c 0 PP 

Honorable E. H. Griffin 

county Attorney 

Young county 

Graham, Texas 

Dear Sir: Opinion Wo. 0-3140 

Re: Fees of oounty judge and county 

att'orney under fects stated. 

Your request for opinion has been reoelved and 

carefully aonsidered by this department. r:e quote from your 

request as r0n0wS: 

*On January 1, 1941, all county and precinct offioials in Young County, Texa&, were 

placed by the Commlssloners~ Court on a fee 

bEiSiS. Prior theretof, they had been oompensated on a ealary basis. The following question has arisen with reference to the County 

Judge's trial fee as prescribed by Artiale 

1052, as amended, C. C. P., and as to the 

$X.00 fee due the County Attorney under Article 1061, C. C. F., and the $5.00 fea due the 

County Attorney by Virtue of Artiole 1068, 

c. c. P., in the following fact situation: 

“A oase Is filed in the County Court of 

Young County, Texas, Deoember 15, 1940. The 

defendant is arrested, makes bond, and on 

January 15, 1941, oomes in the County Court 

and enters a plea of guilty. Gnder those 

facts is the present ‘County Judge entitled 

to a $3.00 trial fee under Artiale 1052 

c. c. P.; and is the present County Att&ney 

entitled to a ree of #lo.00 under the provisions of Article 1061, C. C. P.7" 

The population of Young County, Texas, acoording 

to the 1940 Federal Census Is less than 20,000 Inhabitants. 
Honorable E. H. Griffin, Page 2 

We assume from your letter that a judgment was 

rendered upon the plea of guilty, was not appealed from and 

became a final judgment. 

Article 1052, Vernon's Annotated Texas Code of i 

Criminal Procedure, reads as follows: 

"Three Dollars shall be paid by the county 

to the County Judge, or Judge of the Court at 

Law, and Two Dollars and fifty cents shall be 

paid by the oounty to the Justice of the Peace, 

for each criminal action tried and finally 

disposed of before him. Provided, however, 

that In all counties havefng a population of 

20,000 or less, the Justice of the Peace 

shall reoeive a trial fee of.Three Dollars. 

Such Judge or Justice shall present to the 

Commissioners' Court of his county at a 

regular term thereof, a written aocount 

specifying each criminal action in which he 

olaims suoh fee, certified by suoh Judge or 

Justice to be correct, and filed with the 

County Clerk. The Commissioners* Court shall 

approve such aooount for such amount as they 

find to be oorrect, and order a draft to be 

issued upon the County Treasurer in favor 

Of such Judge or Justioe for the amount so 

approved. Provided the Commissioners* Court 

shall not pay any account or trial fees In 

any case tried and in which an aoquittal is 

had unless the State of Texas was represented 

In the trial of said cause by the County 

Attorney, or his assistant, Criminal District 

Attorney or ,his assistant, and the certlfioate 

of said Attorney is attached to said account 

certifying to the fact that said cause was 

tried, and the State of Texas was represented, 

and that In his judgment there was sufficient 

evidence in said'cause to demand a trial of 

samo.w 

Article 1061, Vernon's Annotated Texas Code of 

Criminal Procedure, reads as follows: 

"District and county attorneys shall be 

allowed the following fees in cases tried in 

the district or county courts, or a county 
. 

Honorable E. H. Griffin, Page 3 

court at law, to be taxed against 

dant: 

the defen- 

"For every oonvlotion under the laws 

against gaming when no a:peal is taken, or 

when, on appeal, the judgment ic affirmed, 

fifteen dollars. 

*For every other conviction In oases 

of misdemeanor, where no appeal Is taken, 

or when on appeal the judgment is affirmed, 

ten dollars." 

It is our opinion that under the faots stated 

and upon the assumption that the judgment was final the 

resent county attorney would be entitled to a fee of 

10.00 and the present county judge would be enti%led to 

a fee of $3.00. 

Very 

ATTORNEY 

BY s/ 

truly yours 

GENERALOFTEXAS 

Wm. J. Fanning 

Assistant. 

APFROVED FEB 21,1941 

s/ Gerald C. MannATTORNEY GENERAL OF TEXAS 

APPROVED: 'PINICN CC&%ITTEE 

BY B'WB Chairman