AUSTIN. TSXAS 78711 

The Honorable Royce Adkins 

District Attorney 

39th Judicial District 

Haskell, Texas 79521 

Dear Mr. Adkins: 

July 25, 1973 

Opinion NO. H- 69 

Re: Whether Court Reporter 

is entitled to be paid for 

preparing a Statement of 

Facts in connection with 

an application for writ 

of habeas corpus under 

Article Il. 07, V. C. C. P. 

Your letter requesting our opinion asks whether a court reporter 

who prepares a transcript of the evidence at a hearing on a writ of 

habeas corpus is entitled to be compensated for it by the county. 

Article Il. 07, Vernon’s Code of Criminal Procedure, governing 

the procedure for taking evidence on writs of habeas corpus, in pertinent part reads as follows: 

“It shall be the duty of the official court 

reporter of the district judge or judges so designated to forthwith prepare a narration of the 

facts adduced in evidence upon any suchhearing 

and transmit the same, together with the judge’s 

finding of fact and conclusions of law, to the 

clerk of the Court of Criminal Appeals within 

ten days of the date of such hearing.” 

As your request notes, Article 11.07 fails to specifically provide 

payment to the court reporter in the case of an indigent petitioner, as 

compared to the provisions of Article 40.09, V. C. C. P., (dealing with 

the preparation of a Statement of Facts for use on direct appeal from 

the trial court): 

p. 296 
The Honorable Royce Adkins, page 2 (H-69) 

“A party desiring to have included in the 

record a transcription of notes of the reporter 

shall have the responsibility of obtaining such 

transcription and furnishing same to the clerk 

in duplicate in time for inclusion in the record 

and defendant shall pay therefor. The court 

will order the reporter to make such transcription without charge to the defendant if the court 

finds, a&ter hearing in response to affidavit by 

defendant, that he is unable to pay or give security therefor. Upon.certificate of the court that 

this service has beeh rendered, payment therefor shall be made from the general funds by the 

county in which the offense is alleged to have 

been committed. The court reporter shall report any portion of the proceedings requested by 

either party or directed by the court. (emphasis 

added). 

There are no Texas cases dealing with this particular situation. 

However, there is authority indicating that court reporters may obtain 

compensation for preparing a transcript of proceedings even if not a 

part of his official duties. See Attorney General’s Opinion No. V-976 

(1949). 

In McCoy v. State, 2 S. W. 2d 242 (Tex. Crim. 1928), it was held 

that a court reporter may have official duties which extend beyond the 

express statutory requirements which would rest largely within the discret~ion of the trial court, Attorney General’s Opinion No. WW-702 

(1959) stated that services for taking and transcribing depositions for 

the State could be legally paid for by the Comptroller in accordance 

with the fees prescribed in Article 2324, V. T. C. S. Obviously the question presented in your request is not answered directly by these authorities since there is the express statutory require’ment of Article 11.07 

that the court reporter prepare a Statement of Facts. 

p. 297 
The Honorable Royce Adkins, page 3 (H-69) 

Article 16.09, V. C. C. P., requires the reducing to writing of 

testimony given at an examining trial. As noted in Attorney General’s 

Opinion No. M-303 (1968) : 

II 

. . . [A]n official appointed court reporter 

who is required by the Magistrate to transcribe and 

give the court the ‘original’ Statement of Facts is 

entitled to reasonable compensation for his services 

to the court aside from any private arrangement he 

may have with defense counsel. 

“The examining trial is an official hearing 

authorized by law. Once a reporter is officially 

appointed by the Magistrate his Statement of Facts 

become the work product of the court and may not 

be withheld for the private advantage .of defense 

counsel. ” 

An Article 11.07 habeas corpus hearing is “an official hearing 

authorized by law. ” The court reporter’s Statement of Facts becomes 

“the work product of the court. ” Therefore such transcripts should be 

on an equal basis with transcripts of an examining trial .(Attorney General Opinion V-976 (1949), a tape recording of a radio program (Attorney General Opinion WW-874 (1960) when ordered bythe iiotrict attorney. 

See Attorney General’s Opinion WW-1334 (1962). 

It is our opinion, therefore, that a court reporter who prepares a 

statement of facts reflecting the testimony given at a hearing on a writ of 

habeas corpus is entitled to be compensated for it by the State or County. 

SUMMARY 

A court reporter who prepares the narration of 

the facts adduced in evidence at a hearing on a writ of 

p. 298 
The Honorable Royce Adkins, page 4 (H-69) 

habeas corpus under Article Il. 07, V. T. C. C. P., 

is entitled to be compensated for its preparation 

by the State or County. 

Very truly yours, 

APPI$@VED: 

DAVID M. KENDALL, Chairman 

Opinion Committee 

p. 299