TEXEATTOECNEY GENERAL 

OF TEXAS 

~-882 

PRICE DANIEL 

AUSTIN 11. 'I-EXAS 

ATT0RNEY GENERAL 

November 3, 1947 

Eon. R. Y. King 

County Attorney 

Donley County 

Clarendon, Texes 

Opinion No. V-421 

Re: Disposition to be made 

of fees of the county 

attorney which eccruca 

during the interim between the aesth of the 

Deer Sir: 

county attorney and the 

appointment of his succeasor. 

We refer to your letter of Ootober 17, 1947, 

which reads In pert as follows: 

"On October 3rd. the ooupty attorney of 

Don&County died; on October 13th. the commissioners ' court appointed another county 

attorney leaving ten dars without eny county 

attorney. On October 7th the sheriff arrested two men, one for drunkenness in a 

public place, and one for driving e motor 

vehlole while under the influence of intoxicating liquor; both men plea guilty and peid 

their fines and in both cases a fee wea collected for the county sttorney. In the case 

of drunkenness In 8 public plebe the sheriff 

alone signed the complelnt. In the ceae of 

ariving while intoxicated, the Distriot Attorney signed the lnformstion but he did not 

llve in the county and WRS not in the county 

at the time of the trial. 

"To whom do those attorneys fees belong? 

To the District Attorney? To the County Attorney? To the county ss general funds? Qr should 

they be returned to,,the defendant as fees improperly collected? 

With reference ti, your question in the case 

where the sheriff done signed the complaint end the county attorney took no pert therein, this Depsrtment held in 

Opinion No. O-4599, where the county attorney was in the 

tamed forces, thet: 
- 

Hon. R. Y King - Page 2 (V-421) 

"2. If the county sttorney has not 

tsken any ection in such a cese end is not 

present end reedy to represent the Stete 

at A regular term of the justice court end 

a defends& pleads guilty at such regular 

term the county attorney would not be entitled to the fee. Nor would the county be 

entitled to the fee. If no fee is due the 

county attorney it should not be charged 

agsinst the defendent." 

Therefore, since there wss no cotity ettorney 

of the county on October 7, nor hed one taken any part 

whatsoever in the case, end under the foregoing opinion, 

it is the opinion of this Depe,rtment that the Defendant 

could not legelly have been charged a fee for the county 

attorney and the $10.00 allowed the county attorney under 

Article 1061, C.C.P , and the ten percent of the fine allowed under Article 950, C.C.P., should be returned to 

the defendant in said cese. 

In the case of driving while intoxiceted, the 

district attorney signed the inform&ion, which may legelly be done. See Cody v State, 47 S W (28) 297. Donley County Is Included in a district In which there is a 

district ettorney end Article 1061, C.C.P., is es follows: 

"District and county ettornegs shall 

be allowed the following fees in cases tried 

in the district or county courts, or a county court et law, to be taxed against the aefende.nt: 

"For every conviction under the lsws 

ageinst gaming when no eppeal is taken, or 

when, on appeal, the judgment is affirmed, 

fifteen dollars. 

'For every other conviction in cases of 

misdemeenor, where no appeel is taken, or 

when on eppeal the judgment is affirmed, ten 

aollers." 

Therefore, under the above Article end the oplnion No. O-4599. It is the opinion of this Department thst 

the district ettorney eerned the $10.00 fee as well as the 

t&n per cent commission in this cease. 
. - 

Hon. R. Y. mag - Page 3 (V-421) 

"$t aMU be the, but 

Artiolr,Js861, V.Q.I., provide8 that the dirtrlct attoraoy shall be 00 ,LI salary brrlr. 

Seotlon 3 OS *alO Aot~pawidar a4 r0ii0v8f 

“SIO. 3 

ulaites 

ui fa, 00n~88i8n3 8~ +- 

s istrlot 

whit& may be raaard e.ob oo&leotrd b

Attorneyb ~affaotrd ?q .thlr Aesd rhr% T 

be paid iAt thr &3untJ @oaifMf of the OO~Dtkes in whioh such,i@Os,am l a?@ed .fos the 

'aooouiat or the propez? fund.’ 

spinion of 

Th+Morr * la vmr of the fomgolng~, it l,r ,the ,, 

thla. Departmat that the. dirtrict attitfiwy 

ctmaot. pem~onally retain such fee ad aomissgiaa byt 

should cgllrot the mad aw ,pay, it into ~the oountf troar.- 

uryof yew? oounty. ‘, 

DalrY bectlon 24 of Artictd SOP our State 

Censtltutlon, said money shouU be .credltetl to the Road 

ati Brfage, Fu@l of your cbuzity. .(Attorney Qeneral OpS.aion lo. O-6940) 

Upon the death of the county sttorney 

and before the sppolntment of his successox?, 

attorneys fees, collected in the county oourt 

upon’ 8, plea of guilty should be, .returnod to 

the defendent, If the sheriff was thi’p~i?soa 

who signed the conplaint. 

bre the oounti attorney I,# Urrd atid 

the district attorney sl ,yed the intonation 

in a case in county m3z.r and the d?fsnaant, 

pLeaas guilty, tha atitornoJ’8 gee arid odnanls- 

.sion should be. ooLlqcte4 an6 pal4 into the 
Hon. R. Y. King Page 4 (V-421) 

county treesmy to the credit of the 

and Bridge Fund of the county. Sec. 

Art. 3912e; Sections 1 and 3 of Art. 

V.C.S. 

Very truly yours 

ATTORNEY GENERAL OF TEXAS 

BA:djm 

BY &X$fiUQkLe, 

Bruce Allen 

Asslstent 

APPROVED: 

ATTORNEY GENERAL