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 a JusDear 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 of Nueces 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 of the’bill is .$~7,8.‘50, which was figured 

at the rate,of $.I5 per 100 words in accordance with 

provisions of Article 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 ~to whether or not it could be 

legally paid.” 

paid. 

You request an opinion as to whether 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 of witnesses 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 the Justice 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. It provides: 

*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 in his district or before a judge upon habeas 

corpus, and he is notified of the 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 in part: 

“Each officer named in this 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 in the proper and 

legal conduct of his office.” 

In Attorney General’s Opinion No. V-538, the facts involved 

:$,---~ 

~~.~~yz~ 

were these: A Justice of the Peace called an inquest and advised the .;q;~ 

county and district attorney of the date the inquest would be held. The &<~ 

county attorney desired to have the testimony of the witnesses trans- 

‘$? 

cribed in question and answer form to aid and assist him .iir the prose- :,~. 

cution of the case should a criminal 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 of the reporter to the Commissioners’ Court as a 

. 1 
L 

. 

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

It was pointed out in Taliaferro v. Hale, 47 S.W.Zd 340, 

(Tex. Civ. App. 1932). that Article 2324, outlining the duties of the 

official district court reporter, does not require him to make transcripts of testimony in a lower court, and it is not part of his official 

duties to transcribe such testimony. It follows therefore that the 

court reporter in question was not engaged in the performance ~of 

one of his official duties in the taking of testimony at the examining 

trial. 

In the light of the facts presented in your 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 a Justice of the Peace, and the district attorney may 

certify such expense to the Commissioners’ Court for payment as a 

reasonable expense necessary in the proper and legal conduct of his 

office. 

SUMMARY ._ 

The District Attorney may properly and legally en-, 

gage the District Court reporter to prepare a transcript 

of testimony of the witnesses at an examining trial before 

the Justice of the 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 

,the proper and legal conductof his :office. 

Your:6 verytmily,, 

FAMc:v 

ATTORNEY GENERAL ~OF TEXAS 

pJ&+& +i=,.~+L$Lw&- 

BY Frank A. b&Cracken, 

Assistant 

APPROVED: