Ben M. Guynes, Petitioner v. Galveston County, Respondents

Summary

The Texas Supreme Court affirmed the Court of Appeals, holding that Galveston County Commissioners Court may employ a permanent legal staff to handle civil matters because such employment does not usurp the criminal district attorney's statutory duties and is within the court's implied powers. The Court noted that the district attorney's consent and the lack of exclusive civil duties support the legality of the Legal Department. Justice Gammage and others dissented, arguing the creation of the Department exceeds the commissioners court's authority.