County Clerk Offices

[joelamosobadiah]

I have recently read the Attorney General's responses to the 30.06 complaints posted on their website. The one thing that stuck out to me is his statement that county clerks are non-judicial administrative offices that aren't able to be prohibited from carry by the county. This could be huge for me as I work almost every day in various Texas (and unfortunately New Mexico) county clerk offices.

Now, before I get too excited, I always understood 46.03.a.3 to include County Clerks as "offices utilized by the court". Does Attorney General Paxton's interpretation provide satisfactory assurance that you will carry into a County Clerk's office?

[ELB]

I have recently read the Attorney General's responses to the 30.06 complaints posted on their website. The one thing that stuck out to me is his statement that county clerks are non-judicial administrative offices that aren't able to be prohibited from carry by the county. This could be huge for me as I work almost every day in various Texas (and unfortunately New Mexico) county clerk offices.

Now, before I get too excited, I always understood 46.03.a.3 to include County Clerks as "offices utilized by the court". Does Attorney General Paxton's interpretation provide satisfactory assurance that you will carry into a County Clerk's office?

In a word, no.

So far the AG's opinion is just that - opinion. It has weight well above the average joe's opinion, but unlike what many think, the AG does not have dictatorial powers to immediately determine what the law is and smite those who disagree with fines (and that, overall, is a good thing). And it doesn't matter how emphatically anyone pounds their keyboards about "the law is clear", the AG has to go to court and convince a trial judge, and perhaps an appellate judge, and maybe even ultimately a Supreme Court judge, that his opinion is correct.

There are many other lawyers and judges around the state who are opining that the AG is wrong and that clerks, bathrooms, and hallways are included in the term "offices utilized by the court." And they directly control what the LEOs at those locations are doing.

Until this is hashed out in court, I would be very conservative about operating off of the AG's opinions. I've seen a few comments to the effect of "it's clear, carry away, and if they arrest you, you will win and can sue the LEOs." I think they are in for rude and expensive awakenings if they ever act on their own advice.

[KLB]

Until this is hashed out in court, I would be very conservative about operating off of the AG's opinions.

In this case, I think the AG is correct, but your advice is nonetheless prudent. I don't want to be a test case, and I don't recommend others try out for that role. It's risky, expensive, and exhausting.

[NTexCopRetired]

An Attorney General Opinion is a written interpretation of a law that exists. Opinions are written as part of the responsibility of the Attorney General to act as legal counsel for the State.

These Opinions are to clarify the meaning of existing laws. They do not have legislative or judicial force. The opinion cannot create new aspects to a law or override unintended or undesirable aspects of the law. AG's do not "rule" on the law.

However, until an AG opinion is changed or overruled by a statute, a court decision, or later AG Opinion, the AG Opinion is presumed to state the law correctly. Courts have generally said that AG Opinions are "highly persuasive and are entitled to great weight". The ultimate determination of a law is left to the courts. AG's generally does not opine about issues that are pending litigation.

[WildBill]

An Attorney General Opinion is a written interpretation of a law that exists. Opinions are written as part of the responsibility of the Attorney General to act as legal counsel for the State.

These Opinions are to clarify the meaning of existing laws. They do not have legislative or judicial force. The opinion cannot create new aspects to a law or override unintended or undesirable aspects of the law. AG's do not "rule" on the law.

However, until an AG opinion is changed or overruled by a statute, a court decision, or later AG Opinion, the AG Opinion is presumed to state the law correctly. Courts have generally said that AG Opinions are "highly persuasive and are entitled to great weight". The ultimate determination of a law is left to the courts. AG's generally does not opine about issues that are pending litigation.

Well stated sir.

[joelamosobadiah]

Good and wise advice from all. Pretty much my current take on it. I do wish the law not only prohibited posting 30.06 in non-eligible government locations, but also required posting of some sort in all off-limits locations to clarify which were "offices utilized by the court"