Untitled Texas Attorney General Opinion ( 1944 )

T( OFFICE OF THE ATTORNEY GENERAL OF TEXAS
!J AUSTIN
3
GROVERSELLERS
ATTORNEYOENER*L
Honorable Temple Shell
County Attorney Wiohita county
Wiohita Falls, 8exae
Dear Sir:
therein is, in part, as
r0ii0wa:
tatutsrr oi Texas
the County Judga
ortar in their
.oo, nor 1eIw than
prorule* ror the
"Each district and orlminal dluttlct judge akll
appoint an oliiclal court reporter who shall be a main
officer or the oourt an4 &all b0ia him 0rri06 auring
the plaaauss of tho court. * * *"
This etatute doen not authorize oounty judgor to appoint
oourt reportere r0r the aounty'ooPrt.
91
i %norab'le Temple Shell, pa@ 2
Artlola 232% Vernon*o Annotated Civil Statutes, reads,
in part, as r0110w8:
*TM of+fiofal shorthand roportsr ot each judicial
district in this Stata and the orfioial shorthand rO-
porter of any oounty oourt, elthor 01'111 or orlminal,
in this State, where the oompenaatlon of au&~ reporter
or auoh oounty oourt or judiolal district, is not Other-
wise provided by apaoial law, shall reoeiva a salary of
not mom than two thousand seven hundred dollars ($8700.00)
par annum, nor lass than tuo thousand rour hundred dol-
lara ()2400.00) per anaum, luoh salary to be fixed and
datermIne& by tha diati5ot or oounty judge rqapeotively
or thr oourt wherein auoh 8borthand reporter is employed,
In addition to tha oonpanaatlon for tranooript faaa a8
provia8aror by law. Sal& salary ahall ba paid monthly
by the commiaeionua Court or the county out or the Qaneral
Fund. or the oounty, or in the di@bretion or the Uomml88lon-
era court,out or the jury r-4 0r said oounty, upon tb
goztgioate or tha Judge of auOh Distriot or County Court.
The roregoing 8tatuto authorizer the County Jutl&e to fix
the cciapanratlon or a shorthand reporter or an;l oounty aourt ln the
annunt authorlad by arid statute whare the oompenaation of luoh
ahorthd reporter of a owntf ooplrt la not otherwise poildkd by
awoial Law. 'Phi8 ltatuto &oar aa0 l~p r o ~a ly lnth o r latha
e wmnty
Judgeto appointan 0rri0i8l 8brtbnil reporter fitr a oount~ 00mr*.
It might bo aal& that tb, a08+ty da@ haa the impl%aa mthorlty
undat~ this statute to appointan ofilolal shorthand raportrrfbr a
oouaty oourt *I raid ltatuto 8uthoriaea t&a 0opntJ Judge to fix the
oomponaatlon oi ouoh an oSiiola& lhorthatid reporter wharo the ~~a-
panaation or auoh reporteris'not otharulaoprorldrd by lpaoirl. 1~.
We do not believe that the osmty- jah¶$a has t&a irp~le&aathorltt
onaar thl8 statute to appoint an ofiioid lhotihand seporter to r l
oounty oourt for reasona h8ralnaftarstat*&.
'drtlole 2321, Vdmon*a Annotated Cl011 Statutes, pmrldaa: ’
I
When either party to a olrfl ‘oaao pending in the
county court or county ooq.* at law applies thereror,
tha judge thereor shall cLppofnt a lompeteltt atemgrapbsr,
it 0x18 be prose&, to report thr oral testimony given la
auoh oaao. Suoh etenogfapher shall take tha oath required
or orrioial oourt reporters, ana shall reuiva aot 1888
than iit0 dollamper 4ayr to be taxad and oollaoted as
92
+,:
‘\
mnorabla Tamp18 6hel1, page 3
oosta. In such oassa the provisions or this title
with respect to the preparation of the statement of
facts, the time to be allowed thereror, and for the
presentation to the oppoeite party, and tkm approv-
Ing and riling thereor by the court, ahall apply to
all statements of raota in civil oaaea tried In said
courts, and all provisions of law governing statement
oi raota and bills oi axoaptlon to be filed in dietriot
oourts ana tba use 0r same on appeal, shall apply to
oivil ease4 tried in said Oourta.w
Article8 2327b and 2327b~1, Vernon*4 Annotated Civil
Statutes, oreate and eatabllah tha off lee of court reporter or
aounty courts in aountiaa aoming within the population braokat
msntloned in said statutes. Wichita County has a population of
73,040 Inhabitants aooording to the 1940 Federal Census. It ia
apparent that the population of Wiohlta County la auoh that said
oounty does not oome within the population braoket mentioned in
Artiolea 2327b and 2327a-1; therefore, said statutes are not ap-
plicable to Wiahlta County. It la to be understood that w4 es-
press no opinion as to the aon.stItutionality of said Art10148
2327b and 2327a-1.
The passago of Artiolra 2327b snb 23274-1, by ths Legis-
lature, lndioates that tha bgIalatura wa8 of tha opinion that a
oounty judge did not have the authority to appoint a court reporter
foi‘ the oounty aourt unless authorleed by statute.
In theease of Ragland 1. Cons, 118 S. W. (2d) 1098, th4
Court or Civil Appeals oi Trxae Amarillo, among other things, had
under oonsideration Artlole 2321. This was a ease appealed from
tho Lubbock County Court and Judge Stokes, speaking for the Court
in the above mentioned oa4e, said:
“The cake was triad in the oounty oourt and, under
our statutea, that oourt Is not provided with a ragular,
ottloial oourt reporter. Article 2327, B. C. S., 1923,
makea proper provision for such an ottioial reporter,
however, In any oivil oacm when applied for by either
party to the suit. It is proviasa that he shall b4 ap-
pointed by the judge and ahall*tfwWthe oath requira6
0r 0rrioIti oourt reporters.
;.
” 93
Honorable Temple Lihell, page 4
W4 have mad4 a oarelul search of the statutes and fail to
find any statute authorizing the appointment of a reglar offiaial
court reporter ror the oounty court of Wichita County. Several 0r
the aots creating county courts at law (Art1014 1970-329) empower
and authorize the judges of said oourte to appoint otfloial ahort-
hand reporters ror suoh courts. The Thirty-sixth Legi alature , I920,
at its Third Called S08410n, areated a oourt to be held in Wiuhita
County, to be called thevGounty Court of Wiohita County at I~w.~
(Article 197O-15%Art1014 1970-166) Article 1970-166 authorized
th4 judge of the County Court, Wiahita County, at Law to appoint
c,n oriioial shorthand reporter for euoh oourt. Artiole 1970-ldda,
enaoted by the 43rd Legislature , 1933, Sp4014J Laws, page 86, Chap-
tar 65, transferred tbs- jurisdiotion .oi the Wichita county. Court
at Law to the Wiohita County Court. Ssotlon 2 of this Aot provided
that the Aot would have no fore4 and would not disturb the operation
or the County court of Wichita County at Law until atter January 1,
1935.
In anewer~ to your question, you are rsap44trullp a&via46 :f’
that it is the opinion of this dopartmant that ths County Judge OS
Wichita County doer not have the 14gal authority to appoint a court
reporter ror the County Court or raid county.
Yours very truly
ATTORNEY
GENERALOB TEXAS
BY m@!L
Ardell Willlama
A6ali4tant