## THEATTOIRNEY GENERAL OF %-EXAS I I

Honorable Robert S. Calvert Opinion No. C-339 Comptroller of Public Accounts Austin, Texas Re: Per diem of a district judge on an assignment to one county under three administrative Dear Mr. Calvert: judicial orders.

Your request for an opinion reads in part as follows: "Thisdepartment requestsan opinion from you as the question has arisen in this department as to whether I can legallypay a District Judge $75.00per day for holding court under three (3) administrative judicial orders under which the Jud e holds court on the same day in three $3) District Courts in the same county under theprovisions ofArticle 200a, R.C.S., Section 2a, subsection 4?" The orders of assignment and claims furnishedwith your request reveal the following: On September 25th, 1964, the presiding judge of an administrative judicialdistrict assigned a district judge to try and dispose of "such cases as may arise

County" during the week beginning September 28th through iEtober'3rd 1964* This assignment was made by three separate orders, one'stating that a judge of a judicialdistrict of which the county to which the claimant was assignedwas a part "is to be absent necessarily during the week beginning September 28th throughOctober 3rd, 1964"; another stating that a judge of a judicial district located in the same county is to be absent during the sameperiod; and a third stating that a judge of a judicial district located in the same county is to be absent during the same period. Each of the orders designated and assigned the claimant judge "to try and dispose of such cases as may arise in 0

. . County' during such time. The county to which the claimant'judgewas assigned is located outside of his judicialdistrict and county, and he has presented claims in the following amounts: One for $150.00 for six days at $25.00per day on the followingdays - September 28th through October 3rd, 1964; another claim for five days at $25.00 per day on the following days - September 29th throughOctober -1608-_

Hon. Robert S. Calvert,page 2 (C-339)

3ra, 1964; and another claim for four days on the followingdays - Each claim is for September 30th throughOctober 3rd, 1964. holding court in the same county and each claim is approved for paymentby thepresiding judge of an administrative judicialdistrict. Subdivision (4)of Section 2a ofArticle 200a, Vernon's Civil Statutes,provides:

"In addition to, and cumulative of, all other compensationand expenses authorizedby law and thisAct, judgeswho are required to hold court outside their own districts and out of their own countiesunder theprovisions of thisAct, shall receive a per diem of Twentyfive ($25.00)Dollars for each day, or fraction thereof,which they spend. outside their said districts and counties in theperformance of theirduties; such additional compensation to be paid in the samemanner as their salaries are paid by the State upon certificatesof approval by the Chief Justice or by the Presiding Judge of theAdministrativeJudicialDistrict in which they reside." (mphasis added).
It is noted that the comnensationauthorized is 'a oer diem of-Twenty-five ($25.00)Doilars for each day, or fraciion thereof,which they spend outside their said districtsand counties." Under the facts submitted, the claimant spent six days outside of his district and county in theperformance of hi; duty. Therefore, themaximum which the Legislaturehas allowed Par compensation for theperformance of his duties pursuant to the three assignments outlined above, is $150.00 ($25.00 per day for theperiod beginning September 28th throughOctober 3rd, 1964). You are thereforeadvised that themaximum that may be paid the claimant on the three claims submitted to the Comptroller is $150.00.
SUMMARY

The maximum which the Legislature has allowed for compensation for theperformance of his dutiespursuant to assignmentsunder Article

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ZOOa, V.C.S., is Twenty-fiveDollars for each day he spends outsidehis district and county.

Yours very truly, WAGGONER CARR Attorney General

Assistant JR:ms APPROVED: ,OPINIONCOMMITTEE
W. V. Geppert, Chairman John Allison J. S. Bracewell Roy Johnson Ralph Rash APPROVED F'OR

THE ATTORNEY GENERAL By: Roger Tyler

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