The Yakima herald. [volume] (North Yakima, W.T. [Wash.]) 1889-1914, 1907-07-17
STATE LIABLE
FOR SOME COSTS

L
ditor by county auditor, as follows.
There seems to be difference Of
opinion here in regard to costs for
which the state is liable. / am not
satisfied just what is right and would
be very glad If you would give me .
little information along this line:
"Is the state liable for any costs
other than witness fees?
| SIS the state liable for any costs
in any action other than an action
where the crime charged is a felony?
as 1t necessary to render a cost
bill to your office where a defendant
pleads guilty to a felony?
| "Is the state liable for costs in
cases of delinquent child adjudged
and sent to the industrial school,
such as witness fees and sheriff's
costs?
"In any case, should Justices costs
be taxed against the state?"
The attorney general in reply
says:
CAS- stated in the case of State ex
REL, etc. VS.. Grimes, Washington.
445, this is one of the most difficult
matters which this office has been
called upon to consider, because of
the almost total lack of statutory
guidance. The matter was practi
cally considered in the above case
where, under the same Flaw that is
now in force, it was held that the
state Is not liable to the county, up
on the successful prosecution of a
felony in the superior court, for such
costs as clerks and sheriffs fees,
fees and mileage of jurors, stenog-
rapher's charges and expenses in
Cured for a plat of the scene OF the
crime, nor for the fees of defen-
dant's witnesses in THE preliminary
examination, but that in such cases
the state is liable for the fees of de-
PENDANTS witnesses appearing AMI
testifying at the trial, when the cost
bill therefore has been certified by
the clerk and approved by the Judge.
The case was decided upon the theory
that the clerk and sheriff were sal
aried officers and could not collect
fees from the state or county; that
the stenographer's services and a plas
CT the scene Of the crime were mere
conveniences the use of which are
neither authorized nor provided for
by the statutes; and that counties are
expressly made liable for the pay
ment of jurors fees and expenses by
the code of 1881, section 2110, and
that a jury is an essential part of a
criminal court, which the county
must provide. But that the fees and
mileage of defendants witnesses be-
| ing a necessary charge against the
county, should be paid by the state
in the case of conviction of a felony.
1.-The court held further that the
counties are burdened with the en-
tire cost of the administration of the
criminal laws, within their respec-
tive boundaries, except where the
law expressly provides to the con-
trary The only section of the code
providing for the payment Of costs
by the state is section 1851 of Bal
fingers code, which provides that in
all convictions for felony
the state shall pay all costs allow
able against the state.
"a careful examination of the fore
going case and of the statutes forces
us to the conclusion:
q. That so far as we can see at
present the fees and mileage OF
states and defendants witnesses at
the trial and of the preliminary hear
ing can be legally charged to the
state even in the case of conviction
OF felony. 1t may be that there are
other items of costs which may be
lawfully charged which would not
come under the head of salaried of
ficers, fees. and necessary court ex-
penses such as stenographer's fees,
maps. etc, but we could not we'll de-
eide whether in any particular in
stance such charge could be made
without each particular proposed
charge being brought to our atten-
ton
20. That the state cannot lawful
ly be charged with any costs what
ever in any criminal action other
than in case of a conviction of fell
ony and this would apply as we'll to
proceedings against delinquent chill
dren.
80. That a cost bill may be rem
dered when a defendant pleads gull
ty OF felony If witness fees have
been properly incurred.
"a. That Justices costs can only
be taxed against tine state as IN the