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

Summary

The Texas Supreme Court held that the statutes unambiguously designate the Attorney General as the representative of both the Public Utilities Commission and the State Purchasing and General Services Commission, even when the agencies are adverse parties, and that Judge Cofer exceeded his inherent judicial power by barring such dual representation. The Court therefore found Judge Cofer abused his discretion and indicated that a writ of mandamus would be issued if he does not vacate his order. Justice Culver, dissenting, argued that the statutes violate the state constitution's separation of powers and that Judge Cofer's order should be upheld.