NEY GENERAL 

O,P TEXAS 

PRICE DANIEL 

ATTORNEY GENERAL 

April 9, 1948 

Hon. Elmer 8. Parish, 

District Attorney, 

Thirteenth Judicial District, 

Wichita Falls, Texas Opinion No. V-538 

Dear Sirr 

Rer Liability for compensat ion to stenographer for taking and 

transcribing testimony at an inquest, 

We refer to your letter of March 15, 1948, in 

which you submit the followingr 

We would like for you to submit an opinion to us as to whether or not a $150.00 

fee of a reporter for taking testimony ate 

an inquest and transcribing the testimony 

is a proper and necessary expense to be 

paid as expenses of the County Attorney. 

e 0 0 

n o D , The Justice of the Peace called an 

inquest on the case and advised both the 

County and District Attorney’s offices 

th;tl;;id inquest would be heard on Augm The County Attorney desired to 

have the testimony of the witnesses transcribed in question and answer form to aid 

and assist him in the prosecution of the 

case should a criminal charge result. For 

this purpose he made arrangements to have 

a reporter present to take down the testimony and transcribe the same. 

“The hearing consumed two days and the reporter submitted a bill to the County Attorney for the sum of $150,00, All the 

testimcng introduced in the trial was 

/: 
Hon. Elmer H. Parish - Page 2. (~438) ,, 

transcribed by the reporter in question 

and answer form. After a study ,of the 

Statement 0r Pacts, no, criminal charge 

was filed. The County ‘Attorney submitted 

the blll,of the reporter to the Commisslonefs’ Court as a reasonable expense necessary In the proper and legal conduct of 

.his office. The Commissioners’ Court 

failed to approve the bill or author&G ~. 

the payment by t,he County Attorney but, 

did authorize the Justice of the Peace to,, 

pay the same. 

“In Wichita County the County Attorney receives a fixed salary as compensation for 

his services and the Just Ice .of the Peace 

is on a fee basis.” 

As we construe your letter, the question is 

as to whether the Justice of the Peace or the county is 

-liable for the compensation to the reporter employed by 

the County Attorney to take and transcribe the evidence 

in the Inquest proceedings in question and answer form 

to assist the County Attorney in the prosecution of an 

anticipated criminal charge. 

The authority and duties of Justices of the 

Peace concerning inquests are prescribed in Articles 96 

989, and 1053, V. C. C. P. 

Article 975 reads8 

nWitnesses shall be sworn and examined 

by the justice and their testimony reduced 

to writing by or under his direction, and 

subscribed by them.” 

Article 987, V. C. C. P, require,s the Justice 

of the Peace to l’cert$fy to the proceedings and shall enclose in an envelope the testimony takenw etc. 

Article 1053, V. C. C. P, reads, in part: 

“A Justice of the peace shall be entitled;for an inquest on a dead body; ineludlng certifying and returning the proceedings to the 

Dollars ($10 P 

roper. court, the sum of Ten 

to be paid by the county.” 
Hon. Elmer H. Parish - Page 3 (v-538) 

You say that the inquest was held because a 

question was raised that the death was under circumstances which may have constituted negligent homicide, 

and that “the County Attorney desired to have the testimony of the witnesses transcribed in question and 

answer form to aid and assist him in the prosecution 

of the case should a criminal charge result. For this 

purpose he made arrangements to have’ a reporter present to take down the testimony and transcribe the same.” 

The question is as to whether the County Attorney was authorized to incur such expense to be paid 

by Wichita County under section b of Article 3899, V.C.S., 

the pertinent part of which reads: 

“Each officer named in this act where he receives a salary as compensation for his services shall be entitled and permitted to 

purchase or charge to his county all reasonable expenses necessary in the proper and 

legal conduct of his office.” 

The County Attorney was present at the inquest 

in the *legal conduct of his office,11 

Article 977, which prescribes procedure in inquest proceedings, reads in part: 

“If any other persons than the justice, 

the accused and his counsel, and the counsel for the State, are present at the inquest, they shall not interfere with the proceedings. No question shall be asked a witness 9 except by the justice, the accused or 

his counsel, and the counsel for the State.” 

Article 26, V. C. C. P,, reads, in part: 

“The County Attorney shall attend the 

terms of all courts in his county below the 

grade of district court, and shall represent 

the State in all criminal cases under examination or prosecution in said county.” 

In the case of Meyers v. State, 26 S. W. 199, 

an inquest had been held. The testimony of a witness 
Hon. Elmer H. Parish - Page 4 (V-538) 

was taken in the presence of the defendant and his counsel, who were offered the privilege of cross-examination, 

which offer was refused. The witness died and on trial 

the defendant objected to the evidence taken because It 

was taken at an inquest, 

said8 

The Court of Criminal Appeals 

“It seems wholly Immaterial whether the justice 

styled’the proceeding an ‘inquest’ or an ‘examining 

trial’ e O . .I1 and held the evidence admissible on final 

trial of a charge of murder against the defendant. The 

Court held that the justice of the peace may hold an examining trial while holding an inquest. In efther such 

case the defendant may cross-examine witnesses and the 

County Attorney has the duty to be present and represent 

the State. 

In Opinion No. O-3670, a Conference Opinion by 

a former Attorney General, It was held that expenses fncurred by the County Attorney, compensated on salary basis, in attending justice courts in lfne of duty fn the 

county outside of the county seat are “expenses necessary 

in the proper and legal conduct of hfs offfcew wfthfn the 

quoted language from Article 3899, V, C. S. 9 and payable 

by the county. 

We are of the opfnfon that Justices of the Peace 

are not required to have the testSmony in an inquest proceeding taken and transcribed in question and answer form 

or to pay for such service rendered by the reporter. 

We are also of the opinion that, in the factual 

situation stated in your letter, ,the County Attorneywhose 

compensation for services is on a salary basis, was aeting in the proper and legal conduct of his office, and was 

authorized to employ the reporter to take and transcrfbe 

the testimony in the Inquest proceeding in question and answer form for use In the prosecutfon of an anticipated 

criminal charge. 

SUMMARY 

Justices of the Peace are not required 

to transcribe testimony, taken by OF under 

their direction in an inquest proceeding, in 

question and answer form. 
Hon. Elmer H. Parish - Page 5 (V-538) 

The County Attorney of'wichita County 

was authorized to require that the testimony 

taken at an inquest be transcribed in question and answer form for use by him in the 

conduct of his office in Investigating 'circumstances concerning a death and to employ 

a reporter to take and transcribe such testimony at the expense of the county, 

Yours very truly, 

ATTORNEY GENERAL OF TEXAS 

WTW:wb 

Encl. 

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