Hon. CharlesR.

CountyAuditor Harrison county Marshall, Texas December 3, 1947

Martin OpinionNo. V-446

Re: Basis of pay of temporary shorthand court reporter obta~ined

by reason of the illness of the regularly appointed official reporter.

Dear Mr. Martin:

Your request for an opinion of thisDepartment as to the constructionof Article 2326a~, V,C,S,, as It rela~testo the pay of a temporary court reporter is substantiallyas follows:

"On October 8th, 1947, the regular shorthandreporter became ill, necessitating the Judge of the District Court getting another shorthandreporter, and
one was securedwho resides out of the District, his residence being in Henderson, Texas.
"QUESTION: Would the shorthandreporter who resides out of this District, be pa.id

under the first paragraph of Article 2326,Vernon's Civil Statutes,which provides hotel bills of $4.00 per dey a~nd mi.lea.ge,

eitherby rail, bus, OP priva,te conveya,nce,

a.lso per diem, or shouldhe be pa.id under the last paragraph of this same a.rtlcle,

which sta.tes

that the shorthand reporter she.11

receive and be paid all actual and necessa,ry expenses in going to and returning from the place where he OP shemsy be ca.lled on to report the proceedings of any Regu1a.rOP Specia,l Terms of Court?
"QUESTION: If you conclude that he shouldbe paid under the last paragraph of Article 23268, tha.tis, his a.ctua,l a~nd nec-. ”

Hon. CharlesR. Martin - Page 2 (v-446)

essary expenses in going to and returning from the place where he or shemay be oalled on to report the proceedings, then is he entitled to any per diem in addition tohis necessary and actual expenses?"
Subsequent to your request for an opinion,you Informed this qffice that the temporary court reporter for the 71st Judicial District is the official courtreporter for the 4th Judicial District:

Article 2326a, V.C.S., provides in part as follows:

"All official shorthandreporters and deputy offlcisl shorthandreporters of the District Courts of the State of Texas composed of more than one county,When engaged in the diSCharg8 Of their Officialduties in any county in this Stat8 other than the county of their residence shall, in addltion to the compensationnow providedby law for their services,be allowed their actual and necessary expensesWhile aCtUally engaged in the discharge of such duties,not to exceed the SIJII! of Four Dollars per day for hotel bills, and not to eXC88d four cents a mile when travelingby railroad or bus lines, and not to exceed ten cents a mile when travelingby private conveyance in going to and returning from the place where such duties are discharged, traveling the nearest practical route.

. . "Whenevera special term of any District Court in this State is convened and the services of an additional official or deputy official shorthandreporter Is reqtired, then thIsAct shall also apply to said shorthandreporter so employedby the Judge of said special term, and all expenses as herein provided shallbe allowed and paid said shorthandreporter so employed for said special term by the countywherein said special term is convenedand held, and shallbe in addition to the expensesherein provided for the official or deputy official shorthandreporter of the district.Hon. CharlesR. Martin - Page 3 (V-@&j;

"Rhere,theofficial or deputy official~shorthandreporter does not resideln theJudioia,lDistrict for which he or she is appointed,he or she shall onlybe entitled to traveling expenses from the time he or she reaches the County Line of any county in theJudicial District. Provided,however, that whenever any official
or deputy official shorthandreporter is calledupon to report the Proceedings of

called on to report the proceedingg of any Regular or S ecial terms of Court. (Emphasis a,dded

P

In determining the question of whether the first portion ofArticle 2326s controls or whether the lest portion of sa~id Article controls, it will be necessary to carefullyanalyze the provisions of this Article. The first paragraph of saidAct provides for actual.

and necessary expenseswhile actually engaged in the discharge of such duties, not to exceed the sum of $4.00 per day for hotel bills and not to exceed 46 per mile when travelingby railroad OP bus lines, and not to e~xceed

106 per mile when travelingby private conveya~nce

when going to and returning from the place where such duties are discharged. The last peragraph of saidAct provides that if the court reporter does not reside in the judicialdistrict for which he OI?she is appointed,he or she shall only be entitled to traveling expenses from the time he or she reaches the County Line, whereas if any official or deputy shorthand reporter is calledupon to report the proceedlrgs of any special term of court on a~ccount of the sickness of any official shorthandreporter of any judicialdistrict, then the shorthandreporter so employed shsll receive a~nd

be paid all actual and necessary expenses In going to and returning from the place where he or shemay be called on to report the proceedings of any regular or special terms of court. The construction placed upon this last paragraph by this Department isRon. CharlesR. Martin - Page 4 (v-446)

that the official court reporter from another county would be ~entitledto~actualand necessa.ry expenaesin going to and returning from the place'where called~ upoh to report suchprOOe8dkgS. Therefore,' it is the Opinion of thisDepartment in a~nswerto your first question, that suchreporter shouldbe paid al~l actual end neceasary expenses, end in answer tog your secondqUesttOn it Is the opinion of this Departm8nt that the substitute court reporter who Is the official court r.eporter for th8 4th Judicial District would notbe ,entitledto any' per diem in addition to the actual and hseessary expenses. Ii8

would, Of COuFSe, continue to draw~his regular salary from the county or counties in,which.he is regulerly 8SIplOy8d.

SUMMARY

A court reporter who resides out of the judlcleldistrict, substitutingfor the officie.1

court reporter In said distrl~ct by
reeson of illnes:s, would be entitled to his
or her actual.or .neoessaryexpenses in,golng to and returning.from the place~wherehe or shemay be calledupon to report such pro-. C8edingSpursuant to Article 2326e,, V.C.S.

Yours very truly

ATTORREXOERERAL OF TEXAS 

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Waldrep Assistant

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