c 0 PP
Honorable E. H. Griffin
county Attorney
Young county
Graham, Texas
Dear Sir: Opinion Wo. 0-3140
Re: Fees of oounty judge and county
att'orneyunder fects stated.
Your request for opinion has been reoelved and
carefully aonsidered by this department. r:e quote from your
request as r0n0wS:
*On January 1, 1941, all county and pre-
cinct offioials in Young County, Texa&, were
placed by the Commlssloners~ Court on a fee
bEiSiS. Prior theretof, they had been oompen-
sated on a ealary basis. The following ques-
tion has arisen with reference to the County
Judge's trial fee as prescribed by Artiale
1052, as amended, C. C. P., and as to the
$X.00 fee due the County Attorney under Arti-
cle 1061, C. C. F., and the $5.00 fea due the
County Attorney by Virtue of Artiole 1068,
c. c. P., in the following fact situation:
“A oase Is filed in the County Court of
Young County, Texas, Deoember 15, 1940. The
defendant is arrested, makes bond, and on
January 15, 1941, oomes in the County Court
and enters a plea of guilty. Gnder those
facts is the present ‘CountyJudge entitled
to a $3.00 trial fee under Artiale 1052
c. c. P.; and is the present County Att&ney
entitled to a ree of #lo.00 under the provi-
sions of Article 1061, C. C. P.7"
The population of Young County, Texas, acoording
to the 1940 Federal Census Is less than 20,000 Inhabitants.
Honorable E. H. Griffin, Page 2
We assume from your letter that a judgment was
rendered upon the plea of guilty, was not appealed from and
became a final judgment.
Article 1052, Vernon's Annotated Texas Code of i
Criminal Procedure, reads as follows:
"Three Dollars shall be paid by the county
to the County Judge, or Judge of the Court at
Law, and Two Dollars and fifty cents shall be
paid by the oounty to the Justice of the Peace,
for each criminal action tried and finally
disposed of before him. Provided, however,
that In all counties havefng a population of
20,000 or less, the Justice of the Peace
shall reoeive a trial fee of.Three Dollars.
Such Judge or Justice shall present to the
Commissioners' Court of his county at a
regular term thereof, a written aocount
specifying each criminal action in which he
olaims suoh fee, certified by suoh Judge or
Justice to be correct, and filed with the
County Clerk. The Commissioners* Court shall
approve such aooount for such amount as they
find to be oorrect, and order a draft to be
issued upon the County Treasurer in favor
Of such Judge or Justioe for the amount so
approved. Provided the Commissioners* Court
shall not pay any account or trial fees In
any case tried and in which an aoquittal is
had unless the State of Texas was represented
In the trial of said cause by the County
Attorney, or his assistant, Criminal District
Attorney or ,hisassistant, and the certlfioate
of said Attorney is attached to said account
certifying to the fact that said cause was
tried, and the State of Texas was represented,
and that In his judgment there was sufficient
evidence in said'cause to demand a trial of
samo.w
Article 1061, Vernon's Annotated Texas Code of
Criminal Procedure, reads as follows:
"District and county attorneys shall be
allowed the following fees in cases tried in
the district or county courts, or a county
.
Honorable E. H. Griffin, Page 3
court at law, to be taxed against the defen-
dant:
"For every oonvlotion under the laws
against gaming when no a:peal is taken, or
when, on appeal, the judgment ic affirmed,
fifteen dollars.
*For every other conviction In oases
of misdemeanor, where no appeal Is taken,
or when on appeal the judgment is affirmed,
ten dollars."
It is our opinion that under the faots stated
and upon the assumption that the judgment was final the
resent county attorney would be entitled to a fee of
10.00 and the present county judge would be enti%led to
a fee of $3.00.
Very truly yours
ATTORNEY GENERALOFTEXAS
BY s/ Wm. J. Fanning
Assistant.
APFROVED FEB 21,1941
APPROVED: 'PINICN CC&%ITTEE
s/ Gerald C. Mann-
BY B'WB Chairman
ATTORNEY GENERAL OF TEXAS