Opinion letter to the Honorable John A. Honssinger

C'Jp1D10ft ., • 239 anavere4 b7 letter ( .. aMftfdd) January 4, 1963 ·~, /~ (ifC:.~) Honorable John A. Bonaetnaer P.roeecuttna Attor.oe.r Laclede Count,' ~banon, 111 .. our1 Dear 1lr. llonea1nger 1 F l LED I You have requested the opinion or th1e oft1oe ae tollowaa "A. tel0117 ebarp ot Clran4 ateal1rla waa aent on a cbance ot venue tr011 taolecte County to ouaden Count)", IU.eaour1. ftle caM wu there tned bet~ a Jv.%7. '!he C1rou1t Clew ot Cew!ea> CowaQ' baa riled, b7 the approvlil ot JQ"Mlt alid .1U4p CUrti•, .1A aooora&ace with hot1on 550.130, the ooata bill in thia caM. !he o~•t• bill 1nolu4ea tbe coata or the Jurr panel. Ja kcl.Se Count)- retutr.d to PQ", •• a part oE tbe coata1 the expenae ot ~ JU1'7 panel haa c.il4en Count'J', tu.aeour1 t l have r.- Mvobed 8eot1on 55().120 ad aeotJ.on 550.130, blat ~1114 Aoth1D& to Mt1a- f'actor117 an_,. -.r probl-. • leot1on 550.120 laJ 1959 poy14ea 1n part that 1n arq cr1a1 na] oalA• 1n 11blch a ~ 'ot nmut 1a tu.D troaa one cOUJJt7 to 8DI' other 00Uil"t7 and "1D iidi1ah oo•n are liable to be paid out ot a o011Dt7 trit&INI"J • ncb. co a aball be pa14 by the count7 1n lfbich the 1i.i41ctm.nt •• oriaJoall.y t'oun4 or the prooeecUnp ware or:ti1nallJ' 1Dat1tlated." Section 550,130 11Mb 1959 provide• tar the oert1t1oat1on ot the ~111 of' coeta" in auch caHa, and 1ta preaentatlon to the count~" court ot the original coUJlt71 an4 requ.irea that auob ooat billa "llball be pud aa U the oauae bad been t't-1e4 or 41ilpoHd ot 1n A1<1 oounty." Honorable John A. Honsa~er - 2 - The fo:rego1ng sections are to be t-ead with Sections 550.030 and 590.040, which provide tor the li·ability of the State and county, respectively, for pa,ment of "the eoata" where the defendant is convicted and Wl8ble to pay the costa, and 1n casea where the defendant 1a acquitted. Your letter does not atate whether the defendant was convicted or acquitted, and if oonv1cted, the puniahment assessed. It the defendant was convicted and sentenced to imprisonment 1n the penitentiary, Laclede County would not be liable far any costa 1n the ease. because the l1ab111ty tor taxable coats 1n such oases would be that of the State under Section 550.030. In all other ca8ea, Laclede County would be liable tor all costa which are taxable as such pur- suant to express atatutor,y authority. Coate ot a jur.y, similarly to costa of providing and ma1nta1n1ng the courthouse and the e2penses of the salaries ot Judges and other court otf1c1ala, constitute part of the costa o£ the acminiatration of the Judicial 5,1atem and may not be taxed aa part ot the coats or a specific case absent statutory authorization. It is well aettled that the entire matter of costa i n a matter of statutory enactment. See Cramer v. Smith, 350 Mo. 736, 168 SV2d 10.39, lo401 and State ex rei blarke v. Wilder, 197 Mo. 27, 32, 94 SW 499. In the latter cilse it was rliied that "no ooeta can be taxed except such as the law 1n terms allowe. " Thererore. the only ques- tion here is whether costa ot the Jury panel 1n Camden County may be taxed as part of the coats 1n the case 1n question pur- suant to any atatutor.r authority. In an opinion dated January 4, 1963, to Bon. Norman H. Anderson, copy ot Which 1a herewith enclosed. this office ruled the question of the right to tax J1117 fees as part ot the costa 1n or1m1nal cases as tollowat • • • • 2) Members ot the regular panel of Jurors receive six dollars per day tor each day of aervioei and mileage. payable out or the county trea11U17 • No p&Pt of such compensation mar be taxed as part ot the costa. 3) Juror a not on the reauJ.ar panel who serve 1n a particular caae receive six dollars per day tor each day of service Honorable John A. HonseJ.nger ... 3- aa jurors, and mileage, also payable out ot the county treaaur,. No part af such cca;>&nsation ma,. be taxed as part of the coet&. 4) luror-s who are summoned ~ 811¥ of the cases deacribed 1n Section 494.120, but who do not serve 1n the trial of such cases, receive EJiX dollars per da;v tor each day they are 1n attendance on the court~ and al eo re~e1ve mileage 1t they have traveled at least one mile in obedience t-o the summons, payable out ot the count.1 t~easurJ. No part or auch compensation may be taxed as coats. 5) turors, not lll&mbwa ()t th& rtgular panel, tlho are 8UIIIlloned 1n all caaes other than those descJ?1bed in Sect1on 494.120 but do not serve 1n the trial t)f the cases, rec$1 ve tees in the sum ot three dollars per dar for eaeh daY ot attendance. The tee·a allowed to such .furors are to be talted aa part of th• coats 1n the caeea 1n which such jUrors were summoned. t'he f'o~egotng cono1us1onl5 are applicable 1n determining the l1ab1l1ty of Ieclede County f ·or any part of tbe jury coste 1r the defendant waa not convicted and sentenced to tmP.rtaon- m&nt 1n the penitentiary. !he conclui()na in aid opinion will anewer tbe ctue&tion presented 1n your request. .nfsar Enclosure Very trul7 yours. THOii§ P. iiGLE!ON Attorney Gene~al