**Honorable** Chiirles **A.** Allen Opinion NO.M-626 criminal **Didriot Attorney**  Harrison County P. 0. BOX 776 Rer Quertionemlating to pay of court reporter **for** Marrhall, Texas 15670 transcribingtestimony an examining **tsken befomi**  Deax Mr. Allen: court. **following** quertioner

Your **request fbr**  an opinion aeka tge

"1s a Court'Reporter entitled ,toCOQpensation for tranrcrlbing **testimony** talken **before** an examining ooutt? "Aseumingthat 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 testimonyof each witnese.shallbe 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 correctionsehall be maQe in the same ae.the witnessmay dire&r and he ehall then sigkthe same **by** affixing thereto .hiename 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 approvedby the pteeidingmagiatrate may be used to preserve the teat!Lmony

. of ~witnesaee.

" In' Attorney General'sOpinion M-%48 (1968),we held that an **official** court reporter is entjitled to reaeonableHon. 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 proceedingunder 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**  examiningtrial proceedings to be.reducedto writing, certified,and delivered to the proper oougt. when a **re** porter is officiallyappoinfed'bythe Magistrate, he must be paldja reasonable compensationfor his services in preparing an original Statementof **Fa+s** for the Court even though the reporferwas first retained and paid by defense counsel. Anyone interfering

with this judicialproceedingmay 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 attorneywhich is necessaryand reasonable may be certifiedby 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 determinationand make payment **from** the general funds of .thecounty." In view of the foregoingyou are advised that **a** 'courtreporter is entitled to reasonable oompenaationfor trsnsoribingtestimony taken before an examining court and that such compensationis to be paid by the county out of the general fund. SUMMARY

A oourt repdrter is entitled to reasonable **oompen#ation** for tranecribindtestimony taken **before** an examining court under the provisions

**-2967- 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.AWHITE First As6Lstant

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