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. :~!.,