Honorable llLllign T. Curry 

county Attorney 

Bumet County 

Bum&, Texas 

Dear sir: opinion No. O-9270 

Rer Upon rhaa doea the reaponsibility for taxing aosts fall 

in justioe and county oourts, 

and another question. 

Your recant request for UI opinion of this department on the 

questions herein stated has been received. 

The questions presented in your letter are a.6 follows: 

"First, upon v&an does the responsibility for 

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 trial waived and the oaae transferred to 

oounty court for trial or plea of guilty there, . . . 

is the juatioe rho 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 the meaning of any statute,.yt, by 

requiring him to keep the reoords of his oourt, the law 

in sffeat imposes upon him the duty of l oting a8 clerk 

in his own court without my emoltnnent other than that 

to which ha may be entitled 18 justioe. . . . 

"In addition to a aivil docket, a justice is required-$0 keep such other dockets, books and reoords as 

may be required by lew; also a fee book in which he shall 

be taxed all oosts accruing in every suit oommenoed before him. . . .* 
. . 

\ 

Honorable William T. Curry, Pry;0 2 (o-3270) 

hrtiole 2382, Vernon's Annotated Civil Statutes, reads in 

part a.8 follows8 

"Each justice shall keep L civil docket 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 l ctruing in awry suit camnenoed before hime" 

Article 1085, Coda of Crtiinal Procedure, reads in part 88 

fOlhW8 8 

I o ear& justice of the peace, shall keep 

a bookpa& which shall e entered the nrPnber and 

style of eaoh criminal action in their respeotive 

courts, and the name of eaoh witness 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 shall be payable by any person 

until there be produced, or ready to be produced, 

unti; the parson chargeable with the same8 L written bill oontaining the items of such oosts, signed by the officer to whcsa such oosts are due or by 

whom the 8eme are 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~~udgment end 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" 

Costs are taxed against the defendants in misdea\tianor oa8bse 
Honomble 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.ticn with 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.nt with an offense of .tuch. nature th.t the jusltioe CO& 

h.d no jurisdiction of or over the sruue. The oompl.int .nd other p.- 

pars in the 0.8. were+r.nsferred to the county oourt by the justice of 

the pe‘ce. Iio examining trill IU.S h.d, but .s above indio.ted, the 

oanpl.int which should have been filed originally in the oounty court 

w.8 in.dvertently filed in the justia ocurt.~ For the purposes of 

this opinion, we do not consider orp.88 upon .W proposition rag.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 court h.s 

no jurisdiction the suna o.nnot be ldg~lly trulsferred to 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~impcasd bu 1.wm.y not be more tbn Tlo 

Hundred lbl1.m. . . . Of which exclusive original 

jurisdiction is not giwn to the district or ocunty 

courts; .nd such other jurisdioticn, orFaina1 and civil 

IS rmry%be provided by 1.~. . . ." 

Where . 0.8. $IJ &aadwrtently filed in . justice court when 

the soa& should h.w been filed originally in the oounty oourt, them 

is Wlleg.1 authority authoiizing thetr.nsfer of such. 0.8. to the 

county court. The justios court never .cquires jurisdioticn of said 0.8. 

urd .ny proceeding of the justioe oourt in oonneotion therewith 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