James Randall Smith, David A. Jones, David Mitcham, and Charles Freeman, Relators v. J.f. Flack, County Auditor…

Summary

The Court of Criminal Appeals held that it has jurisdiction to issue a writ of mandamus in this case because the dispute arises from a criminal law matter under Article 26.05, and it granted the relators’ mandamus because the County Auditor and Commissioners Court have a ministerial duty to examine and approve the fee claims and may not delegate that duty to the Board of Judges. The writ is conditionally granted, directing the respondents to pay the full fees or face issuance of the writ.