Texas Supreme Court

Public Utility Commission of Texas, Relator v. the Honorable Hume Cofer, Judge, Respondent

May 11, 198831 Tex. Sup. Ct. J. 410

Summary

The Texas Supreme Court held that statutes unambiguously require the Attorney General to represent both the Public Utilities Commission and the State Purchasing and General Services Commission, even when they are adverse parties, and that Judge Cofer exceeded his inherent judicial power by barring such dual representation. The Court reversed the trial court's order and granted mandamus directing the district judge to vacate his order; Justice Culver dissented, arguing the statutes violate separation of powers.