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B-184875 1 (1976-06-11)

handle is hein.gao/gaobaddkt0001 and id is 1 raw text is: -F 11 = . Li II Pi I W-1 P% I-~I~l DECISION OF THE UNITED STATES WASHINGTON. D. C. 20549 FILE: DATE: JUN 111976 B-184875 ' 1 MATTER OF: Transcription Expenses - Land Commission Cases DIGEST: 1. Whenever a Federal District Judge, pursuant to FRCP 71A(h), appoints a Land Commission to hear suits for just compensation in land condemnation cases, and the order of reference indicates a desire for the proceeding to be recorded, attendance fees of the court reporter are chargeable to the appro- priations of the Administrative Office of United States Court since Judiciary determines if reporter shall be in attendance and normally pays attendance fees in other cases. 2. Court reporters are not entitled to payment in addition to their salaries for providing transcripts of land commission proceedings to judges or to land commissioners appointed by judges in land condemnation cases. Accordingly, neither the Department of Justice nor the Administrative Office of the United States Courts may pay for such transcripts from their appro- priations. See court cases cited. However, reporters whose services are obtained on a cont;ract basis are entitled to payment,fro the Adrainis rative Office, in accordance with the provisions of their contracts. The Administrative Office of the Unitej Sates Courts (Admin- istrative Office) requests our dc1:zision a.- t., hether Admainis- trative Office or Department of .ustice (Dept ement) appropriations is the proper source of paymen, for attend charges and tran- scription fees of court reportars who rec: roceedings before land commissioners, appointed c:3.c4r Rule ) of the Federal Rules of Civil Procedure, to deteni-ne just compeaation in land condem- nation suits brought in the Fedztal district courts. This request has arisen as a rescit of vouchers received by the Administrative Office in four separate condemnation cases in which court reporters' claims for relibursement of either attend- ance fees, transcription expenses, or both, have been presented. The Administrative Office has declined to make payment on grounds that such expenses are not properly payable from the appropriated funds of the Judiciary. Copies of the vouchers were then directed PUBLISHED DECISIONl 55 Comp. Gen.........

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