Note: Included opinions are from April 11, 2023 through May 10, 2023.
KP-441 (Dual Office Holding): Neither the dual-officeholding prohibition in article XVI, subsection 40(a) of the Texas Constitution, nor the common-law incompatibility doctrine prohibit a criminal-law magistrate appointed under Government Code chapter 54 from also serving as staff legal counsel to the judges appointing the magistrate. Similarly, Government Code chapter 575 likely does not preclude the dual service.
The question whether the simultaneous service violates the Disciplinary Rules of Professional Conduct for attorneys or the Code of Judicial Conduct for magistrates is a question that cannot be determined in an Attorney General opinion.
KP-442 (Dual Office Holding): Absent a resolution adopted by the Iraan City Council under Local Government Code section 21.003, the dual service of a person as a member of a volunteer fire department and member of the City Council is prohibited.