Hon. James C. Martin
County Attorney
Nueces County
Corpus Christi, Texas Opinion No. V-976
Re: Authority of Commissioners’
Court to pay the District
Court reporter for a trans-
cript of evidence taken in an
examining trial for the Dis-
trict Attorney before a Jus-
Dear Sir: tice of the Peace.
Your request for an opinion reads in part as follows:
“Mr. Paul C. Clendening, official Court Reporter
for~the 28th District Court of Nueces County has billed
Nueces County for a transcript of evidence taken in an
examining,trial before a local Justice of the Peace and
which was furnished,to’the~District Attorney to be used
inpresentment-before the Grard;Jury at its next meet-
ing. The amount of the’bill is .$~7,8.‘50, which was figured
at the rate,of $.I5 per 100 words in accordance with
provisions of Article 2324 of Vernon’s Annotated Civil
. Statutes. Mar. Calvin Ramfiehi, -the C,ounty Auditor of
~Nueces County, refused payment andforwarded the bill
to me for determination as ~to whether or not it could be
legally paid.”
You request an opinion as to whether such bill may be
paid.
We assume from the facts stated that the District Attorney
requested the official District Court reporter to appear at the examin-
ing trial and transcribe the testimony of witnesses m question and an-
swer form.
The question presented is whether the Commissioners’
Court has authority to pay the official District Court reporter for a
transcript of evidence taken in an examining trial before the Justice of
the Peace, the District Attorney having r,equested such reporter to pre-
pare the transcript in order that he might present the evidence to a
Grand Jury.
Hon. James C. Martin, Page 2 (Opinion V-976)
Article 25. V.C.C.P., makes it the duty of the District
Attorney to represent the State at examining trials. It provides:
*Each District Attorney shall repr~esent the
State in all &iminal cases in the district courts of
his district, except in cases where he has been be-
fore his election, employed adversely. When-
criminal proceeding --is had before -an examining
court in his district or before a judge upon habeas
corpus, and he is notified of the same, and is at the
time within the county where such proceeding is had,
he
-- shall represent the State therein, unless prevented
by other official duGs?&phasis ours)
Article 3899, Sec. b, V.C.S., provides in part:
“Each officer named in this act where he receives
- a salary as compensation for his service shall be en-
titled and permitted to purchase or charge to his coun-
ty all reasonable expenses necessary in the proper and
legal conduct of his office.”
:$,---~
In Attorney General’s Opinion No. V-538, the facts involved ~~.~~yz~
were these: A Justice of the Peace called an inquest and advised the .;q;~
county and district attorney of the date the inquest would be held. The ‘$?
&<~
county attorney desired to have the testimony of the witnesses trans-
cribed in question and answer form to aid and assist him .iir the prose- :,~.
cution of the case should a criminal charge result. For this purpose
he~n~~a.~o~er.fs-be~~~~:trtinacribe the ,testirnony. Sub- ‘~.:~
sequentlythe county .attorney decided not to file criminal charges. He ~~.,Q
.1
submitted the bill of the reporter to the Commissioners’ Court as a
L
.
Hon. James C. Martin, Page 3 (Opinion V-976)
It was pointed out in Taliaferro v. Hale, 47 S.W.Zd 340,
(Tex. Civ. App. 1932). that Article 2324, outlining the duties of the
official district court reporter, does not require him to make trans-
cripts of testimony in a lower court, and it is not part of his official
duties to transcribe such testimony. It follows therefore that the
court reporter in question was not engaged in the performance ~of
one of his official duties in the taking of testimony at the examining
trial.
In the light of the facts presented in your letter, we are
of the opinion that the district attorney may engage the district court
reporter to be present and transcribe the testimony of an examining
trial before a Justice of the Peace, and the district attorney may
certify such expense to the Commissioners’ Court for payment as a
reasonable expense necessary in the proper and legal conduct of his
office.
._
SUMMARY
The District Attorney may properly and legally en-,
gage the District Court reporter to prepare a transcript
of testimony of the witnesses at an examining trial before
the Justice of the Peace for future use in criminal pro-
ceedings. The Commissioners’ Court is authorized to
pay for such transcript, on proper certification from the
.District Attorney, as a reasonable expense necessary in
,the proper and legal conductof his :office.
Your:6 verytmily,,
ATTORNEY GENERAL ~OF TEXAS
pJ&+& +i=,.~+L$Lw&-
BY Frank A. b&Cracken,
Assistant
FAMc:v
APPROVED: