Honorable James E. Barlow Opinion No. c-375
Criminal District Attorney
Bexar County Courthouse Re: Whether, in a criminal
San Antonio, Texas case on change of venue,
the county from which
venue is changed must
reimburse the county in
which the trial is held
~~~~:z%:Kyses
I expenses (Art.
1038 C.C.P.); and fee
for ap ointed counsel
Dear Mr. Barlow: (Art. &&a C.C.P.)?
You have requested an opinion "as to what expenses,
incurred by a county to which change of venue is made under
Art. 560 c.c.P., must be reimbursed by the county from which
venue was changed." You state that there are three specific
ou are interested in, to-wit: (1)
s~~~~~~O~fe~P,~~~~~r~~~*~ Food and Lodging of Jurors; and
Cornensation of Appointed Counsel. We will deal with
each class in the above order.
Articles 560 to 563, Vernon's Code of Criminal
Procedure, provide for a change of venue under certain
circumstances.
(1) EXPENSES OF PRISONERS: Vernon's Code of
Criminal Procedure contains five Articles that govern expenses
of prisoners from another county. Article 1037 recites:
"Each county shall be liable for all expense
incurred on account of the safe keeping of prisoners
confined in jail or kept under guard, except prisoners
brought from another county for safe keeping, or on
habeas corpus or change of venue; in which cases, the
county from which the prisoner is brought shall be
liable for the expense of his safe keeping." (Emphasis
added)
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Hon. James E. Barlow, page 2 (C-375)
Article 1040 recites in part:
"For the safe keeping, support and maintenance
of prisoners confined in jail or under guard, the
sheriff shall be allowed the following charges:
n. . .
"2 . For support and maintenance, for each
prisoner for each day such an amount as may be
fixed by the commissioners court, provided the
same shall be reasonably sufficient for such
purpose, and in no event shall it be less than
forty cents per day nor more than seventy-five
cents per day for each prisoner. The net
profits shall constitute fees of office and
shall be accounted for by the sheriff in his
annual report as other fees now provided by
law. The sheriff shall in such report furnish
an itemized verified account of all expenditures
made by him for feeding and maintenance of
prisoners, accompanying such report with
receipts and vouchers in support of such items
of expenditure, and the difference between such
expenditures and the amount allowed by the
commissioners court shall be deemed to constitute
the net profits for which said officer shall
account as fees of office.
“3 . For necessary medical bill and
reasonable extra compensation for attention
to a prisoner during sickness, such an amount
as the commissioners court of the county where
the prisoner is confined may determine to be
just and proper.
For reasonable funeral expenses in
case i!'death."
Article 1042 states:
"The sheriff shall pay the expenses of
jurors impaneled in cases of felony (except
when they are paid by the juror himself), the
expenses of employing and maintaining
- a guard,
ing articles.
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Hon. James E. Barlow, page 3 (C-375)
Article 1048 provides:
"If the expenses incurred are for the safe-
keeping and maintenance of a prisoner from
another county the sheriff shall make out a
separate acco& therefor, and submit the same
to~the county judge of his county, who shall
carefully examine the same, write thereon his
approval for such amount as he finds correct
and sign and date such approval officially."
(Emphasis added)
Article l&p reads as follows:
"The account mentioned in the preceding,
article shall then be presented to the commis-
sioners court of the county liable for the same,
at a regular term of such court; and such court
shall, if the charges therein be in accordance
with law, order a draft issued to the sheriff
upon the county treasurer for the amount allowed."
-(Emphasisadded)
It is our opinion that all of the above articles are
to be considered together in determining the liability for
exnenses of nrisoners from another county. Certainly the
the county in which the criminal action originated.
(2) FOOD AND LODGING OF JURORS: Vernon16 Code of
Criminal Procedure also contains four Articles that govern
the expenses of a jury that has been impaneled to hear a case
on change of venue from another county. Article 1038 states:
"The Sheriff of each County shall, with the
approval of the Commissioners Court, provide food
and lodging for jurors empaneled in a felony case
and jurors so empaneled shall be paid as other
jurors are paid, in addition to such food and
lodging e” (Emphasis added)
Article 1042, Vernon's Code of Criminal Procedure, recites:
"The sheriff shall pay the expenses of jurors
impaneled -in cases of felony [except when they are
paid by the juror himself), the expenses of employing
and maintaining a guard, and to support and take care
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Hon. James E. Barlow, page 4 (c-375)
of all prisoners, for all of which, he shall be
reimbursed by the proper counte according to
the rates fixed in the two preceding articles."
(Emphasis added)
Article 1050, Vernon's Code of Criminal Procedure, reads
as follows:
"In all causes where indictments have been
presented against persons in one county and such
causes have been removed by change of venue to
another county, and tried iherein, the county from
which such cause is removed shall be liable for all
expenses incurred for pay of jurors in trying such
causes." (Emphasis added)
Article 1051, Vernon's Code of Criminal Procedure, provides:
The foregoing Articles taken together clearly state
that the County from which venue has been changed, shall pay
for the jurors' food and lodging.
(3) COMPENSATION OF APPOINTED COUNSEL: Article 494a
of Vernon's Code of Criminal Procedure, clearly states that
appointed counsel shall be paid by the County wherein such trial
is held. Article $#+a recites in part:
n
The fee allowed counsel shall be paid
by the'co&ty wherein such trial is held and such
sum to be paid from county funds, where such funds
are available.
11
. . . ' (Emphasis added)
In a trial tried on change of venue from another
county, the county in which the criminal action originated is
responsible for the expenses of the prisoner and the costs of
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Hon. James E. Barlow, page 5 (c-375)
,food and lodging for the jurors. However, the county wherein
the trial is held is responsible for the compensation of
appointed counsel.
The county in which a case originated is
liable for the expenses of keeping the prisoner
and for the costs of food and lodging for the
jurors where such case ;Ew,";;;dfn another county
on a change of venue. IIIsuch a case,
the county wherein the trial ii held is liable for
the compensation of appointed counsel.
Yours very truly,
WAGGONER CARR
Attorney General
By & "w--
Roy B. Johnson
Assistant
RBJ:sj
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Howard Fender
Malcolm Quick
Kerns Taylor
James Strock
APPROVED FOR THE ATTORNEY GENERAL
BY: Stanton Stone
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