- 

THEA~TORNEYGENERAI. 

,- 

September 21, 1948 

Bon. J. Q. Knight 

County Attorney 

Bee County 

Beeville, Texas 

Opinion lo. V-686 

Re: Authority of the Countg Judge or CommlsslOnem' Court to remit a 

fine paid upon being 

adjudged guilty of a 

misdemeanor. 

Dear Sir: 

Your request for our opinion on the above subject matter is, in part, as follows: 

"On August 17, 1948, a defendant was 

,adjudged guilty of a misdemeanor offense 

by the County Court of Bee County, and was 

naseesed a fine of $100.00 and costs. Ro 

ii&Ice of appeal was given and no motion 

for new trial was made. The fine and costs 

were paid by the defendant on August 17, 

1948. Today he seeks the remlsslon of the 

fine. a . 

"The opinfon of your office relative 

to the authority of the County Judge or 

the Commlssloners Court t$ remit the fine 

in question Is requested. 

In the.case of Hiram Luckey v. The State, 14 

Tex. 400, it was held that the District Court did not 

have the power to remit any part of the fine or costs 

in a criminal case. %ie quote the following: 

*It was very properly so ordered by 

the court in this case, and there is no 

error In the judgment of which the appel- * 

lant can complain. But the court had no 

authority to remit any part of the fine 

and costs, and of this the State very 

justly complains. After convictipn ana 

assessment of the fine by the jurr the 

court has no power to remit the punish- 
Hon. J. G. Knight, page 2 (V-686) 

ment Imposed, That is the exercise of 

the pardoning power which appertains exclusively to the Rxeoutlve. leither has 

the court the power to remit costs. Those 

are matters of private right which neither 

the court nor any one else on behalf of the 

State can release without the consent of 

those to whom they are due. The statute, 

though its meaning Is not very clearly express&, was evidently internlea to empower 

the court to fix such a limit to the term 

of imprisonment as the court, in its dlscretion, might deem proper upon satisfactory.proof of the inability of the party to 

pay the fine and costs, but not to empower 

the court to remit any portion of either 

the fine or costs. (Rart. Dig. art. 401, 

Dixon v. The State, 2 Tex. R., 481.) The 

court therefore erred in Its judgment remittlqg a portion of the fine and costs, 

. a ,. 

It was further held in ex parte Thomas, 108 Tex. 

Crlm.Rep. 653, 2 S.W.(2d) 270, that the Commissioners' 

Court did not have the power to remit fines. We quote 

the following: 

11 * 0 e the legal question involved 

is whether the order remitting the fine 

was within the jurlsdlctlon of,the commissloners" court. 

"In article 4, Sec. 11 of the Constitution of Texas, the pardoning power 

Is vested in the Governor in the following terms: 

"'In all criminal cases, except treason and Impeachment, he shall have power 

after conviction, to grant reprieves, commutations of pynishment and pardons, ana 

under such rules as the Legislature may 

prescribe, he shall have power to remit 

fines and forfeitures.' 

. 'Based on'the constitutio 

9" 

1 provision 

mentioned, the Legislature clec are& In article 952,, Cocle Cr. PPOC. 1925, that the Governor may remit fines. So far as we are 
Hon. 

.- 

that 

aware, the power to relieve one convicted 

of a penal offense of a,fine assessed 

against him isvested alone In the,Governor. This view is emphasized by the precedents in this state. See,Snot¶grass v; 

State, 67 Tex. Cr. R..615, 150 S.W. 162, 

41 L.R.A. (N-S.) 1144;'Rx 

Tex. Cr. R. 587, 162 S.W. 

gf"$ Rice, 72 

In view of the foregoing it is our opinion 

neither the Counts Judge nor the Commissioners' 

Court has the power or-authority to remit a fine 

by a defenclant after conviction In a misdemeanor 

.- 

J. G. Knight, page 3 (w-686) 

JR:mw 

SUMMaRY 

Neither the County Judge nor the Commissioners' Court has.the power to remit a 

fine paid by a defendant after conviction 

In a misdemeanor case. Blram Luckey v. The 

State, 14 Tex. 400, Ex parte Thomas, 2 S.W. 

(26) 270. 

paid 

case. 

Yours very truly, 

ATTORNEYGERERAL OF TEXAS 

John Reeves 

Assistant 

APPROVED: 

RNEYGENERAL