- . .
OWNEY GENERAL.
EXAS
Honorable Jack Young Opinion No. C-683
District Attorney
154th Judicial District Re: Under Vernon's Code of Crlmlna
Muleshoe, Texas Procedure, a,twha,trate should
the county pay the court re-
porter for preparing statement
of facts and transcripts In
in cases involving paupers and
those unable to pay or give
security for costs, and re-
Dear Mr. Young: lated questions.
In a recent opinion request you point out that the
new Code of Criminal Procedure has left in question the rate
that a county should pay court reporters for preparing atate-
ment of facts and transcripts in cases Involving paupers and
those unable to pay or give security for the same. Your re-
quest for our opinion aska three questions:
"1. Article 40.09, Paragraph 5, Texas
Code of Criminal Procedure states in part
as follows, to-wit: I, . . Upon certlfi-
cate of the court that this service has
been rendered, payment therefor shall be
made from the General Funds by the county
in which the offense 1s alleged to have
been committed. . .' At what rate shall
the county pay the Court Reporter for such
transcription?.
"2. Is It proper expenditure of County
funds I. . by the County in which the of-
fense Is alieged to have been committed
. * . I to pay for an additional copy, or
copies of such transcription of the Re-
porter's notes for the District or County
Attorney where such copy or copies are to
be used in briefing a case on a~ppeal,on
future trials of companion cases growing
out of the same transaction, for lmpeach-
ment or other purposes? If such expenditure
Is authorized at what rate Is the county
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Honorable Jack Young, Page 2 (C-683)
authorized to reimburse the Court Re-
porter for such copy or copies?
“3. Where counties are authorized to
pay at a ra,teper hundred words for trans-
cription of the Court Reporter's notes, 1s
It necessary to count each individual word
or Is a reasonable estimation acceptable?
Assuming a twenty five line page of trans-
cription containing question and answer
testimony, argument of counsel, pre-trial
motions, and/or arguments of counsel In a
230-240 word per page estimate a fair estl-
ma,te
?"
In answer to your first and third questions, Article
40.09, paragraph 5 of Vernon's Code of Criminal Procedure,
does not outline what the court reporters shall be paid or
what Is a reasonable amount for preparing the statement of
facts and transcripts. In the absence of a statutory pro-
vision setting forth the amount to be paid, it 1s a logical
conclusion that a reasonable amount should be paid.
Article 40.09, paragraph 5, states that the court
shall certify that this service has been rendered. When
the court so certifies, it can state In Its order a rtason-
able amount to be paid the court reporter.
You have pointed out that although there is no stat-
utory authority for the a,mountto be paid court reporters;
Article 2324, Vernon's Civil Statutes, may be used as a
guide line, and particularly paragraph 3 thereof, which
provides that the reporter shall receive as compensation
therefor the sum of not more than thirty cents (30$) per
one hundred (100) words for the original thereof. As to
the amount to be paid a court reporter for the preparation
of a duplicate copy of a statement of facts, It is also a
matter within the discretion of the court.
In a,nswerto your second question, this office ruled
in Attorney General's Opinion No. v-976 (1949) that the
commissioners court was authorized to pay for transcripts
of the evidence at an examining trial, ordered by the Dls-
trict Attorney, on proper certification from him of the
necessity for the transcript as a reasonable expense nec-
essary In the proper and legal conduct of his office. We
therefore answer your second question In the affirmative.
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Honorable Jack Young, Page 3 (c-683)
SUMMARY
In the absence of a sta~tutorypro-
vision setting forth the amount to be
paid the court reporter for preparing
a statement of facts and transcripts,
In cases Involving paupers, a reason-
able amount should be paid. The trial
Judge can certify In Its order what
that reasonable amount should be.
It Is a proper expenditure of county
funds to pay for an addltlona,lcopy of
such statement of facts for the use of
the District or County Attorney In those
Instances where a copy thereof la a rea-
sonable expense necessary In the proper
and legal conduct of their off'lcta.
Yours very truly,
WAGGONER CARR
Attorney General of Texas
Aaslstant'Attorney General
GJP/dt
APPROVED
OPINION COMMITTEE
W. V. Geppert, Chairman
Malcolm Quick
Robert E. Owen
Sam Kelley
John Banks
APPROVED FOR THE ATTORNEY GENERAL
BY T. B. Wright
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