Honorable C. W. Karisch Opinion No. C-451
County Attorney
Waller County Re: Whether a County may lawfully
Hemps tead, Texas pay fees of $25.00 per day for
each day in Court to counsel
appointed to defend persons in
felony cases where the defen-
dant pleads guilty and is tried
Dear Mr. Karisch: before the Court.
You have requested an opinion of this office regarding the above
question. Article 494a, Section 1, Vernon’s Code of Criminal Procedure,
as it appears in Acts 1951, 52nd Leg., ch. 19, p. 52 providedas follows:
“Whenever the Court shall appoint one
or more counsel todefend any person or
persons pursuant to law in any felony case
in this State, each counsel may, at the dis-
cretion of the trial judge, be paid a fee in
the sum of Ten Dollars ($10) per day for
each day such appointed attorney is actually
in trial court representing the person or
persons he has been appointed to represent.
Provided, further, that in-all cases wherein a
bona fide appeal is actually prosecuted to a
final conclusion, each appointed counselmay
be paid Twenty-five Dollars ($25) for said
appeal. , . .‘I
Article 494a, Section 1, as it appears in Acts 1959, 56th Leg., 2nd C.S.,
ch. 31, p. 147, provides in part as follows:
“Whenever the court shall appoint one or
more counsel(s) to defend any person or per-
sons pursuant to law in any felony case in this
State, each counselmay, at the discretion of the
trial judge, be paid a fee in the sum of Twenty-
five Dollars ($25) per day for each day such
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Hon. C. W. Karisch, page 2 (C-451)
appointed attorney is actually in trial court
representing the person he has been appointed
to represent. Provided, further, that in all
cases wherein a bona fide appeal is actually
prosecuted to a final conclusion, each appointed
counsel may be paid One Hundred Dollars ($100)
for said appeal. Provided, however, on pleas of
guilty before the court, said appointed counsel
may bepaid TenDollars ($10) per case. . . .I’
(Emphasis added)
Moreover, the title of the 1959 version of Article 494a stated:
“An Act amending Article 494a, Vernon’s
Code of Criminal Procedure, increasing attorney
fees for representation of indigents accused of
felony offenses; providing that attorney fees may
be paid; providing for fees on pleas of guilty;
repealing all laws or parts of laws in conflict
herewith; expressly repealing Section lA of
Chapter 19, page 25, Acts of the Fifty-second
Legislature known as Section lA of Article 494a,
Vernon’s Code of Criminal Procedure; and de-
claring an emergency.” (Emphasis added)
It is elemental that there is no room for construction of a statute
when the law is expressed in plain and unambiguous language and its
meaning is clear and obvious. 53 Tex.Jur.2d 174 and cases there cited.
It is also basic that the title of an act may be considered as a guide in
circumstance showing legislative intent. 53 Tex.Jur.2d 248 and cases
there cited. It should also be noted that a proviso is substantially an
exception. 53 Tex.Jur.2d 210.
Based on the above where a felony is involved, a County may lawfully
pay appointed counsel $10 per case on pleas of guilty before the Court.
SUMMARY
A County may not lawfully pay fees of $25.00
per day for each day in court to counselappointed
to defend persons in felony cases where the
defendant pleads guilty and for trial before the
court.
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Hon. C. W. Karisch, page 3 (C-451)
Very truly yours,
WAGGONER CAR R
Attorney General of Texas
JPB:sss
APPROVED:
OPINION COMMITTEE
George W. Gray III, Acting Chairman
Harold Kennedy
Malcolm Quit k
Gordon Cass
Linword Shivers
APPROVED FOR THE ATTORNEY GENERAL
BY: T. B. Wright
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