T( 

!J OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

3 

GROVERSELLERS 

ATTORNEYOENER*L 

Honorable Temple Shell 

County Attorney Wiohita county 

Wiohita Falls, 8exae 

Dear Sir: 

r0ii0wa: 

therein is, in part, as 

tatutsrr oi Texas 

the County Judga 

ortar in their 

.oo, nor 1eIw than 

prorule* ror the 

"Each district and orlminal dluttlct judge akll 

appoint an oliiclal court reporter who shall be a main 

officer or the oourt an4 &all b0ia him 0rri06 auring 

the plaaauss of tho court. * * *" 

This etatute doen not authorize oounty judgor to appoint 

oourt reportere r0r the aounty'ooPrt. 
i %norab'le Temple Shell, pa@ 2 

91 

Artlola 232% Vernon*o Annotated Civil Statutes, reads, 

in part, as r0110w8: 

*TM of+fiofal shorthand roportsr ot each judicial 

district in this Stata and the orfioial shorthand rOporter of any oounty oourt, elthor 01'111 or orlminal, 

in this State, where the oompenaatlon of au&~ reporter 

or auoh oounty oourt or judiolal district, is not Otherwise provided by apaoial law, shall reoeiva a salary of 

not mom than two thousand seven hundred dollars ($8700.00) 

par annum, nor lass than tuo thousand rour hundred dollara ()2400.00) per anaum, l uoh salary to be fixed and 

datermIne& by tha diati5ot or oounty judge rqapeotively 

or thr oourt wherein auoh 8borthand reporter is employed, 

In addition to tha oonpanaatlon for tranooript faaa a8 

provia8a ror by law. Sal& salary ahall ba paid monthly 

by the commiaeionua Court or the county out or the Qaneral 

Fund. or the oounty, or in the di@bretion or the Uomml88lonera court, out or the jury r-4 0r said oounty, upon tb 

goztgioate or tha Judge of auOh Distriot or County Court. 

The roregoing 8tatuto authorizer the County Jutl&e to fix 

the cciapanratlon or a shorthand reporter or an;l oounty aourt ln the 

annunt authorlad by arid statute whare the oompenaation of l uoh 

ahorthd reporter of a owntf ooplrt la not otherwise poildkd by 

awoial Law. 'Phi8 l tatuto &oar aa0 l ~pro ~a ly l nth o r latha e wmnty Judge to appoint an 0rri0i8l 8brtbnil reporter fitr a oount~ 00mr*. 

It might bo aal& that tb, a08+ty da@ haa the impl%aa mthorlty 

undat~ this statute to appoint an ofilolal shorthand raportrr fbr a 

oouaty oourt *I raid l tatuto 8uthoriaea t&a 0opntJ Judge to fix the 

oomponaatlon oi ouoh an oSiiola& l horthatid reporter wharo the ~~apanaation or auoh reporter is' not otharulao prorldrd by l paoirl. 1~. 

We do not believe that the osmty- jah¶$a has t&a irp~le& aathorltt 

onaar thl8 statute to appoint an ofiioid l hotihand seporter tor l 

oounty oourt for reasona h8ralnaftar stat*&. 

'drtlole 2321, Vdmon*a Annotated Cl011 Statutes, pmrldaa: ’ I 

When either party to a olrfl ‘oaao pending in the 

county court or county ooq.* at law applies thereror, 

tha judge thereor shall cLppofnt a l ompeteltt atemgrapbsr, 

it 0x18 be prose&, to report thr oral testimony given la 

auoh oaao. Suoh etenogfapher shall take tha oath required 

or orrioial oourt reporters, ana shall reuiva aot 1888 

than iit0 dollamper 4ayr to be taxad and oollaoted as 
mnorabla Tamp18 6hel1, page 3 

oosta. In such oassa the provisions or this title 

with respect to the preparation of the statement of 

facts, the time to be allowed thereror, and for the 

presentation to the oppoeite party, and tkm approvIng and riling thereor by the court, ahall apply to 

all statements of raota in civil oaaea tried In said 

courts, and all provisions of law governing statement 

oi raota and bills oi axoaptlon to be filed in dietriot 

oourts ana tba use 0r same on appeal, shall apply to 

oivil ease4 tried in said Oourta.w 

+,: 

‘\ 92 

Article8 2327b and 2327b~1, Vernon*4 Annotated Civil 

Statutes, oreate and eatabllah tha off lee of court reporter or 

aounty courts in aountiaa aoming within the population braokat 

msntloned in said statutes. Wichita County has a population of 

73,040 Inhabitants aooording to the 1940 Federal Census. It ia 

apparent that the population of Wiohlta County la auoh that said 

oounty does not oome within the population braoket mentioned in 

Artiolea 2327b and 2327a-1; therefore, said statutes are not applicable to Wiahlta County. It la to be understood that w4 espress no opinion as to the aon.stItutionality of said Art10148 

2327b and 2327a-1. 

The passago of Artiolra 2327b snb 23274-1, by ths Legislature, lndioates that tha bgIalatura wa8 of tha opinion that a 

oounty judge did not have the authority to appoint a court reporter 

foi‘ the oounty aourt unless authorleed by statute. 

In the ease of Ragland 1. Cons, 118 S. W. (2d) 1098, th4 

Court or Civil Appeals oi Trxae Amarillo, among other things, had 

under oonsideration Artlole 2321. This was a ease appealed from 

tho Lubbock County Court and Judge Stokes, speaking for the Court 

in the above mentioned oa4e, said: 

“The cake was triad in the oounty oourt and, under 

our statutea, that oourt Is not provided with a ragular, 

ottloial oourt reporter. Article 2327, B. C. S., 1923, 

makea proper provision for such an ottioial reporter, 

however, In any oivil oacm when applied for by either 

party to the suit. It is proviasa that he shall b4 appointed by the judge and ahall*tfwWthe oath requira6 

0r 0rrioIti oourt reporters. 
;. 

” 93 

Honorable Temple Lihell, page 4 

W4 have mad4 a oarelul search of the statutes and fail to 

find any statute authorizing the appointment of a reglar offiaial 

court reporter ror the oounty court of Wichita County. Several 0r 

the aots creating county courts at law (Art1014 1970-329) empower 

and authorize the judges of said oourte to appoint otfloial ahorthand reporters ror suoh courts. The Thirty-sixth Legi alature , I920, 

at its Third Called S08410n, areated a oourt to be held in Wiuhita 

County, to be called thevGounty Court of Wiohita County at I~w.~ 

(Article 197O-15%Art1014 1970-166) Article 1970-166 authorized 

th4 judge of the County Court, Wiahita County, at Law to appoint 

c,n oriioial shorthand reporter for euoh oourt. Artiole 1970-ldda, 

enaoted by the 43rd Legislature , 1933, Sp4014J Laws, page 86, Chaptar 65, transferred tbs- jurisdiotion .oi the Wichita county. Court 

at Law to the Wiohita County Court. Ssotlon 2 of this Aot provided 

that the Aot would have no fore4 and would not disturb the operation 

or the County court of Wichita County at Law until atter January 1, 

1935. 

In anewer~ to your question, you are rsap44trullp a&via46 :f’ 

that it is the opinion of this dopartmant that ths County Judge OS 

Wichita County doer not have the 14gal authority to appoint a court 

reporter ror the County Court or raid county. 

Yours very truly 

ATTORNEY GENERAL OB TEXAS 

BY m@!L 

Ardell Willlama 

A6ali4tant