Case Information
*1 Bon, George H. Sheppard,
Comptroller of Public Accounts,
Austin, Texas opinion No. v-354
R0: Reimbursement of travel er- psnses of a DistTiot Attor- ney for travel to Austin in connection with cases whioh he ,proseouted in the trial oourt and whioh bad been reverse& OA appeal4 DearSir:
From your letter presenting the above'&&- ter ror an opinion by this department, we take fol- lowing statement of the Distriot Attorney:
"The three trips to Austin, two of whioh occurred in 1945, snt¶ one in 1946, were made in connection with three oriminal oases whioh I h&proseouted in the trial ana whioh WQP~ reversea by the court Court of Grim, Appeals. The trip in 1945
was in connection with a notion for re- .
hearing, an8 the other two trips were for the purpose of discussing the reinaiot- ment of the defendants with the State's Attorney and the judges of the Court of Criminal Appeals; In both of these lat- ter oases the court had indioatsd that the inciict5ents were defective but had not explaiksd in what way they were defeo- tive. These were irrrportant cases and I deemed it necessary to seoure the inform-.
ation before reindicting the~aefendants.
Both defendants have been'reindioted. One has been tried and acquitted ana the oth- er is still pending trial,"
Artiole 6820, Revised Civll,Statutes of Texas, insofar as pertinent, is as follows:~
3Ian. George Zr: Sheppard - Page 2 (W554)
~%I.?.1 district judge6 and district attorney8 when eneageed in the dksoharge 0T the.ix of$foial duties in any county in this state other than the county rif their residenoe, shall be alLowed their acttin and necessary expdrnses whi3e aa- t,w!LLy eagag8.d in the discharge ~9 such a%t:e~cr 1 s ,m
‘%?aoh distrlcxt atto.rWy &i&11 rep+ rese.nt, State Ln all a&m&r& cases ig thz aiatri0t Ooyrte of M3 bfetrfot . *; f
“The Court of Criminal Appeals shall appoint an attorney to represent, the State in all prooeeflfngs before said court, to be styled ‘State Prose- outing Attorney, * n
Construing these statutes this department advf sea you under data of Ootober 25, 1935, that:
n such Uatrfot Attorney would not b; &clkitled to his milaage and expenees while ongaged in appearing before the f;;y of Criminal. Appeals as Article
a 2wis0a civzz statutm or Tkmh3, 5ciko)s Lit the duty of .the State Proseout- ing Ltkornoy to ri;present the Eltate -to all pGxte&&g~ before $3id oourt +
%%e set of aaid diatrlot attorney in, follawina up Us cama, wtLSZe oommend- able, 13 not the oPfl4aL duty o? said attorheg and the GomptrolLex would not. bta authorities to pay the same,*
.%, ‘? “I .
iq any offioial duty when he traoeXed beyond hia WV- triot to appear before the Court of Orlm5.ml.~peal~ -fn ,
c *3 Bon. Gf$or&3 ri. Sheppard - Page 3 (V-354) CommctioE uith 8~ SIK&.O~’ for rehearing, DOr whQ0 he made similar trips for the purpose of dieouasbg thr roindiotnoAt or the &fondants with the State* 8 At- torney and tko Judges of the Court of Crimihal Appeals. Xis solicitude was comondable, but .his trips iverB Ilot $a, in the disoharge o?, a duty imposed upon hlih by
. a
0~ Opinion No; i-306 of date July '16,'1947; ad&reseed to Zoa. Lsslio D. Wll.it~@, DSstrlo,t Attorney, Dranhazi, 'Pox?ii>, is r;ot to be CohstMled as beihg ia COP fliat with anything we have said in thie. opinion. Cur holdi&p in tlzt opitioa. merely advised the Distriot At- torney.thatf "You are entitle8 to oharge ana reoeive 'your aotual'aml necessary expenses &ile engaged in dis-
charm of 'Your duties in oounties outaids of Your home coun%yj noi to exaesd, of .pourse ; the lititatione as to auouhts speois?feU in the statute." We merely assumed the District Attorney1 s ,aonalusion that he wae on offi- .aial business, an8 exprdsslg state& in the opinion "We cannot be specifio as to items tor the reason that you . ;
state ho items." The opinion', howeYe,r, ie probably oap- able of a construotion in cotillat wkth our' qotialusion in this 'opigioh, but such was not the intsntfoa: of the light .of the puotatloos thwefron above opinion in.t,he .' *, maae: :
SiJMMAIiY ‘A. dietriat attorney is hot enti'tle8 to
payment, or W&burqement ior pay&e& of &is *travel o&Tenses from the oouatp at his z%ai- den00 to AU!d?iIl i!& $OM%OtiOil With a ElOtiO!l for I'ehearing, or for thi3 purpo8e of &iSousdt .G:~ ing tkil3 Jaitter 6s rsinaiotment of+ %sfeailit6 . . .,' '* "'!with the Stat.e*a ,Attornay and the Judges of ..: the Court of Criminal Appaals, in 08888 prose- mted by him which had beeti reveza& Rev. Civ; Stat:, krt. 6820; Code C.xim, WOO., Art. 23i Rev.. C5.v.. Stat. ;&rt. ,181la
Ycyrs very truly, X&&AS s34JdBNT .(.
ATTORNEY Gl!%EBAL
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