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We can assists local merchants and citizens in collecting amounts stolen through worthless checks.

our history.

History of the County Attorney

County Attorney J D Lambright
J D Lambright2013 - Present
David K. Walker 2001 – 2012
Frank H. Bass, Jr. 1993 – 2000
D.C “Jim” Dozier 1985 – 1992
Larry L. Foerster 1981 – 1984
William J. Bernardino 1965 – 1980
Ellis A. Oualline, Jr. 1961 – 1964
George W. Morris???-1960
A.K. Stewart???-1951 & 1952-???

Attorneys Who Have Served as Montgomery County Attorney
(Portions of this information were abstracted from original records in the Texas State Archives, Austin, Texas 1836-1884 (dates are either election or commission dates); and Montgomery County Clerk’s records 1884-1980, as found in the 1981 Montgomery County History at pages 17 – 28, published by the Montgomery County Genealogical and History Society.)

J D Lambright2013 - present
David K. Walker2001 – 2012
Frank H. Bass, Jr. 1993 – 2000
D.C “Jim” Dozier 1985 – 1992
Larry L. Foerster 1981 – 1984
William J. Bernardino 1965 – 1980
Ellis A. Oualline, Jr. 1960 – 1964
George W. Morris 1954 – 1960
A. K. Stewart 1950 – 1954
J. W. Simpson, Jr. 1948 – 1950
J. W. Simpson 1946 – 1948
Paul Grogan 1944 – 1946
Arnold Smith 1940 – 1944
Paul Grogan 1934 – 1940
A. A. (Sam) Turner 1928 – 1934
Joe W. Strode 1924 – 1928
Nat Hart Davis 1920 – 1924
Robert J. Sullivan 1912 – 1920
W. M. Williams 1906 – 1912
J. E. Wells 1902 – 1906
J. W. Lewis 1900 – 1902
Clinton W. Nugent 1898 – 1900
James T. Rucks 1896 – 1898
John M. Lewis 1894 – 1896
James T. Rucks 1890 – 1894
B. H. Powell 1884 - 1890
W. P. McComb -1882
A. Richards, Jr. 1880
James R. Davis1878
J. E. White 1876, 1878
W. J. McGrew 1867

Creation of the Office of County Attorney
The current Constitution of the State of Texas took effect on February 15, 1876, and is the seventh (including the Mexican constitution) constitution in Texas history. The previous six were adopted in 1827 (while Texas was still part of Mexico), 1836 (as the Republic of Texas), 1845, 1861, 1866 and 1869.

The 1866 Constitution of the State of Texas provided for the creation of the County Courts and the office of County Attorney. That document stated “the Legislature may provide for the appointment of a County Attorney to represent the State and county in said court, whose term of office, duties and compensation shall be such as may be prescribed by law”. It appears, however, the office of County Attorney disappeared just 3 years later, as there is no mention of such a position in the 1869 Texas Constitution.

But some 7 years later in 1876, Texas adopted its seventh and current Constitution. Article V. Section 21 of the 1876 Constitution stated “A county attorney, for counties in which there is not a resident criminal district attorney, shall be elected by the qualified voters of each county, who shall be commissioned by the governor, and hold his office for the term of two years. In case of vacancy the Commissioners’ Court of the county shall have power to appoint a county attorney until the next general election. The county attorneys shall represent the State in all cases in the District and inferior courts in their respective counties, but if any county shall be included in a district in which there shall be a district attorney, the respective duties of district attorneys and county attorneys shall in such counties by regulated by the Legislature. The Legislature may provide for the election of district attorneys in such districts, as may be deemed necessary, and make provision for the compensation of district attorneys and county attorneys.”

General Duties of County Attorneys
Under our Constitution, Texas has three different types of local state’s attorneys. These are county attorneys, district attorneys, and criminal district attorneys. The Constitution provides that every county that does not have a resident criminal district attorney will have an elected county attorney. In counties where there are both a county attorney and a district attorney, the state legislature specifies the respective duties, both criminal and civil, of each position. Consequently, the duties of county attorneys vary substantially from county to county.

Duties of  the Montgomery County Attorney
Provisions describing the duties of the County Attorney in Montgomery County are contained in Vernon’s Texas Codes Annotated, Government Code Section 45.270 that became effective June 17, 2005.

  • The county attorney of Montgomery County, or the County Attorney’s assistants, shall represent the state, Montgomery County, and the officials of the county in all civil matters pending before a court of Montgomery County or any other court.
  • The county attorney has the powers, duties, and privileges in Montgomery County relating to:
    • Civil commitment matters under Subtitle C, Title 7, Health and Safety Code;
    • Juvenile matters, including proceedings under Title 3, Family Code;
    • Child Protective Services; and
    • Protective orders under Title 4, Family Code.
  • Notwithstanding Subsection (a), the Commissioners Court in Montgomery County may retain independent counsel in any civil matter.
  • Regarding worthless checks, the County Attorney has the authority to draft the criminal complaints for worthless checks under articles 2.04 and 2.05 of the Texas Code of Criminal Procedure. By agreement with the District Attorney, the County Attorney files the theft by check cases under the name of the District Attorney and they handle the prosecution, while the County Attorney handles the collection.
  • Finally, in addition to the authority provided above by Vernon’s Texas Codes Annotated, Government Code Section 45.270, the County Attorney handles mental health cases pursuant to Chapters 573 and 574 of the Texas Health and Safety Code.
Montgomery County Attorney Office

Montgomery County Attorney Office