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	"We’re considering appointing the wife of the county judge to a vacant position in the county. The judge said he would abstain from voting on the appointment. Does that make it OK to appoint his wife?"

May the commissioners court appoint a relative of the county judge to a county position?

Under Government Code §573.041, a public official may not appoint, confirm the appointment of, or vote for the appointment or confirmation of an individual who will be directly or indirectly compensated with public funds if the individual is related by blood or marriage. See our nepotism charts (Appendix C) in our publication Pitfalls & Perils of Public Office for clarification on familial relationships.

The abstention of the member of commissioners court with the nepotism conflict does not relieve the remaining members from the prohibition. Attorney General Opinion No. JC-0184. If a position is unpaid, or if the person only receives reimbursement for actual expenses, the position is not subject to the nepotism restrictions.