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Honorable E. H. Griffin county Attorney Young county Graham, Texas
Dear Sir: OpinionWo. 0-3140 Re: Fees of oounty judgeand county att'orney

under fects stated.
Your request for opinion has been reoelved and carefullyaonsideredby this department. r:equote 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 ealarybasis. The following question has arisenwith reference to the County Judge's trial fee as prescribedby Artiale 1052, as amended, C. C. P., and as to the $X.00 fee due the CountyAttorney underArticle 1061, C. C. F., and the $5.00 fea due the CountyAttorney 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 ‘CountyJudge 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 ofArticle 1061, C. C. P.7" The population of Young County, Texas, acoording to the 1940Federal Census Is less than 20,000 Inhabitants.Honorable E. H. Griffin, Page 2

We assume from your letter that a judgmentwas renderedupon the plea of guilty,was not appealed from and became a final judgment.

Article 1052,Vernon'sAnnotated Texas Code of i Criminal Procedure,reads as follows:

"ThreeDollars shallbe paid by the county to the County Judge, or Judge of the Court at Law, and Two Dollars and fifty cents shallbe 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 countieshavefng a populationof 20,000 or less, the Justice of the Peace shallreoeive a trial fee of.Three Dollars. Such Judge or Justice shallpresent to the Commissioners'Court of his county at a regular term thereof, a written aocount specifyingeach criminalaction inwhich he olaims suoh fee, certifiedby suoh Judge or Justice to be correct, and filedwith 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, CriminalDistrict Attorney or ,hisassistant, and the certlfioate of saidAttorney is attached to said account certifyingto the fact that said causewas tried, and the State of Texas was represented, and that In his judgment therewas sufficient evidence in said'cause to demand a trial of samo.w Article 1061,Vernon'sAnnotated Texas Code of Criminal Procedure,reads as follows:

"Districtand county attorneys shallbe 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 oonvlotionunder the laws against gamingwhen no a:peal is taken, or when, on appeal, the judgment ic affirmed, fifteen dollars. *For every other conviction In oases ofmisdemeanor,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 judgmentwas final the resent county attorneywould be entitled to a fee of 10.00 and the present county judgewould 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: 'PINICNCC&%ITTEE
BY B'WB Chairman