December 17, 1969
Honorable Charles A. Allen Opinion No. M- 540
Criminal District Attorney
Harrison County Courthouse Re: Appointment of deputy
Marshall, Texas 75670 official shorthand
reporter.
Dear Mr. Allen:
Your request for an opinion reads, In part, a% follows:
"The 71st Judicial District Court ha% one
full time Court Reporter; however, the work
load in the 7lst Judicial District is quite
heavy and there is under consideration a re-
quest to the District Judge for the appoint-
ment of a Deputy District Court Reporter.
"QUESTION:
"Please advise in written opinion whether
or not it is legal to have two court reporters
for the same District Court.
"I refer you to Article 2323, V.A.C.S.,
which appears to leave it solely within the
discretion of the District Judge as to the ap-
pointment of a Deputy District Court Reporter.
,I ,I
. . .
Article 2323, Vernon's Civil Statutes, provides:
"In case of illness, press of official work,
or unavoidable disability of the official short-
hand reporter to perform his duties in reporting
proceedings in court, the judge of the court may,
In his discretion, authorize a deputy shorthand
reporter to act during the absence of said of-
ncial shorthand reporter, and said deputy short-
hand reporter shall receive, during the time he
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Hon. Charles A. Allen, page 2 (M-540)
acts for said official shorthand reporter, the
same salary and fees as the official shorthand
reporter of said court, to be paid in the manner
rovided for the official shorthand reporter; but
he said official shorthand reporter shall also
receive his salary In full during said temporary
disability to act. The necessity for a deputy
official shorthand reporter shall be left entlre-
ly within the discretion of the judge of the
court. ” (Emphasis added.)
In construing the provisions of Article 2 23, supra, it
was held in Attorney General’s Opinion O-3643 (1941 3 :
“By virtue of Article 2323, %upra, the neces-
slty for a deputy official shorthand reporter is
left entirely within the di%cretion of the judge of
the court. When a deputy court reporter is ap-
i t d by the court, said deputy reporter shall
~&~i~e during the time he acts for said official
shorthand reporter the same salary and fee a% the
official shorthand reporter of the court to be
paid in the manner provided for the official short-
hand reporter. In other word%, the deputy official
shorthand reporter shall receive the same pay as
the official shorthand reporter for every day that
he may be occupied in performing the duties of the
official shorthand reporter and the amount of such
salary should be ascertained by dividing the salary
allowed to the official shorthand reporter by three
hundred and sixty -five, and then multiplying the
quotient by the number of day% actually served by
the deputy official shorthand reporter. A% stated
above, the deputy official shorthand reporter shall
receive, during the time he acts for said official
shorthand reporter, the same salaries and fees as
the official shorthand reporter of said court, to
be paid in the manner provided for the official
shorthand reporter. . . . (Emphasis added.)
In view of the foregoing, you are advised that it IS
within the sole discretion of the Judge of the 71st Judicial Dis-
trict as to whether a deputy official shorthand reporter should be
appointed pursuant to the conditions and provisions of Article
2323. If the Judge of the 71st Judicial District determines the
necessity of a deputy shorthand reporter because of Illness,
press of official work, or unavoidable disability of the official
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. .
Hon. Charles A. Allen, page 3 (M-540)
shorthand reporter, the deputy shorthand reporter shall draw
the same compensation as that paid the official shorthand reporter
for the period of time served by the deputy.
SUMMARY
Under the provisions of Article 2323, Vernon's
Civil Statutes, the appointment of a deputy official
shorthand reporter is entirely within the discretion
of the judge of the court; and if he determines that
such appointment is necessary because of illness,
press of official work, or unavoidable disability
of the official shorthand reporter, the deputy
shorthand reporter shall draw the Same compensa-
tion as that paid the official shorthand reporter
for the period of time ser by the deputy.
Prepared by John Reeves
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
Alfred Walker, Co-Chairman
Sam Jones
Earl Hines
Rex White
Bill Craig
MEADEF. GRIFFIN
Staff Legal Assistant
NOLA WHITE
First Assistant
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