- . .

OWNEY GENERAL. EXAS

Honorable JackYoung DistrictAttorney Opinion No. C-683 154th JudicialDistrict Re: UnderVernon's Code of Crlmlna Muleshoe,Texas Procedure,a,t wha,t rate should the county pay the court reporter for preparing statement of facts and transcripts In in cases involvingpaupers and those unable to pay or give security for costs, and reDear Mr. Young: lated questions. In a recent opinion requestyou point out that the new Code of Criminal Procedurehas left in question the rate that a county should pay court reporters for preparing atatement of facts and transcripts in cases Involvingpaupers and those unable to pay or give security for the same. Your request for our opinion aska three questions:

"1. Article 40.09, Paragraph 5, Texas Code of Criminal Procedure states in part as follows, to-wit: I, . .Upon certlficate of the court that this service has been rendered, payment therefor shallbe made from the General Funds by the county in which the offense 1s alleged to have been committed.

. .' At what rate shall the county pay the CourtReporter for such transcription?. "2. Is It proper expenditure of County funds I. . by the County in which the offense Is alieged to have been committed

. *
.I to pay for an additional copy, or copies of such transcriptionof the Reporter'snotes for the District or County Attorneywhere such copy or copies are to be used in briefing a case on a~ppeal, on future trials of companion cases growing out of the same transaction, for lmpeachment or other purposes? If such expenditure Is authorized at what rate Is the county -3283--

Honorable Jack Young, Page 2 (C-683)

authorized to reimburse the CourtReporter for such copy or copies? “3. Where countiesare authorized to pay at a ra,te

per hundredwords for transcription of the CourtReporter'snotes, 1s It necessary to count each individualword or Is a reasonable estimationacceptable? Assuming a twenty five linepage of transcription containingquestion and answer testimony,argument of counsel,pre-trial motions, and/or arguments of counsel In a 230-240word per page estimate a fair estlma,te ?" In answer to your first and third questions,Article 40.09, paragraph 5 of Vernon's Code of Criminal Procedure, does not outlinewhat the court reporters shallbe paid or what Is a reasonable amount for preparing the statementof facts and transcripts. In the absence of a statutoryprovision setting forth the amount to be paid, it 1s a logical conclusion that a reasonableamount shouldbe paid. Article 40.09, paragraph 5, states that the court shall certify that this service hasbeen rendered. When the court so certifies, it can state In Its order a rtasonable amount to be paid the court reporter. You have pointed out that although there is no statutory authority for the a,mount to be paid court reporters; Article 2324,Vernon's Civil Statutes,may be used as a guide line, and particularlyparagraph 3 thereof,which provides that the reporter shall receive as compensation therefor the sum of not more than thirty cents (30$)per one hundred (100)words for the original thereof. As to the amount to be paid a court reporter for the preparation of a duplicate copy of a statementof facts, It is also a matter within the discretionof the court. In a,nswerto your second question, this office ruled in Attorney General's OpinionNo. v-976 (1949)that the commissionerscourt was authorized to pay for transcripts of the evidence at an examining trial, orderedby the DlstrictAttorney, on proper certificationfrom him of the necessity for the transcriptas a reasonable expensenecessary In the properand legal conduct of his office. We thereforeanswer your second question In the affirmative.
-3284-Honorable Jack Young, Page 3 (c-683)

SUMMARY In the absence of a sta~tutoryprovision setting forth the amount to be paid the court reporter for preparing a statementof facts and transcripts, In cases Involvingpaupers, a reasonable amount shouldbe paid. The trial Judge can certify In Its orderwhat that reasonableamount shouldbe. It Is a proper expenditure of county funds to pay for an addltlona,l copy of such statement of facts for the use of the District or CountyAttorney In those Instanceswhere a copy thereof la **a** reasonable expensenecessary In theproper and legal conduct of their off'lcta. Yours very truly, WAGGONER CARR Attorney General of Texas

Aaslstant'AttorneyGeneral GJP/dt APPROVED OPINION COMMITTEE W. V. Geppert, Chairman Malcolm Quick Robert E. Owen Sam Kelley John **Banks** APPROVED FOR THE ATTORNEY GENERAL BY T. B. Wright

-3285-