Hon. B. J. Stewart 

County Attorney 

Real County 

Camp Wood, Texas 

Dear Sir: 

Opinion No. O-594 

Re: When is a Justice of the Peace entitled to his trial 

fees in a case he has tried, end is~he entitled to. 

any fees in cases filed by complaint but dismissed 

by motion of the oounty attorney? 

Your re9ue.d for an opinion on the above stated clue&ion has. been received 

by this office. 

Article 1052, Code of Criminal Procedure, reads as follows: 

"Th&c Dollars shell be paid by the County to the County Judge, or .;i: 

Judge of the Coustt at Law, andTwo Ibllers and fifty cents shall be 

paid by the county to the Justice of the Peace, for each criminal action 

tried and finally disposed of before him. Provided, however, that i~¶ 

all counties having a population of 20,000 or less, the Justice of 

thePeace shall receive a trial fee of Three Dollars. Such Judge or 

Justice shell present to the Commissioners' Court of his county at a 

regular term thereof, a written account specifying each criminal action 

in which he claims such fee, certified by such Judge or Justica to be 

correct, and filed with the County Clerk. The Conmissioners' Court 

shall approve such account for such amount as they find to be correct, 

and order a draft to be issued upon the County Treasurer in favor of 

such Judge or Justice for the amount so approved. Provided the Comissioners' Court shall not pay any account or trial fees inany ease 

tried and in which an acquittal is had unless the State of Texas was 

represented in the trial of said cause by the County Attorney, or his 

assistant, Crimdnal District Attorney, or his assistant, Criminal 

District Attorney or his assistant, and the certificate of said Attorney is attached to said account certifying to the fact that said cause 

was tried, and the State of Texas was represented, and that in his 

judgment there was sufficient evidence in said cause to demand a trial 

of same." 

The plain and specific language of the above quoted statute in that the 

judge or justice of the peace must both try and finally dispose of the case 

before him to be entitled to the fee provided therein. 
Hon. B . J. Stewart, April 10, 1939, page 2 (O-5&) 

In the case of Brackenridge vs. State, 11SW 630, the court, in passing 

upon a similar question used the following language: 

?Phe case must have been tried and finally disposed of before him, 

he must both try and finally dispose of it, such is the plain 

language of the statute, a triai is an examination before a cornpatent 

tribunal, according the laws of the llnd, of the facts put in issue 

in a case, for the Iurpose of determining such issued. 

"A dismissal of a case is to send it out of a court without a trial 

upon any issue involved in it. It is the final disposition of that 

particular case, but is not a trial of it." 

In the case,'Richardson vs. State, 4 SW 2nd 79, holds in effect thst when 

a case was disposed of on motion to Quash: the aounty judge wss entitled to 

a fee under Article 1052, Code of CriminalPro>edure, payable by the county. 

We do not think the case establishes a different rule as laid down in the 

case of Braakenridge vs. State, 11 SW 630, supra, for there is a distinction 

in a motion to quash and a motion to dismiss. 

You are respectfully advised that it is the opinion of this Departnent that 

in compliance with Article 1052, Code of Criminal Procedure, the Commissioners' 

Court must at a regular session pay to the justice of the peace the fee as 

provided by such statute for each criminal action tried and finally disposed 

of before him. 

You are further advised that the justice of the peace is not entitled to 

such fee where there is no,trial of the ease before him but is dismissed 

.upon motion of the comty attorney, 

Trusting that the foregoing answers your inquiry, we remain 

Very truly yours, 

ATI!ORtEX -L OF TEXAS 

s/Ardell Williams 

By 

Ardell Williams 

Assistant 

AW rAW 

APPROVED: 

a/ Gerald C. Mann 

ATTORNEY UiEE!ALOFT!XAS