Request By:
Mr. Emby A. McKeehan
Whitley County Attorney
Courthouse
Williamsburg, Kentucky 40769
Opinion
Opinion By: Steven L. Beshear, Attorney General; By: Charles W. Runyan, Assistant Deputy Attorney General
You have requested, in your recent letter, our opinion as to who is responsible for paying the grand jury reporter.
RCr 5.16(1) reads:
"The attorney for the commonwealth may appoint a stenographer to take in shorthand the testimony of witnesses or he may cause the testimony to be taken by a recording device, but the record so made shall include the testimony of all witnesses on that particular investigation. The shorthand notes or the recordings and transcript of the same, if any, shall be delivered to and retained by the attorney for the commonwealth."
Under the above rule, the commonwealth's attorney may appoint a stenographer to take in shorthand the testimony before the grand jury and transcribe the same.
Where such a stenographer is appointed in a particular situation, such office expense incurred by the commonwealth's attorney must be paid by the state, pursuant to KRS 15.750(2). Cf. KRS 30A.300 and 30A.310, relating to circuit judge appointed secretaries and court reporters. Thus it is mandatory that the state pay for the services of the grand jury stenographer. Necessary office expenses incurred by the commonwealth's attorney "shall" be paid by the Commonwealth. KRS 15.750(2). The word "shall" in this context means that it is mandatory. KRS 446.010(29); and Department of Revenue v. Oldham County, Ky., 415 S.W.2d 386 (1967).
The conclusion here is the same where a special grand jury is impaneled pursuant to KRS 29A.220.
A fiscal court of such county could, if it so chooses, contribute to the payment of the grand jury stenographer. See KRS 32.011 and 67.083. However, it is under no compulsion to do so.