora Quoted provlslona tqether, the Statr~dwr b@Ta WL Interest In the came. This being trqo, it nese88uilj follows that a County kttorneg Is prohlblted frol being *. ~"bf'counnel adveraely'to the State in any case, Ln Snf
cowte " r..
A County Attorney la prohibited by Article 32, V.C.C.P., from reprolrmtlllg a pors.~, roepg have hi6 IAmity roitQwoa* ,, YQ!lm ** ti?& ., A~oaom~snasuaPEIuB APPFtOVED: ii?&32 8v
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