- . . 

OWNEY GENERAL. 

EXAS 

Honorable Jack Young 

District Attorney 

Opinion No. C-683 

154th Judicial District Re: Under Vernon'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 involving paupers and 

those unable to pay or give 

security for costs, and reDear Mr. Young: lated questions. 

In a recent opinion request you point out that the 

new Code of Criminal Procedure has left in question the rate 

that a county should pay court reporters for preparing atatement of facts and transcripts in cases Involving paupers 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 shall be 

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 Court Reporter 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 transcription of the Reporter's notes for the District or County 

Attorney where 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 Court Reporter for such copy or copies? 

“3. Where counties are authorized to 

pay at a ra,te per hundred words for transcription of the Court Reporter's notes, 1s 

It necessary to count each individual word 

or Is a reasonable estimation acceptable? 

Assuming a twenty five line page of transcription containing question and answer 

testimony, argument of counsel, pre-trial 

motions, and/or arguments of counsel In a 

230-240 word 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 outline what the court reporters shall be paid or 

what Is a reasonable amount for preparing the statement of 

facts and transcripts. In the absence of a statutory provision setting forth the amount to be paid, it 1s a logical 

conclusion that a reasonable amount should be paid. 

Article 40.09, paragraph 5, states that the court 

shall certify that this service has been 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 particularly paragraph 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 statement of facts, It is also a 

matter within the discretion of the court. 

In a,nswer to your second question, this office ruled 

in Attorney General's Opinion No. v-976 (1949) that the 

commissioners court was authorized to pay for transcripts 

of the evidence at an examining trial, ordered by the Dlstrict Attorney, on proper certification from him of the 

necessity for the transcript as a reasonable expense necessary In the proper and legal conduct of his office. We 

therefore answer your second question In the affirmative. 

-3284- 
Honorable Jack Young, Page 3 (c-683) 

SUMMARY 

In the absence of a sta~tutory provision setting forth the amount to be 

paid the court reporter for preparing 

a statement of facts and transcripts, 

In cases Involving paupers, a reasonable amount should be paid. The trial 

Judge can certify In Its order what 

that reasonable amount should be. 

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 County Attorney In those 

Instances where a copy thereof la a reasonable expense necessary In the proper 

and legal conduct of their off'lcta. 

Yours very truly, 

WAGGONER CARR 

Attorney General of Texas 

Aaslstant'Attorney General 

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-