Honorable Chiirles A. Allen Opinion NO.M-626 

criminal Didriot Attorney 

Harrison County 

P. 0. BOX 776 

Rer Quertione mlating to pay 

of court reporter for 

Marrhall, Texas 15670 transcribing testimony 

tsken befomi an examining 

Deax Mr. Allen: court. 

following 

quertioner 

Your request fbr an opinion aeka tge 

"1s a Court'Reporter entitled ,to COQpensation for tranrcrlbing testimony talken 

before an examining ooutt? 

"Aseuming that ths answer to the hbove 

queetion is 'yee', is the County obligakei3 

to pay the Court Reporter fees and, if ho, 

out'of what fund ia the fee payable?" 

Article 16.09 of the Code of CrimMal Fxocedute (applicable to an examining trial) provides; 

"The testimony of each witnese.shall be 

teduced to writing by or under the direction 

of the magistkate, and ahall then be read 

over.to the witness., or he may read it over 

'himself. Such corrections ehall be maQe in 

the same ae.the witness may dire&r and he 

ehall then sigkthe same by affixing thereto 

.hie name or mark. All tha testkmony thus 

taken shall be certified to by the mag&strate. 

In lieu ot the above provicrion, a atat&ent 

of fact8 authenticated by State and defense 

counsel and approved by the pteeiding magiatrate may be used to preserve the teat!Lmony 

. of ~witnesaee. " 

In' Attorney General's Opinion M-%48 (1968), we 

held that an official court reporter is entjitled to reaeonable 
Hon. Charles A. Allen, Page Z(M1'620) 

oompensation for his services rendered in taking and tranecribinq the testimony of witnes$ea in an examining trial 

proceeding under Article 16.09, V.C.C.P. 

Likewise, 

M-303 (1968): 

we held in Attorney General's opinion 

“A Justice of the Peace, sitting as a 

Magistrate, has the authority and mandatory 

duty to require examining trial proceedings 

to be.reduced to writing, certified, and 

delivered to the proper oougt. when a reporter is officially appoinfed'by the 

Magistrate, he must be paldja reasonable 

compensation for his services in preparing 

an original Statement of Fa+s for the 

Court even though the reporfer was first 

retained and paid by defense counsel. Anyone 

interfering with this judicial proceeding may 

be held in criminal contempt of court." 

Furthermore, we he'ld in Attorney General's Opinion 

M-248,. supra, with reference to the payment of the compensation of the court reporter: 

‘1. . any expenee by the prosecuting 

attorney which is necessary and reasonable 

may be certified by him as p'zovided in Article 

3899(b), Vernon's Civil Statutes, and should 

be paid under Article 40.09, paragraph 5, and 

Attorney General Opinion C-693 (1966). It is 

the duty of the Commissioner"s court to abide 

by that determination and make payment from 

the general funds of .the county." 

In view of the foregoing you are advised that a 

'court reporter is entitled to reasonable oompenaation for 

trsnsoribing testimony taken before an examining court and 

that such compensation is to be paid by the county out of 

the general fund. 

SUMMARY 

A oourt repdrter is entitled to reasonable 

oompen#ation for tranecribind testimony taken 

before an examining court under the provisions 

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HOfl- Charles A. Allen, page 3 (M-620) 

of Article 16.09, V.C.C.P., and.aueh oompemation 

is to be paid by the county out of the general 

fund. 

Prepared by John Reeves 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTER 

Kerns Taylor, Chairman 

We E. Allen, Acting Co-Chairman 

Bennie Bock 

Glenn Brown 

James Quick 

Bob Lattimore 

MEADE F. GRIFFIN 

Staff Legal Assistant 

ALFRRD WALKER 

Executive Assistant 

N0L.A WHITE 

First As6Lstant 

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