HonorablellLllign T. Curry county Attorney Bumet County Bum&, Texas Dear sir: opinionNo. O-9270 Rer Upon rhaa doea the reaponsibility for taxing aosts fall in justioeand county oourts, and **another** question. Your recant request for UI opinion of this department on the questionsherein stated has beenreceived.

The questions presented in your letter are a.6follows: "First,upon v&an does the responsibilityfor taxing costs fall in justios and county courts? "Secondly,when a oounty court cam is filed originally in a justioe court,arrest made therefrom, examining trialwaived and the oaae transferredto oounty court for trial or plea of guilty there, . . . is the juatioerho did a11 the work entitled to a fee for transferring? to a trial fee? to both? Wa quote from Texas Jurisprudenoe,To';.26, page 799, 18 follows: "Roils I justioe of the peace irr not I **‘ clerk**  of the court'within themeaning of any statute,.yt, by requiringhim to keep the reoords of his oourt, the law in sffeat imposes upon him the duty of 

### l oting a8 clerk in his own courtwithout my emoltnnent other than that to which ha may be entitled 18 justioe. . . . "In addition to a aivil docket, a justice is required-$0keep such other dockets, books and reoords as may be required by lew; also a fee book inwhich he shall be taxed all oosts accruing in every suit oommenoedbefore him. . . .*. . \

HonorableWilliam T. Curry, Pry;02 (o-3270)

hrtiole 2382,Vernon'sAnnotated Civil Statutes,reads in part a.8

follows8"Each justice shallkeep L civildocket in whioh he shall enters

u120 He shall also keep ouch other dockets, books mnd records as may be required by law, and shall keep a fee book in which shall be taxed all costs lctruing in awry suit camnenoedbefore hime" Article 1085, Coda of Crtiinal Procedure, reads in part 88 fOlhW8 8 I o ear& justice of the peace, shallkeep

a bookpa& which shall e entered the nrPnber and style of eaoh criminalaction in their respeotive courts,and the name of eaohwitness subpoenaed, attaohsd or recognized to testify therein, showing whether on the part of the State or the defendant." bptiole 1013, Cods of Criminal Prooedurs, reads a8 follcwsr "No costs shallbe payable by any person until therebe produced, or ready to be produced, unti; the parson chargeablewith the same8L written bill oontainingthe items of such oosts, signed by the officer to whcsasuch oosts **are** due or by whom the 8emeare charged." Article 3770,Vernon's &n&ted Civil Statutes,provides as followsr "mar the adjounment of a district or oow@

oourt,.the clerk thereof shall+ax the costs in 0-e ease in which L final judgment h*8 

### been rendered, and issue execution to enforce such~~udgmentend collect such costs." It is statedin Texas Jurisprudence,Vol. 11, Page 311, thats "0 0 0 Taxing costs is the duty of the olerk after judment, rawellis before, aad in my 018e is a duty imposed onthe clerk alone,, D o D 0" Costsare taxed against the defendants inmisdea\tianor oa8bseHonomble li1lia11 T. CWry, Page 3 (013270)

In the foregoing,you .r. respeotfully .dy$nsd that it is the opinion of this department th.t it is the duv of the justice of th peaoe tot.x all costs .coruing in his court .nd the S~MA duty is imposed upon the olsrk of the county court regarding .llo.saa 1~1th. county oourt.

From your letter .nd our oonvers.ticnwith you, wi+&b&r.- eno. to your second question,we understand the facts tobe substmnti- .lly .a follows: A arrmplrint wx. filed intha justioe oourt oh.rging the dafend.ntwith an offense of .tuch. nature th.t the jusltioe 

### CO& h.d no jurisdictionof or over the sruue.The oompl.int .nd otherp.- 

### pars inthe 0.8. were+r.nsferred to the county oourtby the justice of the pe‘ce. Iioexamining trill IU.S h.d, but .s above indio.ted,the oanpl.intwhich shouldhave been filed originally in the oounty court w.8 in.dvertentlyfiled in the justia ocurt.~For the purposes of this opinion, we do not considerorp.88 upon .W propositionrag.rding sxanining trials in misdemernor,..sss,bsc.usa, 8s we understmd the f.ots in this o.s., this question is not before ~8. Therefore, you .m rdvised that it is our opinion th.t where .QS. is originally filed in . justice oourt, .nd is . 0.8. suoh.8 . justice courth.s no jurisdictionthe suna o.nnotbe ldg~lly trulsferredto the county court,but it would be neoessary to file suoq 0.8. origin.lly in the ~oounty

aourt. Seation 18, Article 6 of the St.ta Constitution,provides in

* Justlo of the Pa.00 sh.ll h.ve jurisdiction in ar+n.l m.tte~s InI 11 0.8.. where the pen.lty or fins to ti~impcasdbu 1.wm.y not be more tbn Tlo Hundred lbl1.m. . . . Of which exclusive original jurisdictionis not giwn to the district or ocunty courts; .nd such other jurisdioticn, orFaina1and civil IS rmry%be

providedby 1.~. . . ." Where . 0.8. $IJ

&aadwrtently filed in . justice courtwhen the soa& shouldh.w been filed originally in the oounty oourt, them is Wlleg.1 authorityauthoiizing thetr.nsfer of such. 0.8. to the county court. The justios court **never** .cquires jurisdioticnof said 0.8. urd .ny proceeding of the justioe oourt in oonneotiontherewith is wholly void. The justioe of the pe.oe is entitled to no fee whatsoever in such

. 0.*e. Trusting th.t the foregoing fully .nsvam your inquiry,we .m Yours wry truly

mm APPROVED MAR 24, 1941 Ger.ld C. M.nn /s ATTORBEYG~OFTEXAS U'TOREEYGEXERALOFTEUS By s/ Ardell Rllimns Ardrll Rilli.n~~ Assfst‘nt