An attorney representing the State in a Chapter59 case is prohibited from receiving which form of compensation?

• A. Salary from forfeiture funds
• B. Contingency fee based on amount forfeited
• C. Reimbursement for expenses
• D. None of the above

Answer: (B)

The essential idea is that a state attorney’s compensation should not depend on the outcome or size of the forfeiture. A contingency fee tied to the amount forfeited creates a direct financial incentive to maximize the forfeiture, which can distort judgment, erode impartiality, and raise ethical concerns about pursuing larger seizures for personal gain. Because of these conflicts of interest, this type of fee arrangement is not allowed for a State’s attorney in a Chapter 59 case. Reimbursing actual expenses is generally permissible, and other compensation structures that are statute- and budget-compatible are not inherently barred. So the form of compensation that cannot be accepted is a contingency fee based on the amount forfeited.