Untitled Texas Attorney General Opinion ( 1965 )

Honorable C. W. Karisch Opinion No. C-451 County Attorney Waller County Re: Whether a County may lawfully Hemps tead, Texas pay fees of $25.00 per day for each day in Court to counsel appointed to defend persons in felony cases where the defen- dant pleads guilty and is tried Dear Mr. Karisch: before the Court. You have requested an opinion of this office regarding the above question. Article 494a, Section 1, Vernon’s Code of Criminal Procedure, as it appears in Acts 1951, 52nd Leg., ch. 19, p. 52 providedas follows: “Whenever the Court shall appoint one or more counsel todefend any person or persons pursuant to law in any felony case in this State, each counsel may, at the dis- cretion of the trial judge, be paid a fee in the sum of Ten Dollars ($10) per day for each day such appointed attorney is actually in trial court representing the person or persons he has been appointed to represent. Provided, further, that in-all cases wherein a bona fide appeal is actually prosecuted to a final conclusion, each appointed counselmay be paid Twenty-five Dollars ($25) for said appeal. , . .‘I Article 494a, Section 1, as it appears in Acts 1959, 56th Leg., 2nd C.S., ch. 31, p. 147, provides in part as follows: “Whenever the court shall appoint one or more counsel(s) to defend any person or per- sons pursuant to law in any felony case in this State, each counselmay, at the discretion of the trial judge, be paid a fee in the sum of Twenty- five Dollars ($25) per day for each day such -2 l-3 7 -1 Hon. C. W. Karisch, page 2 (C-451) appointed attorney is actually in trial court representing the person he has been appointed to represent. Provided, further, that in all cases wherein a bona fide appeal is actually prosecuted to a final conclusion, each appointed counsel may be paid One Hundred Dollars ($100) for said appeal. Provided, however, on pleas of guilty before the court, said appointed counsel may bepaid TenDollars ($10) per case. . . .I’ (Emphasis added) Moreover, the title of the 1959 version of Article 494a stated: “An Act amending Article 494a, Vernon’s Code of Criminal Procedure, increasing attorney fees for representation of indigents accused of felony offenses; providing that attorney fees may be paid; providing for fees on pleas of guilty; repealing all laws or parts of laws in conflict herewith; expressly repealing Section lA of Chapter 19, page 25, Acts of the Fifty-second Legislature known as Section lA of Article 494a, Vernon’s Code of Criminal Procedure; and de- claring an emergency.” (Emphasis added) It is elemental that there is no room for construction of a statute when the law is expressed in plain and unambiguous language and its meaning is clear and obvious. 53 Tex.Jur.2d 174 and cases there cited. It is also basic that the title of an act may be considered as a guide in circumstance showing legislative intent. 53 Tex.Jur.2d 248 and cases there cited. It should also be noted that a proviso is substantially an exception. 53 Tex.Jur.2d 210. Based on the above where a felony is involved, a County may lawfully pay appointed counsel $10 per case on pleas of guilty before the Court. SUMMARY A County may not lawfully pay fees of $25.00 per day for each day in court to counselappointed to defend persons in felony cases where the defendant pleads guilty and for trial before the court. -2138- Hon. C. W. Karisch, page 3 (C-451) Very truly yours, WAGGONER CAR R Attorney General of Texas JPB:sss APPROVED: OPINION COMMITTEE George W. Gray III, Acting Chairman Harold Kennedy Malcolm Quit k Gordon Cass Linword Shivers APPROVED FOR THE ATTORNEY GENERAL BY: T. B. Wright -2139-