According to the briefs before the Court, the Commissioners Court has authorized payment of up to $375 an hour to private attorneys the Commissioners Court has engaged to fight paying the attorneys pro tem $300 an hour.SeeIn re Jeffory Blackard, Relator , No. 05-16-00478-CV, No. 095-16-00479-CV, No. 05- 16-00480-CV, 2016 WL 1756786 (Tex. App.—Dallas, April 29, 2016) ; In re Jeffory Blackard, Relator , No. 05-16-00470-CV, 2016 WL 1756786 (Tex. App.—Dallas, April 29, 2016) ; Blackard v. Schaffer , No. 05-16-00408-CV, 2017 WL 343597 (Tex. App.—Dallas, January 18, 2017) (This appeal not only required the involvement of the attorneys pro tem in their official capacities, the Collin County Judge in his official capacity, the individual commissioners in their official capacities, and the county auditor in his official capacity, this appeal also involved several additional attorneys representing the various parties.); Blackard v. Schaffer , No. 05-17-00094-CV, 2017 WL 2493279 (Tex. App.—Dallas, June 9, 2017). I note here that the legislative history from the 2001 amendments to Article 26.05 supports this view.
According to the briefs before the Court, the Commissioners Court has authorized payment of up to $375 an hour to private attorneys the Commissioners Court has engaged to fight paying the attorneys pro tem $300 an hour.See In re Jeffory Blackard, Relator, No. 05-16-00478-CV, No. 095-16-00479-CV, No. 05-16-00480-CV, 2016 WL 1756786 (Tex. App.— Dallas, April 29, 2016); In re Jeffory Blackard, Relator, No. 05-16-00470-CV, 2016 WL 1756786 (Tex. App.— Dallas, April 29, 2016); Blackard v. Schaffer, No. 05-16-00408-CV, 2017 WL 343597 (Tex. App.— Dallas, January 18, 2017) (This appeal not only required the involvement of the attorneys pro tem in their official capacities, the Collin County Judge in his official capacity, the individual commissioners in their official capacities, and the county auditor in his official capacity, this appeal also involved several additional attorneys representing the various parties.); Blackard v. Schaffer, No. 05-17-00094-CV, 2017 WL 2493279 (Tex. App.— Dallas, June 9, 2017). See Relator's Petition for Writ of Mandamus at 7 n.11.
This is the fifth appeal or original proceeding regarding an order of payment of attorney's fees in these cases. See Blackard v. Schaffer, No. 05-17-00094-CV, 2017 WL 2493279 (Tex. App.—Dallas June 9, 2017, no pet.) (mem. op.); Blackard v. Schaffer, No. 05-16-00408-CV, 2017 WL 343597 (Tex. App.—Dallas Jan. 18, 2017, pet. filed) (mem. op.); In re Blackard, No. 05-16-00470-CV, 2016 WL 1756843 (Tex. App.—Dallas Apr. 29, 2016, orig. proceeding) (mem. op.)