Untitled Texas Attorney General Opinion

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 -2579- 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 -2580- . . 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 -2581-