Honorable James E. Barlow CriminalDistrictAttorney OpinionNo. c-375 Bexar County Courthouse Re: Whether, in a criminal San Antonio, Texas case on change of venue, the county fromwhich venue is changed must reimburse the county in which the trial is held ~~~~:z%:Kyses I expenses (Art. 1038 C.C.P.); and fee for ap ointed counsel Dear Mr. Barlow: (Art.&&a C.C.P.)?

You have requested an opinion "as towhat expenses, incurredby a county to which change of venue is made under Art. 560 c.c.P., must be reimbursedby the county fromwhich venuewas changed." You state that there are three specific s~~~~~~O~fe~P,~~~~~r~~~*~ou are interested in, to-wit: (1) Food and Lodging of Jurors;and Corn ensation of Appointed Counsel. We will dealwith each class in the above order.

Articles 560 to 563, Vernon's Code of Criminal Procedure,provide for a change of venue under certain circumstances.

(1)EXPENSES OF PRISONERS: Vernon's Code of Criminal Procedure contains fiveArticles that govern expenses of prisoners from another county. Article 1037 recites:

"Each county shallbe liable for all expense incurred on account of the safe keeping of prisoners confined in jail or kept under guard, exceptprisoners brought from another county for safe keeping, or on habeas corpus or change of venue; inwhich cases, the county from which theprisoner is brought shall be liable for the expense of his safe keeping." (Emphasis added)

-1781-Hon. James E. Barlow, page 2 (C-375)

Article 1040 recites inpart:

"For the safe keeping, support and maintenance of prisoners confined in jail or under guard, the sheriff shallbe allowed the following charges:
n

. . . "2
. For supportand maintenance, for each prisoner for each day such an amount as may be fixedby the commissionerscourt,provided the same shallbe reasonably sufficient for such purpose, and inno event shall it be less than forty centsper day nor more than seventy-five cents per day for each prisoner. The net profits shall constitute fees of officeand shallbe accounted forby the sheriff in his annual report as other fees now provided by law. The sheriff shall in such report furnish an itemized verifiedaccount of all expenditures made by him for feeding and maintenance of prisoners, accompanying such reportwith receipts and vouchers in support of such items of expenditure,and the differencebetween such expendituresand the amount allowed by the commissioners court shallbe deemed to constitute the net profits forwhich said officer shall account as fees of office.

“3

. For necessary medical bill and reasonable extra compensation for attention to a prisoner during sickness, such an amount as the commissioners court of the countywhere theprisoner is confinedmay determine to just and proper.

case i!'death."

For reasonable funeral expenses
Article 1042 states: be
in

"The sheriff shallpay the expenses of jurors impaneled in cases of felony (except when they are paid by the juror himself), the expenses of employingand maintaining a guard, -
ing articles.
-i782-Hon. James E. Barlow, page 3 (C-375)

Article 1048provides:

"If the expenses incurredare for the safekeeping and maintenance of a prisoner from another county the sheriff shallmake out a separateacco& therefor, and submit the same to~the county judge of his county, who shall carefully examine the same,write thereon his approval for such amount as he finds correct and sign and date such approval officially." (Emphasisadded) Article l&p reads as follows:

"Theaccount mentioned in the preceding, article shall then be presented to the commissioners court of the county liable for the same, at a regular term of such court;and such court shall, if the charges therein be in accordance with law, order a draft issued to the sheriff upon the county treasurer for the amount allowed." -(Emphasisadded) It is our opinion that all of the above articles are to be considered together in determining the liability for exnenses of nrisoners from another county. Certainly the

the county in which the criminal action originated.

(2) FOOD AND LODGING OF JURORS: Vernon16 Code of Criminal Procedure also contains fourArticles that govern the expenses of a jury that has been impaneled to hear a case on change of venue from another county. Article 1038 states:

"The Sheriff of each County shall,with the approval of the Commissioners Court,provide food and lodging for jurors empaneled in a felony case and jurors so empaneled shallbe paid as other jurors are paid, in addition to such food and lodging e” (Emphasisadded) Article 1042,Vernon's Code of Criminal Procedure, recites:

"The sheriff shallpay the expenses of jurors impaneled-incases of felony [exceptwhen they are paid by the juror himself), the expenses of employing and maintaining a guard, and to support and take care
-1783-Hon. James E. Barlow, page 4 (c-375) of all prisoners, for all of which, he shallbe reimbursedby theproper counte according to the rates fixed in the twopreceding articles." (Emphasisadded) Article 1050,Vernon's Code of Criminal Procedure, reads as follows:

"Inall causeswhere indictmentshave been presented against persons in one county and such causes have been removedby change of venue to another county, and tried iherein, the county from which such cause is removed shallbe liable for all expenses incurred forpay of jurors in trying such causes." (Emphasisadded) Article 1051,Vernon's Code of Criminal Procedure,provides:

The foregoingArticles taken together clearly state that the County fromwhich venue has been changed, shallpay for the jurors' food and lodging.

(3) COMPENSATIONOF APPOINTED COUNSEL: Article 494a of Vernon's Code of Criminal Procedure, clearly states that appointed counsel shall be paid by the Countywherein such trial is held. Article $#+a recites inpart:

n The fee allowed counsel shall be paid by the'co&ty wherein such trial is held and such sum to be paid from county funds,where such funds are available.

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**. .**  **.** ' (Emphasisadded) In a trial tried on change of venue from another county, the county in which the criminal action originated is responsible for the expenses of theprisoner and the costs of
-i784-Hon. James E. Barlow, page 5 (c-375)

,foodand lodging for the jurors. However, the county wherein the trial is held is responsible for the compensation of appointed counsel.

The county inwhich a case originated is liable for the expenses of keeping theprisoner and for the costs of food and lodging for the jurorswhere such case ;Ew,";;;dfn another county on a change of venue. IIIsuch a case, the county wherein the trial ii held is liable for the compensation of appointed counsel. Yours very truly, WAGGONER CARR Attorney General
By & "w-- Roy B. Johnson Assistant RBJ:sj APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Howard Fender Malcolm Quick Kerns Taylor James Strock APPROVED FOR THE ATTORNEY GENERAL BY: Stanton Stone

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