Gerald C. Mann
Ron. D. Richard Voges Opinion No. O-3975
county Attorney Re: Into what county fund should
Wilson County trial fees o,f the various justices
Floresville, Texas of the peace and the county judge
be paid?
Dear Sir:
Your letter of September 8, 1941, requesting an opinion
of this department on the above stated question reads as follows:
“Will you please advise me into what County Fund,
the trial fees of the various justices of the peace end
the County Judge should be paid to?
“Article 1628, V .A.C.S., provides for the Classifl-
cation.of Count,y Funds, and reads as followsr
“‘The Funds received by the County Treasurer shall
be classed as follows, and shall be appropriated, re-
spectively, to the payment of all claims registered in
the first, second and third classes:,
“‘1. All jury fees, all money received from the
sale of estrays, and all occupation taxes.
“‘2. All money received under any of the provi-
sions of the road and bridge law, ---- and all fines and
forfeitures.
39 All money received,
I* I
not otherwise appropri-
ated herein or by theCommissioners court. *
“Attorney General’s Opinion, O-634 To S-T. Denny,
County Auditor, Houston County, dated April 20, 1939,
reads:
“‘The trial fees provided for by Article 1074,
C.C.P., must be collected and paid over in the same man-
ner as in the case of a jury fee and such fees cannot be
legally paid into several separate specially created
funds for each individual justice of the peace. The jus-
tice of the peace is entitled to receive his trial fees
provided by Article 6052, C.C.P., by draft upon the County
Treasurer. t
Hon. D. Richard Voges, page 2 (O-3975)
“Based upon the above opinion, ‘paid over in the
same manner as in the case of a jury fee’ it seems
that the trial fees collected must be placed in the
jury fund.
“Please advise me whether the trial fees may be
placed in the General fund out of which the justices
of the peace are paid?”
Our opinion No. 0-634, which is referred to in your
letter, does not pass upon the question presented in your inquiry.
That opinion does not hold that the trial fees provided for by
Article 1074, Code of Criminal Procedure, must be placed in the
jury fund. In that opinion, we had under the consideration the
following question:
“Can trial fees provided by Art. 1074, C.C.P., for
justices of the peace be paid into the specially cre-
ated funds mentioned, and how should the justices of the
peace be paid under the facts set forth?”
We are enclosing a copy of the above mentioned opinion
for your information.
kticle 1074, Vernon’s Code of Criminal Procedure, pro-
vide s:
“In each case of conviction in a county court, or
a county court at law, whether by a jury or by a court,
there shall be taxed against the defendant or against
all defendants, when several are held jointly, a trial
fee of Five Dollars, the same to be collected and paid
over in the same manner as in the case of a jury fee,
and in the justice court the trial fee shall be the sum
of Four Dollars.”
Article 1052, Code of Criminal Procedure, provides in
effect th,at the county judge, or the judge of the court at law,
shall be paid Three Dollars by the county for each criminal action
tried and finally disposed of before him, and such statute further
provides that justices of the peace shall receive Two Dollars and
fifty cents in all counties having a population in excess of 20,-
000 inhabitants and Three Dollars in all counties having a popula-
tion of 20,000 inhabitants or less, for each criminal action tried
and finally disposed of before him, such fees to be paid by the
county when such claims are filed in compliance with said article.
This statute imposed an obligation upon the county to pay the fees
provided therein for each criminal action tried and finally dis-
posed of before such judge or justice of the peace, and the county
Hon. D. Richard Voges, page 3 (o-3975)
owes this fee to the judge or justice of the peace regardless
whether the trial fee as provided by &ticle 1074, Code of Crimi-
,nal Procedure, supra, is collected or not.
Article 1077, Code of Criminal Procedure, reads as fol-
lows:
“A jury fee shall be collected as other costs in
a case, and the officer collecting it shall forthwith.
pay it to the County Treasurer of the county where the
conviction was had.”
Article 1073, Code of Criminal Procedure, provides:
“In each criminal act ion tried by a jury in the
district or county courts, or county court at law, a
jury fee of Five Dollars shall be taxed against the de-
fendant if he is convicted.”
Article 1075, Code of Criminal Procedure, provides:
‘iIf the defendant is convicted in a criminal action
tried by a jury in a justice court, a jury fee of three
dollars shall be taxed against him.”
None of the above mentioned articles which authorize the
collection of the jury fee provide that the fee when collected
shall be credited to the jury fund when paid to the County Treas-
urer by the collecting officer. It is Article 1628, supra, which
commands the Treasurer to credit the jury fund with the fee when
collected. Likewise A rticle 1074, Code of Criminal Procedure,
when construed with Lticle 1077, supra, does not direct the Treas-
urer to credit trial fees when received by him to any particular
fund, but Article 1628, supra, does direct the Treasurer to credit
the general fund with such fees when so received by him unless
otherwise approprlated by the statute or by the Commissioners’
court. The statute has not “otherwise appropriatedI trial fees.
He do not know whether the Commissioners * Court of your county has
done so. If not. the trial fees must be credited to the general
fund of the county.
This opinion is limited to counties whose officers, both
county and precinct, are compensated on a fee basis.
Our opinion No. O-3435 supports the conclusion reached
herein, and we enclose a copy of this opinion for your informatlon.
Hon. D, Richard Voges, page 4 (O-3975)
Trusting that the foregoing fully answers your inquiry,
we are
Yours very truly
ATTORNEY GENERAL OF TEXAS
By /s/ k-dell Williains
Ardell Williams, Assistant
APPROVED OCT 1 1941
/s/ Grover Se1iers
FIRST ASSISTAHT ATTOBNEY GENERAL
APPROVED;OPINION COMMITTRE
BY: BWB, CHAIRMAN
AW:GO:wb
ENCLOSURE