**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 amend**ments** to article 200a,V.T.C.S., which relate to the assignment of former district judges. You first asicwhether a former district judgewho has either not accrued sufficient creditable service for retirement orwho has notyet reached the age of retirement may be assigned as a special judge pursuant thereto. Prior to the amendment, section 5aof article 200aprovided for the special assignment of "regular district judges" andof district judges retired pursuant to article 622db, V.T.C.S. Section Sanow includes within the group available for assignment

all former district judgeswho were elected at ageneral election or appointed by the governor; who have not been defeated for reelection; who have notbeen 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 70years of age; andwho certify to thepresiding judge awillingness 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.
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P. 4217Honorable Charles W. Evans -page 2 (H-1021)

V.T.C.S. art. 2OOa, S Sa,Acts 1977, 65th Leg., ch. 115, at 248. Under thisprovision ail former judges who have notyet 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 notmore than 70years of age, andhavemade the certification required by section 7of article 6228b. Accordingly, it isclear that a former district judge, ifhe fuifills such conditions, judge, is eligibie for assignment as a special

whether or nothe ispresentiy eligible for retirement under article 6228b. Those persons towhom article 200awas already applicable prior to its amendment - "retired" and regular district judges -are not affected by the amendment. Any 4retired" judgewho has 'consented tobe subject to assignment" remains eligible for service.
You also askwhether a former district judgewho is serving an assignment accrues additionai creditabie service toward retirement during theperiod of such assignment. The amended version of section 5aof article 200aprovides that a former district judge, notyet retired, shall bepaid

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 theprocedure 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 isassigned as a special judge under theprovisions of article 20Oa, accrues additional creditabie service toward retirement during theperiod of such assignment. SUMMARY

A former district judge is eligibie for assignment as a speciai judge ifhe fuifills certain requirements under article 2UOa,V.T.C.S., without regard towhether or not he ispresently eiigible for retirement. A former district judge, not yet

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

retired, who isassigned as a special judge under theprovisions of article 200a, accrues additional creditable service toward retirement during theperiod of such assignment. Very truly yours,
/CL&

APPROVED: F JOHN L.HILL Attorney General of Texas

l-&a DAVIDM. KENDALL, First Assistant

C.ROBERT HEATH, Chairman Opinion Committee klw

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