Honorable C. W. Karisch Opinion No. C-451 County Attorney Waller County Re: Whether a County may lawfully Hemps tead, Texas pay fees of$25.00 per day for each day in Court to counsel appointed to defend persons in felony cases where the defendant pleads guilty and is tried Dear **Mr.** Karisch: before the **Court.**
**You** have requested an opinion ofthis office regarding theabove question. Article 494a, Section 1,Vernon’s Code of Criminal Procedure, as it appears inActs 1951, 52nd Leg., ch. 19, p. 52 providedas follows: “Whenever the **Court** shall appoint one or more counsel todefend any person or persons pursuant to law in any felony case inthis State, each counsel may, at the discretion ofthe trial judge, be paid a fee in the sum of Ten Dollars ($10) per day for each day such appointed attorney is actually in trial **court** representing the person or persons he has been appointed to represent. Provided, further, that in-all cases wherein a bona fide appeal is actually prosecuted toa final conclusion, each appointed counselmay be paidTwenty-five Dollars ($25) for said appeal. , . .‘I Article 494a, Section 1,as it appears inActs 1959, 56th Leg., 2nd C.S., ch. 31, p. 147, provides in part as follows: “Whenever the **court** shall appoint one or more counsel(s) todefend any person or persons pursuant to law in any felony case in this State, each counselmay, at the discretion ofthe trial judge, be paid afee in the sum ofTwentyfive Dollars ($25) per day for each day such -2l-37-1

Hon. C. W. Karisch, page 2 (C-451)

appointed attorney is actually in trial court representing the person he has been appointed to represent. Provided, further, that in all cases wherein abona fide appeal is actually prosecuted toa final conclusion, each appointed counsel may be paid One Hundred Dollars ($100) for said appeal. Provided, however, onpleas of guilty before the **court,** said appointed counsel may bepaid TenDollars ($10) per case. . . .I’ (Emphasis added) Moreover, the title ofthe 1959 version ofArticle 494a stated:

“An Act amending Article 494a, Vernon’s Code of Criminal Procedure, increasing attorney fees for representation ofindigents accused of felony offenses; providing that attorney fees may be paid; providing for fees onpleas ofguilty; repealing all laws or parts oflaws in conflict herewith; expressly repealing Section lA of Chapter 19, page 25, Acts ofthe Fifty-second Legislature known as Section lA ofArticle 494a, Vernon’s Code ofCriminal Procedure; and declaring an emergency.” (Emphasis added)
Itis elemental that there is no room for construction ofa **statute** when the law is expressed inplain and unambiguous language and its meaning is clear and obvious. 53 Tex.Jur.2d 174 and cases there cited. Itis also basic that the title ofan act may be considered as a guide in circumstance showing legislative intent. 53 Tex.Jur.2d 248 and cases there cited. Itshould also benoted that aproviso is substantially an exception. 53 Tex.Jur.2d 210. Based onthe above where a felony is involved, a County may lawfully pay appointed counsel $10per case onpleas ofguilty before the Court. SUMMARY
A County may not lawfully pay fees of$25.00 per day for each day in **court** to counselappointed todefend persons in felony cases where the defendant pleads guilty and for trial before the court. -2138-Hon. C. W. Karisch, page 3 (C-451)

Very truly **yours,** WAGGONER CARR Attorney General ofTexas

JPB:sss APPROVED:
OPINION COMMITTEE George W. Gray III, Acting Chairman Harold Kennedy Malcolm Quit k Gordon Cass Linword Shivers
APPROVED FOR THE ATTORNEY GENERAL BY: T. B. Wright

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