Untitled Texas Attorney General Opinion

Bon, George H. Sheppard, Comptroller of Public Accounts, Austin, Texas opinion No. v-354 R0: Reimbursementof travel er- psnses of a DistTiot Attor- ney for travel to Austin in connectionwith cases whioh he ,proseoutedin the trial oourt and whioh bad been reverse& OA appeal4 DearSir: From your letter presenting the above'&&- ter ror an opinion by this department,we take the fol- lowing statement of the Distriot Attorney: "The three trips to Austin, two of whioh occurred in 1945, snt¶one in 1946, were made in connectionwith three oriminal oases whioh I h&proseouted in the trial court ana whioh WQP~ reversea by the Court of Grim, Appeals. The trip in 1945 was in connectionwith a notion for re- . hearing, an8 the other two trips were for the purpose of discussing the reinaiot- ment of the defendants with the State's Attorney and the judges of the Court of Criminal Appeals; In both of these lat- ter oases the court had indioatsd that the inciict5entswere defective but had not explaiksd in what way they were defeo- tive. These were irrrportantcases and I deemed it necessary to seoure the inform-. ation before reindicting the~aefendants. Both defendants have been'reindioted.One has been tried and acquitted ana the oth- er is still pending trial," Artiole 6820, Revised Civll,Statutesof Texas, insofar as pertinent, is as follows:~ .. 3Ian.George Zr:Sheppard - Page 2 (W554) ~%I.?.1 district judge6 and district attorney8when eneageed in the dksoharge 0T the.ixof$foial duties in any county in this state other than the county rif their residenoe, shall be alLowed their acttin and necessary expdrnseswhi3e aa- t,w!LLyeagag8.din the discharge ~9 such a%t:e~cr1 s ,m ‘%?aohdistrlcxtatto.rWy &i&11 rep+ the State Ln all a&m&r& cases rese.nt, ig thz aiatri0t Ooyrte of M3 bfetrfot . *; f “The Court of CriminalAppeals shall appoint an attorney to represent, the State in all prooeeflfngs before said court, to be styled ‘State Prose- outing Attorney,*n Construing these statutes this department advfsea you under data of Ootober 25, 1935, that: n such Uatrfot Attorney would not b; &clkitledto his milaage and expenees while ongaged in appearing before the f;;y of Criminal. Appeals as Article a 2wis0a civzz statutm or Tkmh3, 5ciko)sLitthe duty of .theState Proseout- ing Ltkornoy to ri;presentthe Eltate-to all pGxte&&g~ before $3id oourt+ %%e set of aaid diatrlot attorney in, follawina up Us cama, wtLSZeoommend- able, 13 not the oPfl4aL duty o? said attorheg and the GomptrolLexwould not.bta authorities to pay the same,* .%, :. ‘? “I . iq any offioial duty when he traoeXed beyond hia WV- triot to appear before the Court of Orlm5.ml.~peal~ -fn , c . Bon. Gf$or&3ri.Sheppard - Page 3 (V-354) CommctioE uith 8~SIK&.O~’ for rehearing, DOr whQ0 he made similar trips for the purpose of dieouasbg thr roindiotnoAt or the &fondants with the State*8 At- torney and tko Judges of the Court of Crimihal Appeals. Xis solicitudewas comondable, but .his trips iverBIlot $a, in the disoharge o?,a duty imposed upon hlihby . a .. 0~ Opinion No; i-306 of date July '16,'1947; ad&reseed to Zoa. Lsslio D. Wll.it~@, DSstrlo,tAttorney, Dranhazi,'Pox?ii>, is r;otto be CohstMled as beihg ia COP fliat with anything we have said in thie.opinion. Cur holdi&p in tlzt opitioa.merely advised the Distriot At- torney.thatf "You are entitle8 to oharge ana reoeive 'your aotual'aml necessary expenses &ile engaged in dis- charm of 'Yourduties in oounties outaids of Your home coun%yj noi to exaesd, of .pourse; the lititationeas to auouhts speois?feUin the statute." We merely assumed the District Attorney1s ,aonalusionthat he wae on offi- . ; .aialbusiness, an8 exprdsslg state& in the opinion "We cannot be specifio as to items tor the reason that you state ho items." The opinion', howeYe,r,ie probably oap- able of a construotionin cotillat wkth our'qotialusion in this 'opigioh,but such was not the intsntfoa:of the opinion in.t,helight .of the puotatloosthwefron above maae: .' *, : SiJMMAIiY ‘A. dietriat attorney is hot enti'tle8to payment, or W&burqement ior pay&e& of &is *travel o&Tenses from the oouatp at his z%ai- den00 to AU!d?iIl i!& $OM%OtiOil With a ElOtiO!l for I'ehearing,or for thi3purpo8e of &iSousdt .G:~ ing tkil3Jaitter6s rsinaiotmentof+%sfeailit6 .. .,''* ..: "'!with the Stat.e*a,Attornayand the Judges of the Court of Criminal Appaals, in 08888 prose- mted by him which had beetireveza& Rev. :. Civ; Stat:, krt. 6820; Code C.xim,WOO., Art. 23i Rev..C5.v..Stat.;&rt. ,181la . Ycyrs very truly, X&&AS s34JdBNT .(. ATTORNEY Gl!%EBAL osiwq :.'.i. :~!.,