AG Opinion: County Official Reimburse Attorney Fees? AG Steps Aside

Paxton Steps Aside in Opinion:

Attorney General Opinion KP- 00037 has an interesting start- a cover letter in which General Paxton delegates repsonsibility to his first assistant attornery general.  Why? “I [Paxton] may have an actual or perceived conflict of interest or in which my involvement gives even the appearance of impropriety.”

What is KP-00037 about?

Whether a county official, who is found not guilty on criminal charges, can have attorney fees reimbursed.

Does KP-00037 allow for attorney fee reimbursement for these elected officials?

Yes, but there’s a 2 part test to get there:

1. there must be legitimate interests of the [political subdivisions]-and not just the personal interests of the officers or employees-require the assertion of a vigorous legal defense on behalf of the public interest. [A political subdivision] may not use public funds when the principal interest to be defended is a purely private one. 

2. It must be determined that the “officer or employee committed the alleged act or omission that was the basis of the lawsuit while acting in good faith and within the scope of official duties.