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

Summary

The Texas Supreme Court affirmed the Court of Appeals, holding that the Galveston County Commissioners Court may employ a permanent legal staff to advise and represent it in civil matters because such employment does not usurp the criminal district attorney's duties and is within the court's implied powers. The decision notes the criminal district attorney's consent and the lack of exclusive statutory civil duties for that officer. Two dissenting opinions argue the creation and funding of the Legal Department were unauthorized.