Aw-rORNEx OENEm*L July 5, 1977 

Honorable Charles W. Evans Opinion No. H-1021 

Chairman, Committee on 

Judicial Affairs Re: Whether former district 

Texas House of Representatives 

Austin, Texas 

judges who are not eligible 

for retirement may be assigned 

under articie 200a, V.T.C.S. 

Dear Chairman Evans: 

YOU have requested our opinion regarding the recent amendments to article 200a, V.T.C.S., which relate to the assignment of former district judges. You first asic whether a former 

district judge who has either not accrued sufficient creditable 

service for retirement or who has not yet reached the age of 

retirement may be assigned as a special judge pursuant thereto. 

Prior to the amendment, section 5a of article 200a provided for the special assignment of "regular district judges" 

and of district judges retired pursuant to article 622db, 

V.T.C.S. Section Sa now includes within the group available 

for assignment 

all former district judges who were elected 

at a general election or appointed by the 

governor; who have not been defeated for reelection; who have not been removed from office by impeachment, the Supreme Court, the 

governor upon address of the legislature, 

the State Judiciai Qualifications Commission, 

or by the legislature's abolishment of the 

judge's court; who are not more than 70 years 

of age; and who certify to the presiding 

judge a willingness to serve and to comply 

with the same prohibitions relating to the 

practice of law that are imposed on a retired 

judge by Section 7, Article 6228(b) of the 

Revised Civil Statutes of Texas, 1925, as 

amended or hereinafter amended. . . . 

P. 4217 
Honorable Charles W. Evans - page 2 (H-1021) 

V.T.C.S. art. 2OOa, S Sa, Acts 1977, 65th Leg., ch. 115, at 248. 

Under this provision ail former judges who have not yet retired 

are eligible for assignment as special judges, so long as they 

have not been defeated for reelection, have not been removed 

from office, are not more than 70 years of age, and have made 

the certification required by section 7 of article 6228b. Accordingly, it is clear that a former district judge, if he fuifills such conditions, 

judge, 

is eligibie for assignment as a special 

whether or not he is presentiy eligible for retirement 

under article 6228b. Those persons to whom article 200a was already applicable prior to its amendment - "retired" and regular 

district judges - are not affected by the amendment. Any 4retired" judge who has 'consented to be subject to assignment" 

remains eligible for service. 

You also ask whether a former district judge who is serving an assignment accrues additionai creditabie service toward 

retirement during the period of such assignment. The amended 

version of section 5a of article 200a provides that a former 

district judge, not yet retired, shall be paid 

the same amount of compensation, saiary, 

and expenses that the regular judge is 

entitled to receive tram the county and 

from the state for such services. 

We beiieve that such "compensation" may be said to embrace such 

accrual of creditable service toward retirement as a "regular 

judge" receives under article 6228b. That statute, which describes the procedure for accrual of creditable service based 

on judicial. tenure, makes no distinction between service rendered by a regular judge and that performed by a judge appointed 

pursuant to article 200a. It is therefore our opinion that a 

former district judge, not yet retired, who is assigned as a 

special judge under the provisions of article 20Oa, accrues additional creditabie service toward retirement during the period 

of such assignment. 

SUMMARY 

A former district judge is eligibie for 

assignment as a speciai judge if he fuifills certain requirements under article 

2UOa, V.T.C.S., without regard to whether 

or not he is presently eiigible for retirement. A former district judge, not yet 

P. 4218 
Honorable Charles W. Evans - page 3 (H-1021) 

retired, who is assigned as a special judge 

under the provisions of article 200a, accrues 

additional creditable service toward retirement during the period of such assignment. 

Very truly yours, 

/CL& 

APPROVED: F 

JOHN L. HILL 

Attorney General of Texas 

l-&a 

DAVID M. KENDALL, First Assistant 

C . ROBERT HEATH, Chairman 

Opinion Committee 

klw 

p. 4219