Honorable Paul 0. Wylie 

County Attorney 

Archer County 

Archer City, Texas 

Dear Mr. Wylie: 

He: Whether a District Judge, 

when assigned to a Court 

outside his district, is 

entitled to be paid by 

the County to which he 

is assigned, in addition 

to his regular salary, 

the difference between 

the compensation which 

he is paid from all 

sources (exclusive of 

the $25.00 per diem pay 

provided for under Article 200a, V.C.S.) and 

that paid from all sources to the judge for 

whom he is sitting. 

You have requested the opinion of this office regarding 

the above question. Numerous opinions of the Attorney General 

have been written regarding this general subject, but they have 

each been directed to a particular problem. It is therefore 

felt that another opinion, in the nature of a general statement 

of the law in this area, is in order. 

The authority to assign a district judge or retired 

district judge to a bench outside his assigned county and judicial district is found in Article 200a. Vernon's Civil Statutes. Section Sa thereof provides for the mechanics of the 

assignments and further provides as follows: 

"The compensation, salaries and expenses of 

such judges while so assigned or reassigned shall be 
Hon. Paul 0. Wylie, Page 2 (C-397) 

paid in accordance with the laws of the state, except that the salary of such,reti.red judges shall be 

paid out of moneys appropriated from the General Revenue Fund for such purpose in an amount representing 

the difference between all of the retirement benefits 

of such judge as a retired district judge and the 

salary and compensation from all sources of the judge 

of the court wherein he is assigned, and determined 

pro-rata for the period of time he actually sits as 

such assigned judge." 

Section 10 of Article 200a, Vernon's Civil Statutes, 

provides as follows: 

"Sec. 10. When the district judges are assigned 

under the provisions of this Act to districts other 

than their own district, and out of their own counties, they shall, in addition to all other compensation permitted or authorized by law, receive'their 

actual expenses in going to and returning from their 

several assignments, and their actual living expenses 

while in the performance of their duties under assignments, which expenses shall be paid out of the 

General Fund of the county in-which their duties under assignments are performed, upon accounts certified and approved by the Presiding Judge of the Administrative District.' 

Ry amendment in 1961, Section 2a was added to Article 

200a, and Subsection 4 of the said Section 2a reads as follaJs: 

"In addition to, and cumulative of, all other 

compensation and expenses authorized by law and 

this Act, judges who are required to hold court outside their own districts and out of their own counties under the provisions of this Act, shall receive 

a per diem of me&y-Five ($25.00) Dollars for each 

day, or fraction thereof, which they spend outside 

their said districts and counties in the performance 

of their duties; such additional compensation to be 

paid in the same manner as their salaries are paid 

by the State upon certificates of approval by the 

Chief Justice or by the Presiding Judge of the Administrative Judicial District in which they reside." 

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RonPaul 0. Wylie, Page 3 (C-397) 

From these statutes above quoted, it can be seen that 

a district judge, when assigned outside his own county and judicial district, is entitled to receive his actual traveling 

and living expenses, by virtue of Section 10 of Article ZOOa; 

and a per diem of $25.00 in addition to all other amounts, by 

virtue of Section 2a (4) of Article 200a. A retired district 

judge is a1s.o entitled to the $25.00 per diem payment. Attorney General's opinion No. WW-1422 (1962.) 

Article 200a provides for a differential payment upon assignment only in the case of a retired district judge. 

If such differential payments are properly made to active district judges, there,must be a statutory basis other than Artitle 200a. Such statutory basis can be found in certain 

special statutes. In Article 6S19a-19, Vernon's Civil Statutes, we find the following provision: 

I* . . .Any District Judge of the state who 

may be assigned to sit for the Judge 'of any District 

Court in such counties under the provisions of Article 200-A, Revised Civil Statutes, may, while so 

serving, receive in addition to his necessary expenses, additional compensation from county funds in an 

amount not to exceed the difference between the pay 

of such visiting judge from all sources and that pay 

received from all sources by District Judges in the 

counties affected by the provisions of this Act. . . ." 

Article 6819a-19 is applicable to all counties having 

800,000 or more population, having 12~ or more district courts 

and 3 or more criminal district courts. The same differential 

pay provision for assigned judges is found in counties affected 

by Articles 6819a-19b, 6819a-19c. 6819a-22. 6819a-25. 6819a-25a, 

6819a-26, and 6819a-36, these statutes all being similarly restricted by reference to population and number of courts. 

In view of the specific nature of the provisions in 

the statutes cited above, it is the opinion of th,is office that 

a district judge, when assigned to a court outside his district 

and county, is entitled to be paid by the county to which he is 

assigned, in addition to his regular salary, the difference between the compensation which he is paid from all sources (exclusive of the $25.00 per diem pay provided for by Article 200a, 

V.C.S.) and that paid from all sources to the judge for whom 

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Hon. Paul 0. Wylie, Page 4 (C-397) 

.he is sitting, only when such assignment of an active district 

judge is made to a county affected by the statutes cited in the 

preceding paragraph. 

A retired district judge is entitled to differential 

pay whenever he is assigned to an active bench, by virtue of 

Section 5a of Article 200a. Vernon's Civil Statutes, such payment being made from the General Revenue Fund of the State. 

Previous opinions issued by this office regarding particular fact situations arising under Article 200a, V.C.S., are 

reaffirmed insofar as they do not conflict with the opinions 

expressed herein. See Attorney General's Opinions WW-1422 (1962), 

supra; WW-1446 (1962); Wii-1466 (1962): C-110 (1963); C-213 (1964): 

C-223 (1964): C-339 (1964.) 

SUMMARY 

An active district judge, when assigned outside his judicial d.istrict and county, is entitled 

to the following payments: 

(1) Actual travel and living expenses, under 

Article 200a, Sec. 10, V.C.S.; 

(2) $25.00 per diem for each day or fraction 

thereof, under Article 200a. Sec. 2a (4), 

V.C.S.; 

(3) Differential pay when assigned to counties 

wherein such pay is specifically authorized. 

Yours very truly, 

WAGGONER CARR 

Attorney General 

Assistant 

MLO:clg 

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. 

Iion. Paul 0. Wylie, Page 5 (C-397) 

OPINIONCCMMITTEE 

W. V. Geppert, Chairman 

John Reeves 

Ii. Grady Chandler 

J. Arthur Sandlin 

Ralph Rash 

APPROVED FOR THE ATTORNEY GENERAL 

By= Stanton Stone 

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