THEATTORNEY GENERAL
OPI‘EXAS
February 21, 1962
Honorable T. W.Bullington Opinion NO. ~~-1265
County Attorney
Benjamin, Texas Re: Whether a Justice of
the Peace is entitled
to receive a $4.00
trial fee for each
criminal case filed
in his court and dis-
missed at the request
of the county attorney
Dear Mr. Bullington: and related questions
You have requested an opinion on the following
questions:
"Question No. One - Is a Justice of
the Peace entitled to receive a $4.00
trial fee for each criminal case filed in
his court and dismissed at the request
of the County Attorney?
"Question No. Two - Is a Justice of
the Peace entitled to receive a $4.00
trial fee for each criminal case filed
in his court and dismissed by himself?
"Question No. Three - Is a Justice of
the Peace entitled to receive a $4.00
trial fee for a criminal case filed in
his court, and at a later date it is
determined that a criminal offense had
not been committed, and said case is
dismissed by request of the County
Attorney?
"Question No. Four - Is a Justice of
the Peace entitled to receive a $4.00
trial fee in any criminal case tried
which an acquittal is had when the State
of Texasis not. represented by its County
Attorney or his assistant, the District
Attorney or his assistant?"
Hon. T. W. Bullington page 2 WW-1265
The question of payment of fees to the Justice of
the Peace when there had been a dismissal was fully
answered in Attorney General's Opinions No. O-391 and
O-6096. We are enclosing copies of these opinions
for your information. To quote from Opinion No. o-6096:
"The plain and specific language of
Article 1052, supra, is that the judge and
justice of the peace must both try and
finally dispose of the case before him to
be entitled to the fee provided therein."
We reaffirm our previous opinions that upon dis-
missal at the request of the County Attorney or Justice
of the Peace there is not a trial or disposition within
the meaning of Article 1052, Vernon's Code of Criminal
Procedure. See Brackenridge v. State, 11 SW 630, (Ct.
App. 1889).
As to Question No. Four, the langauge of Article
1052, V.C.C.P., is clear and unambiguous. The Commis-
sioners Court shall not pay any amount or trial fee in
any case tried in which an acquittal is had unless the
State is represented by counsel as set out in the Statute.
In conclusion, all your questions are answered in
the negative.
SUMMARY
Under Article 1052, Vernon's Code of Criminal
Procedure, the Justice of ,the Peace is not
entitled to a trial fee if the case is dis-
missed.
The Commissioners Court shall not pay any
trial fee in any case tried in which an acquittal
is had unless the State is,represe+ed by counsel
as set out in Article 1052, V.C.C.P.
Yours very truly,
WILL WILSON
Attorney General of Texas
Irwin R. Salmanson
1RS:bjh Assistant Attorney General
. -
Hon. T. W. Bullington page 3 W-1265
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Riley Eugene Fletcher
Elmer McVev
L. P. Loll&
Bill Allen
REVIEWED FOR THE ATTORNEY GENERAL
BY: Houghton Brownlee, Jr.