No. M-0602 (1970).

• Case Date: March 30, 1970
• Court: Texas

Texas Attorney General Opinions 1970. No. M-0602 (1970). 2872March 30, 1970Honorable Edgar A. WallaceCounty Attorney, Kerr CountyChas. Schreiner Bank BuildingKerrville, Texas 78028Opinion No. M-602Re: Compensation of the Court Reporter for the 198th Judicial District and related question.Dear Mr. Wallace: Your request for an opinion asks the following question:

"[W]hat is the maximum salary a court reporter can be paid in the newly created 198th Judicial District and how each county in that district is to be assessed."

The 198th Judicial District is composed of the counties of Kerr, Bandera, Kendall, Menard, Concho, Kimble and McCulloch. Subdivision (a) of Section 3.026 of Article 199a, Vernon's Civil Statutes. You point out in Your request that the 198th Judicial District overlaps four counties in the 2nd 38th Judicial District, one county in the 33rd Judicial District and one county in the 35th Judicial District, and that Concho County is the only county in the 198th Judicial District which has no overlap. Section 2.008, Article 199a, Vernon's Civil Statutes, applicable to the 198th Judicial District, provides:

"The district judge shall appoint an official shorthand reporter for the court who shall have the qualifications and receive the compensation prescribed by law. If other district courts have jurisdiction in the county, the official shorthand reporter is entitled to the compensation prescribed by law for the official shorthand reporters of the other district courts."

The maximum compensation of the court reporter for the 2nd 38th Judicial District is $8,500 per annum. Article28732326j--51a, Vernon's Civil Statutes. The maximum compensation of the court reporter for the 33rd and 35th Judicial Districts is $8,500 per annum. Article 2326j--24, Vernon's Civil Statutes. Article 2326j--24 provides that the salary fixed by the district judge "shall be paid monthly, by and in proportion for each county of the district as provided by law, ... ." Article 2326j--51a provides that the salary fixed by the district judge shall be paid "by the commissioners court of...