Untitled Texas Attorney General Opinion

Honorable ChiirlesA. Allen Opinion NO.M-626 criminal Didriot Attorney Harrison County Rer Quertione mlating to pay P. 0. BOX 776 of court reporter for Marrhall, Texas 15670 transcribing testimony tsken befomi an examining Deax Mr. Allen: court. Your request fbr an opinion aeka tge following quertioner "1s a Court'Reporterentitled ,toCOQ- pensation for tranrcrlbingtestimony talken before an examining ooutt? "Aseuming that ths answer to the hbove queetion is 'yee', is the County obligakei3 to pay the Court Reporter fees and, if ho, out'of what fund ia the fee payable?" Article 16.09 of the Code of CrimMal Fxocedute (ap- plicable to an examining trial) provides; "The testimony of each witnese.shall be teduced to writing by or under the direction of the magistkate, and ahall then be read over.to the witness.,or he may read it over 'himself. Such correctionsehall be maQe in the same ae.the witness may dire&r and he ehall then sigkthe same by affixing thereto .hiename or mark. All tha testkmony thus taken shall be certified to by the mag&strate. In lieu ot the above provicrion, a atat&ent of fact8 authenticatedby State and defense counsel and approved by the pteeiding magia- trate may be used to preserve the teat!Lmony . of ~witnesaee. " In'Attorney General's Opinion M-%48 (1968),we held that an official court reporter is entjitledto reaeonable Hon. Charles A. Allen, Page Z(M1'620) oompensation for his services rendered in taking and tran- ecribinq the testimony of witnes$ea in an examining trial proceeding under Article 16.09, V.C.C.P. Likewise, we held in Attorney General's opinion M-303 (1968): “A Justice of the Peace, sitting as a Magistrate, has the authority and mandatory duty to require examining trial proceedings to be.reduced to writing, certified, and delivered to the proper oougt. when a re- porter is officially appoinfed'bythe Magistrate, he must be paldja reasonable compensationfor his services in preparing an original Statement of Fa+s for the Court even though the reporfer was first retained and paid by defense counsel. Anyone interferingwith this judicial proceeding may be held in criminal contempt of court." Furthermore, we he'ldin Attorney General's Opinion M-248,. supra, with reference to the payment of the compensa- tion of the court reporter: ‘1.. any expenee by the prosecuting attorney which is necessary and reasonable may be certified by him as p'zovidedin Article 3899(b), Vernon's Civil Statutes, and should be paid under Article 40.09, paragraph 5, and Attorney General Opinion C-693 (1966). It is the duty of the Commissioner"scourt to abide by that determination and make payment from the general funds of .the county." In view of the foregoing you are advised that a 'court reporter is entitled to reasonable oompenaation for trsnsoribing testimony taken before an examining court and that such compensation is to be paid by the county out of the general fund. SUMMARY A oourt repdrter is entitled to reasonable oompen#ation for tranecribind testimony taken before an examining court under the provisions -2967- HOfl- Charles A. Allen, page 3 (M-620) of Article 16.09, V.C.C.P., and.aueh oompemation is to be paid by the county out of the general fund. Prepared by John Reeves Assistant Attorney General APPROVED: OPINION COMMITTER Kerns Taylor, Chairman We E. Allen, Acting Co-Chairman Bennie Bock Glenn Brown James Quick Bob Lattimore MEADE F. GRIFFIN Staff Legal Assistant ALFRRD WALKER Executive Assistant N0L.AWHITE First As6Lstant -2968-