## THEATTORNEYGENERAL OF TEXAS
AUSTIN 1s. T-s WILL WILSON **ATlPORNRY ‘** **3RNRllAL** July 

### 7, 1960

Mr. N. F. Foster County Auditor Smith County Tyler, Texas

Dear Mr. Foster: OpinionNo. W-874
Re: Whether the County Audltor of Smith County can approve for payment a claim by a court reporter for a transcript of a tape recordingunder facts submitted.
You have requested an opinion from this office as to whether the amount of $ou can approve for payment a claim in

5.25 submittedby the Court Reporter of the Court of DomesticRelations in Smith County, for the transcript of a tape recordingwhich the Criminal District Attorney of Smith Countyauthorizedher to transcribe. You state further that this was a transcription of a radio broadcast by the owner and operator of the Starlight Clubwhose club was involved in a raid by all departments of the law enforcement of Smith County during themonth of March, 1960, and that two criminal caseswere filed as a result of such raid.

Article 2324, Vernon's Civil Statutes, sets forth the duties of a court reporter for which the reporter is compensatedby the State. These duties evidence only serviceswhich are Incident to the trial of a case in the courtwhich the reporter Is appointed to serve. However, a court reportermay contractwith other individuals for the performance of stenographic serviceswhich are not a part of his officialduties. AttorneyGeneral Opinions Nos. 

### O-4575,0-4575h,v-538and V-976. In our opinion, under the facts that you have described the court reporter is not prohibited frommaking a charge forwork done in transcribing the tape of a radio broadcast.

Accepting the fact that a court reporter can contractwith other individuals for the performance of stenographic duties outside of those assignedby the court or by statute, itmust be determinedwhether the Criminal District Attorney of Smith Countyhas the authority to order the transcribingby the court reporter of this radio tape. Under Article 3899, Section (b),Vernon's CivilMr. N. F. Foster, Page 2 

## (wW-874)

Statutes, a Criminal DistrictAttorney Is authorized to charge to his county all reasonable expenses necessary in the proper and legal conduct of his office:

"Eachofficernamed In this Act, where he receives a salary as compensation for his services, shallbe entitled and permitted to purchase or charge to his county all reasonable expenses necessary in the proper tnd legal conduct of his office

. . . According to the letter to you by the Criminal District Attorney,he thought that the transcript In questionwould be of material aid to his office in preparing for the trial of criminal cases. Under those circumstances, It is our opinion that the work in questionwas such thatwould authorize the District Attorney to charge It to the County.
SUMMARY
A court reporter,upon authorizationby the proper official,may make a claim against the county for compensation for stenographicduties performed for the Criminal District Attorney outside of those duties prescribedby the court or by statute.
Yours very truly,
WILL WILSON AttorneyGeneral of Texas

JCS:mm
APPROVED:
OPINION COMMI'M'EE C. K. Richards, Chairman Mary K. Wall Marietta Payne Fred Werkenthln Assistant

REVIEWED FOR THE ATTORNEYGENERAL BY: Leonard Passmore