Untitled Texas Attorney General Opinion

OF EXAS Hon. Sam D. Johnson opinion Ho. s-51 County Attomey Hill county Re: The feea wNch should be Rillsboro, !Eexas paid a court appointed defenae attorney under Article 45&a, V.C.C.P.. when four separate felony causes against tha same defendant uere tried on Dear Sir: the same day. You have requeakd' an opinion on the amount of fees to be paid an attorney appointed to represent a defendant ln four separate felony cases when all four cases.were tried on the same day. Section 1 of Article *#a, Vernon's Code of Criminal Procedure, pro- vides: "Whenever the Court shall appoint one or more counsel to defend any person or per- aons pursuant to law in any felony case in thi8 State. each counsel may. at the 'discre- tion of thl!trial jMge be-paid a fee in the sum of Ten Dollars ($lOj 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 ir,actually prosecuted to a final concli&Ion, each appointed counsel may be paid Twenty-five Dollars ($25’) for Said appeal. The fee allowed counsel shall be paid by the county wherein such ttiialis held and such sum to be paid from county funds." (Emphasis added) It waa clearly the intention of the Legisla- ture In enacting Article %&a that each counsel stay,at the disbretion of the trial judge, be paid the fee of $10 per day for each felony case. In other words com- pennation provided in Article &%a is compensation for each felony case tried 'by an attorney appointed by the Hon. Sam D. Johnson, page 2 (S-51) trial court. Since the trial judge directed that a fee of $10 be paid in each cause under the facts submitted we agree with your conclusion that the attorney involved in your request is entitled to receive $10 per case per day in each individual appointment made by the court. SUMcwiY Under the provisions of Section 1 of Article 49&a, Vernon's Code of Criminal Procedure, an attorney appointed by the trial judge to represent a defendant in, four separate felony cases is entitled, in the discretion of the trial judge, to be paid the sum of $10 perday for each felony case tried by him, i.e., four felony caBes lasting for a period of one day Forty ($40) Dollars. Yours very truly, APPROVED: JOHN BEN SHEPPERD Attorney General J. C. Davis, Jr. County Affairs Division Willis E. Gresham Reviewer BeeF Assistant Robert S. T'rotti First Assistant John Ben Shepperd Attorney General JR:am