Case Information
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OFFICE OF T’HE ATTORNEY GENERAL OF TEXAS
‘. AUSTIN H. H. Courtney ;reon;;le
Motley County
~Matedor, Texas
Opinion IJo. O-51 'We need to know just ho* we should ~ndle the County Attorney fee in a misdemeanor oase.~ *2 .
Honorable H. H. Courtney, page 2
. Should we collect the fee ior the Coun%y Attorney when we oolleot the flue and oost, or should the County Attorney fee be.1 t out? If we &OlleOt the fee for the County A ormy, what should we it
do with it? Should it be! turned over to the county Tressurea??
'We would also like to kuow how the fustioe OS the Peace oan submit his Monthly Aooount of Fees Due without the Oountg Attorney making his oertiSlcate7
We kuow what we should do ii we had an &- sistant Couuty Attorney,.but sinoe we do not have a County Attorney or en Assistant County either Attorney we do not know whet we should do.
“We will eppreoiate it very muoh if you ylll send us this informstloq at once, 07 teu us where .ykoan f~~,it in case you cau*t send ba an "pi+ ;. \
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fitho@& &$ .&., ~.t~.a$&,jj& u ..mw gw*'rL mr:;&e ~~ . . pur$oses‘ei thi,opiui~u, we esmne that,the, eoodty attornky did not resign his offioe before edering'lnto th&.armed .: servioes of this Qq3nt;L?r. Xc we are oorrect'in %hthia asa@@- 1 ! tioii then the'noa&ssionersi oaurt &either has tke author%tJr t6 @ant:8 leave at absenoe tothe~oouutp etbo@.ep to enter the armed fo*oes nor the power to deolare his office vaoant ", it he does enter t&e amae& -for43ea, j{+ke iyu~opmon x0. 04533, a cop* ,of which 4s eue$sed:.hereql?&j .:I' . . ,-
With refersnoe:to t&e disposition or the feee OS the.oouuty attmney we th$.uk t&at our Opinion No. 8-4599 , enswe~e your inqoiry. This oplnl~n hcldsr
"l! Where the oouuty attorney haa takcu sc#ne action in the aase SOr the Statein the jus- tice court he would be enf%tled to the ,#5.00 I@ on e ploe of guilty in the justioe. e~ourt regard; less or whether he was present In the justice court et hhe'tl$ue the plea was entsreb; For exazuple, it youroouuty attorney ,riled a 'oos+ plaint j.n jnstd.oe court before he left to join *3 E?norable H. H.. Oourtney, page 3
the Army he would be entitled to.the $5.00 fee i, if the.defendant subflequently ,plsed guilty.
“2. If the oountg attorney has not taken any aotlon In saoh e oase\and Is not present end ready to represent the State at e regular teim of the,justioe oourt,and a'defendent .pleeds gull- ty et suoh regqlar te'rm the oounty attorney would not be enti'tled to the fee. Nor would the ooun- tg be entitled to the fee. If no ice-is due the oounty attorney it would not be charged against the. defendant.
'0 3. 'If+he.d~fendent plead guilty in Jus- tise oourt'et any tir+3 other than the regular.
*elm of suoh 00w.3 the oounty attorney would be entdtl&d to e $5.00 fee awn though he was not
resent and hed‘taken no eotidn in the ease.* s We are also 8noloslng a, ogpy 0r taie Bpinlon.) ** . ,.Z!rovidad'thb Ctitislon+s aourt : &+ ao* ,$* &$ :&&&w*;&$$ ~.~~*~~'&#+j; &$:w -.. ; o&ise tried an&in wlii?h an doqai$tal is had on- I less the gtate~ pf Taxes was ~presedted in the
trial of said oe,use by the County Attbrney, or his,aseistant, CrlmUal Dlstrlot Attorney 6r his .' .; 'atiEistant, tid the oert+fioat@ of aeld.Attorney
iti'atteoh&, to aaid adtiount 'oerttiying to the fe6t tha% said oa!se w~as tried, and the State bf :. .~.!&xe.a was, qQpxyented,~and'fhat ~3n.h.i~ #3gment
":~' .jtherS was s'iiioient~$vi'denae in said oauhe to
dand a.trial of,~same6*
'It is our opinion that in the oases oft eoquittal, be- fore the josfloe'of the peeoe is entitled to his fee, the county attorney,.or his assistant, would have to oertify to the Facts es requlred by said Atitiole 1052.
A&Mole 31,'Yernon's Annotated Cd68 Or Or5.ainal Proasbure, provides:
Wxeneverany distrlot or oounty attorney fe%u to aMifw&any tena of the dfstriot, oounty *4 'Honorable H. Hi cQUTf;n8y, page It '
or 5uatioe~s oourt, the judge of s&$ court Qr~ euoh &&ii08 aray appoint soms 00@8tefLt attolmey to.,perfOrm the duties of Swh dla%$riot or oounty attorney, who shall be allowed thd Bem8 oonrpense- tlon for his services es is all6t!ed the dietriot attorney or eoonty attorney. Said eppotitmnt shell not extend beyond the term of the oourt, at which if is mad+, end &haUtbe reoete4 upoh t&e appeeranoe Of,th8 d$striOt or OOtlaty attOrnOy.*
it iP QIU $USther OpirLiOSl theii if -the justioe gf.the sea8 appoints an attorney pro tern under the pro~vislons of this L tiole the attorney.pro'tea~aOuld make.the oertif'idates is reqUi%%td by aFti@e 1052~ .&I ett6rneg;'pro Gm appointed,by the oourt has all the p~wvs end Untiea Of ths regulai prose- outing attorney. State v..LaOkey, 3EYTex. 357; in $he ebsenO8'0f %be.oertifiOete re* Therefore; quired by ArtlblO 105&,ln .oasfts Qf'ao&ulttal, th6'$iis@ee i& the peage would'not be,Bnfitle!l,to hl~'+e..~ ,~~ :,'; .
BY h/ ’ Aru9l.l Williams ASBiS$FxIlt AW:db EiiOlOSurO
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