OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

-c.- 

-- 

Hon. Robert 3. Allen 

County Attorney 

rubbook County 

Lubbsok, Texas 

Duar sir: 

oithe Peso 

"1 have a queeti 

tion find payment of f 

Peaoel. 

the dietribuas-em on.whioh he 

to bring the total 

the mimes Juatios of 

buu on the Uellnand, In a&lltion to 

he oould apply the tsee oolhich were listed ee delinquent 

hir 19S'? allowance up to the 

105tL, C.C.P. grovlbes, *....&.SO 

by the oounty to the Justlos or 

the Peace, for each oriminal aotlon tried and 

FIXALLY DIBP0615D OF BPFWE EIK...' The words 

ot this statute aem very olear that before a 

Justice of the Pesos Lo entftZed to $2.SO frcim 

the county, thr! oetse must be finally disposed OS 

before him. 
Ron. 'iobert LT. Allen, T<ige 2 

'article 3892, !?.C.s., provides that any 

offioer who does not collect the mxinuc amount 

of his fees for any fisctl year end reporta delinquent fees for that yeer shall be entitled 

to retain, when colleated, suoh psrt of suoh 

delinquent fees as is sufficient to complete 

the amxlm.m oos?ponsetion authorized for the 

year in which delinquent fee6 were charged, End 

also retain the eo.ouut of exoess fees authorized 

by law. 

-10 your opinion O-1868, dated Februsry 23, 

1940, you state, *Where a defendant pleads 

;uilty in a justice oourt but do88 not pay the 

fine, end a ymr later a newly eleotsd justice 

iesuea commitment and the defendant is placed 

In jail end lays out hia fine en4 ooata, the 

justioe of -he peeoe who took the plee5;E gul:r;y 

would be entitled to the trial tee.' 

statesent seems to be contrary to Article*1032 

because under 1052 C.C.P., the Juetloe of the 

Peaoe would not be entitled to sup payment by 

the county uhlesa the case wea finally disposed 

0r before hid. 

'? have advised the Lubbook County Auditor 

that the $2.50 fee to be paid the Justfoe of,the 

Peeoe was not due him unless the oese was finally 

disposed of before him, end a oaee whioh waa 

tried in 1937, but not finally disposed of until 

1938 would be earned es of 1928, and should not 

-be listed es a delinquent fee due ror 1937. 

Vith the above statutes In m,ind, would you 

kindly give me your opinion es to the answer to 

the question set out in the firat part of this 

letter?* 

In your letter you state that the Juetice.of the 

Peaoe granted "deferred 

ad them as delinquent 

e~met$t6* on oriminal oesee nnd list-, 

f e wish to 0~11 your attention 

to Article 698 of the Code of Criminal Prooedure of Texee, 

whioh applies to "deferred judgments", whioh reads ea follows: 

*On each verdiot cf aoquittal or oonviotfon, 
Hon. Robert J. Allen, Page 3 

the proper judgment shell be entered imzedietely. 

If acquitted the defendant shall be at once disoherged from all further llebfllty UpOn the Oharge 

for which he wee tried; provided that, in miademeanor cases where there ia returned a verdiat, 

or a plea of guilty is entered and the punishment 

assessed is by fine only. the Court nay, on written 

request of the defendant end for good o(Puse shown, 

defer judgment uutil 6ome other da3 fixed by order 

of the Court; but in no event ahell the judgment 

be deierred for a longer period of time than six 

(6) monthe. On explretlon of the time fixed by the 

order cf the Court, the Court or JuIgge thereof, 

shall enter judgment on the verdlot or plea end 

the saxe shell be executed as provided by Chapter 

4, Title 9, of the Code of Criminal Procedars of 

the State of Texas. Provided further, that the 

Court or ;YuUge ,thereof, In the exeraiee of sound 

dlsoretian~leay pemft the defendant where judgment 

is deferred, to remain at large on hia oyn reooenieenoe, or may requfre him to enter Into bond in 

a mm at least double the amount of the aawesed 

fine end oosts, oooditioned that the 4efen4ant and 

auretiea, joint&y and neverally, vii11 pay suoh fine 

md costs unless the defendant personally appears 

on the day set tn the order and d~luoherges the judgrat la the manher provldod by Chapter 4, Title 9 

of the Code of Crlmlnal Prooedum of the State of 

Texas; end for the e.nforceroent ofany judgueat entered, all writs, proaeeaas and remedies OS the 

Gode'of Criminal Proaedure are cede applloeble so, 

X~~~~;eneaessary to oerry out the proofsions of thie 

." 

We think there is a oleer distinction between the 

fen% *deSerre8 peymaeatsn and *deferred -.- ju4gments.e 

f 011OV8 : 

Artiale 105Z, 0od.e of Crixinel Procedure, rsads as 

e'phree Dollar8 shell be paid by the aounty to 

the CounOy Judge, or Judge of the Court at Law, and 

Two poller8 end fifty oents shell be p&Id by the 

oounty to the Justioe of the Peace, for aaoh orimiaal 

aation tried end finally disposed of before h&s. 

Frcvided, however', that in all oountiss have a population 20,000 or less, the Suatioe of the Peeoe shalt 
Eon. Robert J. Allen, Face 4 

reoeive 8 trial tee of Three Xlollar8. Such jndge 

or Justioe 8hEll present t0 the CO~3Ei881OQ8r8' 

Court of hi8 county at a regular term thereof, 

a written aoeount apeoifying 8aoh orlmlnal a&ion 

in'nhloh he chlm8 8uoh f66, osrtlfied by euoh 

J~ge or Justloo to be oorreot, and filed with 

the County Clerk. 'Ph.3 COUilQi88idWr8' Court Ohall 

approve such acoount for 8uoh amount a8 they find to 

be oorroot, end order a draft to be issued upon 

the County Treasurer in favor of 8wh Jnd@ or 

JuGtios ror the amount 80 approved. FrovIQed the 

Commlssicnsrs* Court shall not pap any aooount 

or trial fee8 In any Oa80 tried 8X4& in which an 

ioquittal is had unless t.ha State of Texas w&s 

repreeentsd .ln,the ,trial~ of 8ald oause by the 

COlUltp AttOrIIey, OD hi8 a88f.8taIlt, CriloiMl Di8- 

triOt Attorney or hi.8 688i8t6nt', and the OOrtifloate of 86$d :Attorn6p 16 attoohed to 88id 

aoootit .otrtifpin& to the feat that said cause 

w68 tried, an@ thv State 0r Texas was rap~rvrtntvd, 

and that in.6i8 judgment thert wao ,suirihnt 

tVid6nO8 in 6aid oau8e t0 @-and a trial Of 86~10.~ 

OplaiOa 8~. o-616 Of thi8 dtpart&6nt, hold8 that 

Artdole, 105% .l @xlt of.Orlminal Fraued%-e of Tbxae, a8 amencted, 

provld68 that the Justice,of the Peaaa shall raoelvs $2.50 

ln all countlee hsving a popiilatloa of~mors than 20,000 

inhabitant8 for.aaoh uM!ainalaotion .tried and ii&ally diSDO8ed of befurs him. eueh fee8 to be Dafd.bY the oountY when 

iuoh claim8 i&e ii&I in ouupl.iance with Ariiole 3052,-Codo 

OS Crlmiaal froeedure, and that it is Immaterial whether the 

defendant who is oonvio%ed i.3 such orimiD.al a&ion pay8 his 

+5nv and costs Oi Work8 his fine and a66t6 outi 011 the oouat.~ 

ooouaty, or 

a sufftoient 

Opinion %a. O-1758 of this department hold8 that 

the justice of.the 

p6lld UpOIl thE.tOll 

e;f=g&e$;r~~~y$ 

rbthex in8tead onths rendition of his final judgme&t la tile 
Eon. Robert J. YUlea, Page 5 

by the oounty oourt or by the court Of orlminal appeals. 

We eMlO herewith OOpie8 of OpiniOn8 308. O-616, 

o-1759 and O-1868, wElob dtti with variou8 qUVI8tiOU8 rlmllar 

to pour question. 

WE do not hart paas on the propriety Or legalitp 

or tht Wdererrlng of payment8 * on valid jUdgmd8 Of oonvlotioa in Ir;isdameaaor oaat8 by the Justlee of the Feaoe or 

other orfiotrs. 

In anawer~t0 your qu6atioa you ar6 rs8peottully 

advised thet it iS the OpiaiOn Of thi8 dep8rhteat that ii 

the fustioe of the Peaoe rend6red a valid judgmant oi oonvlotlon whiah beoama final in 1957, iwdofar a8 hi8 jurisdiotioa wa8 oonoerned and he did not oolleot his trial fra 

for mce In 1937 frau the aouaty, and reported 88me a8 a 

delinquent fee for that pear, thtn he would be clearly antitled to aollect 8661~ from ihe oounty, uadar the taot8, 

In order to bring his 1937 allomno6 up to the maximum, ragardla88 a? whether or not the rim and acsts were aver 

paid or the ju6gment 8ati8fied by jail seniae Of the d,afendat or by the defendant*8 working 88me out oa the oounty 

fara or other pub110 works. 

Ii the "$xlgmtnt or oonviotlon” wan dtierred under 

Article 698. codt of Criminal Prooedurt. the ~ustlae would 

not be entl&6 to hi8 trial fte until *ha nditterred judgment' IV68 rendered, tnttred and beoama final Cl 80 far as 

the juriediction ot the jurrtfae or the pea08 was ooneernad. 

Vary truly youra 

ATI’CRARY GEMSRAI~ CF TEXAS /