Honorable Paul 0. Wylie

County Attorney Archer County Archer City, Texas

Dear Mr. Wylie: He: Whether a District Judge, when assigned to a Court outsidehis district, is entitled tobe 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 theAttorney General have been written regarding this general subject,but theyhave 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 outsidehis assigned county and judicial district is found inArticle 200a.Vernon's Civil Statutes. Section Sa thereof provides for the mechanics of the assignmentsand further provides as follows:

"The compensation, salaries and expenses of such judges while so assigned or reassigned shall beHon. Paul 0.Wylie, Page 2 (C-397)

paid in accordancewith 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 differencebetween all of the retirementbenefits 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 timehe actually sits as such assigned judge."
Section 10 ofArticle 200a,Vernon's Civil Statutes, provides as follows:

"Sec. 10. When the district judges are assigned under the provisions of thisAct to districts other than their own district, and out of their own counties, they shall, in addition to all other compensation permitted or authorizedby law, receive'their actual expenses in going to and returning from their several assignments,and their actual living expenses while in the performance of theirduties under assignments,which expenses shallbe paid out of the General Fund of the county in-which their duties under assignments are performed, upon accounts certified and approvedby the PresidingJudge of the AdministrativeDistrict.'
Ry amendment in 1961, Section 2awas added to Article 200a, and Subsection 4 of the said Section 2a reads as follaJs:

"In addition to, and cumulative of, all other compensationand expenses authorizedby law and thisAct, judges who are required tohold court outside their own districts and out of their own counties under the provisions of thisAct, 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 approvalby the Chief Justice orby the PresidingJudge of the Ad**ministrative** Judicial District inwhich they reside."

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From these statutes above quoted, it can be seen that a district judge, when assigned outsidehis own county and judicial district, is entitled to receivehis actual traveling and living expenses,by virtue of Section 10 ofArticle 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.oentitled to the $25.00 per diem payment. AttorneyGeneral's opinion **No.** WW-1422 (1962.)

Article 200a provides for a differentialpayment upon assignment only in the case of a retired district judge. If such differentialpayments are properlymade to active district judges, there,mustbe a statutorybasis other than Artitle 200a. Such statutorybasis can be found in certain special statutes. InArticle 6S19a-19,Vernon's Civil Statutes,we find the following provision:

I*

. . .AnyDistrict Judge of the statewho may be assigned to sit for the Judge 'ofany District Court in such counties under the provisions of Article 200-A, Revised Civil Statutes,may, while so serving, receive in addition tohis necessary expenses, additional compensation from county funds in an amount not to exceed the differencebetween the pay of such visiting judge from all sources and that pay received from all sources by District Judges in the counties affectedby the provisions of thisAct.
. . ." 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 restrictedby 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,isoffice that a district judge,when assigned to a court outsidehis district and county, is entitled tobe paid by the county towhich he is assigned, in addition to his regular salary, the difference between **the** compensationwhich he is paid fromall sources (exclusive of the $25.00 per diem pay provided forby Article 200a, V.C.S.) and that paid from all sources to the judge for whom

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.heis sitting, onlywhen such assignment of an active district judge is made to a county affectedby 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 ofArticle 200a.Vernon's Civil Statutes, such payment being made from theGeneral Revenue Fund of the State.

Previous opinions issuedby this office regarding particular fact situationsarisingunder Article 200a,V.C.S., are reaffirmed insofaras they do not conflictwith the opinions expressed herein. See Attorney General's OpinionsWW-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 outsidehis judicial d.istrict and county, is entitled to the followingpayments: (1) Actual traveland living expenses,under Article 200a, Sec. 10, V.C.S.; (2) $25.00 per diem for each day or fraction thereof, underArticle 200a. Sec. 2a (4), V.C.S.; (3) Differentialpaywhen assigned to counties wherein such pay is specifically authorized.

Yours very truly,
WAGGONER CARR Attorney General

Assistant MLO:clg -1872-. 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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