THE ATTORNEY GENERAL 

OF TEXAS 

January 9, 1968 

Hon. Robert S. Calvert Opinion No. M-185 

Comptroller of Public Accounts 

Capitol Building Re: Whether mileage 

Austin, Texas ment and $10.00 ._ - 

reimburse- -. 

per diem, 

Dear Mr. Calvert: 

as provided In Article 35.27, 

Vernon's Code of Criminal 

Procedure, is payable to 

a witness for ,attending the 

same court under subpoena in 

four separate cases on 

the same day, so that the 

witness would collect four 

mileages and $40iO0. 

In your recent opinion request to this office you 

present the question as to whether or not a witness is 

entitled to a fee and mileage in each case when subpoenaed 

to appear before the same court on the same day in more 

than one case. 

Pertinent sections of Article 35.27, Vernon's Code 

of Criminal Procedure, read in part as follows: 

"(1) Any witness who has been subpoenaed, 

or has been attached and given bond for 

his appearance before any court, or before 

any grand jury, out of the county of his 

residence, to testify in a case regardless of disposition of said case, and 

who appears in compliance with the oblications of such subooena or bond. shall 

be allowed seven ce;ts per mile going to 

and returning from the court,.qo.grand 

Jury, by the nearest practical conveyante , and ten dollars per day for each 

day he may necessarily be absent from 

home as a witness in such case. 

“(2) 

"(3) The witness shall make an affidavit 

stating the number of miles he will have 

traveled going to and returning from the 

court, by the nearest practical conveyance, 

-882- 
Hon. Robert S. Calvert, page 2, (M-185) 

and the number of days he will have 

been necessarily absent in going to 

and returnxng from the place of trial; 

. . . W (Emphasis added) 

Construing these sections together, it is our opinion 

that the Legislature intended to allow such a witness to 

charge only for the necessary mileage going to and returning 

from the location where court is being held and ten dollars 

per diem for each day he may necessarily be absent from home 

irrespective of the number of cases for which he may have 

been subpoenaed. This is consistent with previous rulings 

by this office that an attorney can collect only one fee 

for representing indigents for each day spent at court regardless of the number of indigents represented and regardless of the number of different courts in the county in which 

he may have to appear (See Attorney General's Opinion No. 

C-713 (1966)). and that a District Judge holding court in 

a county outside of his district and hearing cases pending 

in two or more District Courts in that county could collect 

compensation in addition to his salary of only $25.00 for 

each day in court rather than $25.00 a day additional for 

each court in which he appeared. (See Attorney General's 

Opinion No. C-339 (1964)). 

SUMMARY 

Where a witness attends the same court under 

subpoena in four separate cases on the same day, 

Article 35.27, Vernon's Code of Criminal Procedure, 

provides only for payment of mileage going to and 

returning from "the court" and per diem for each day 

he may necessarily be absent from home irrespective 

of the number of cases f rxhich he attends "the court." 

P/ 

Prepared by Monroe Clayton, 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Hawthorne Phillips, Chairman 

Kerns Taylor, Co-Chairman 

- 883 - 
,. 

Hon. Robert S. Calvert, page 3, (M-185) 

Douglas Chilton 

Dunklin Sullivan 

Bill Allen 

John Reeves 

STAFF LEGAL ASSISTANT 

A.J. Carubbi, Jr.