Hon. James C. Martin

County Attorney Nueces County Corpus Christi, Texas Opinion No. V-976 Re: Authority of Commissioners’ Court to pay the District Court reporter for a transcript of evidence taken in an examining trial for the District Attorney before aJusDear Sir: tice of the Peace.

Your request for an opinion reads in part as follows: “Mr. Paul C. Clendening, official Court Reporter for~the 28th District Court ofNueces County has billed Nueces County for a transcript of evidence taken in an examining,trial before a local Justice of the Peace and which was furnished,to’the~District Attorney to be used inpresentment-before the Grard;Jury at its next meeting. The amount ofthe’bill is .$~7,8.‘50,which was figured at the rate,of $.I5 per 100words in accordance with provisions ofArticle 2324 of Vernon’s Annotated Civil

.Statutes. Mar. Calvin Ramfiehi, -the C,ounty Auditor of ~Nueces County, refused payment andforwarded the bill to me for determination as ~towhether or not it could be legally paid.” paid. You request an opinion as towhether such bill **may** be

We assume from the facts stated that the District Attorney requested the official District Court reporter to appear at the examining trial and transcribe the testimony ofwitnesses m question and answer form.The question presented is whether the Commissioners’ Court has authority to pay the official District Court reporter for a transcript of evidence taken in an examining trial before theJustice of the Peace, the District Attorney having r,equested such reporter to prepare the transcript in order that he might present the evidence to a Grand Jury.Hon. James C. Martin, Page 2 (Opinion V-976)

Article 25. V.C.C.P., makes it the duty of the District Attorney to represent the State at examining trials. Itprovides:

*Each District Attorney shall repr~esent the State in all &iminal cases in the district courts of his district, except in cases where he has been before his election, employed adversely. Whencriminal proceeding is had before an examining -- - court inhis district or before ajudge upon habeas corpus, and he is notified ofthe same, and is at the time within the county where such proceeding is had, he shall represent the State therein, unless prevented -- by other official duGs?&phasis ours) Article 3899, Sec. b, V.C.S., provides inpart: “Each officer named inthis act where he receives

- a salary as compensation for his service shall be entitled and permitted to purchase or charge to his county all reasonable expenses necessary inthe proper and legal conduct ofhis office.” InAttorney General’s Opinion No. V-538, the facts involved :$,---~ ~~.~~yz~ were these: AJustice ofthe Peace called an inquest and advised the .;q;~ county and district attorney ofthe date the inquest would be held. The &<~ county attorney desired to have the testimony ofthe witnesses trans- ‘$? cribed inquestion and answer form to aid and assist him .iirthe prose- :,~. cution ofthe case should acriminal charge result. For this purpose he~n~~a.~o~er.fs-be~~~~:trtinacribe the ,testirnony. Sub- ‘~.:~ sequentlythe county .attorney decided not to file criminal charges. He ~~.,Q submitted the bill ofthe reporter to the Commissioners’ Court as a .1

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Hon. James **C. Martin,**  Page 3 (Opinion V-976)

Itwas pointed out in Taliaferro v. Hale, 47 S.W.Zd 340, (Tex. Civ. App. 1932). that Article 2324, outlining the duties ofthe official district court reporter, does not require him to make transcripts oftestimony in a lower court, and it is not part ofhis official duties to transcribe such testimony. Itfollows therefore that the court reporter in question was not engaged in the performance ~of one of his official duties inthe taking oftestimony atthe examining trial. Inthe light ofthe facts presented inyour letter, we are of the opinion that the district attorney may engage the district court reporter to be present and transcribe the testimony of an examining trial before aJustice of the Peace, and the district attorney may certify such expense to the Commissioners’ Court for payment as a reasonable expense necessary inthe proper and legal conduct ofhis office. SUMMARY ._

The District Attorney may properly and legally en-, gage the District Court reporter to prepare atranscript oftestimony ofthe witnesses at an examining trial before theJustice ofthe Peace for future use in criminal proceedings. The Commissioners’ Court is authorized to pay for such transcript, on proper certification from the .District Attorney, as a reasonable expense necessary in ,theproper and legal conductof his :office. Your:6 verytmily,,

FAMc:v ATTORNEY GENERAL ~OFTEXAS pJ&+& +i=,.~+L$Lw&-
BY Frank A. b&Cracken, Assistant

APPROVED: