3011. F. A. Taylor, ksgo 2 

aPleasa adviso whether or not tha apaolal probata judge la to be paid on a per diem baeia in ‘aooordanoa 

with th0 MlarY lidtO above dated, and ii no paid, how 

la thn per diem to be flgurad when aomo itam or work ia 

dono on a probate oar@ bn revaral dlrterent daya but only 

a vary amall portion of aaoh day la taken up by the 

l peoial Judgr in oonnaotion with tha probato oaae. 

“Thara ara al60 ravoral rktutaa whloh provldr 

for tha.?eea of the oounty judge whloh are oollooted 

from fha l atatea administered. Aa you know thaaa 

iaaa are now oolleatad as providad for in naid 

artlolaa but inrtead of being pald to the ;un;nludgr 

are paid Into the oriloera* salary rund. 

appear to ma that the earlart and moat equitable way 

to r 

y the apeolal oounty fudga In probate oasea would 

be o allow him the amount cb the regularly earned teea 

-whloh would be payable to a oountp judga who woe not 

on a salary baaia. 

“1 will appreolata gou letting me have an opinion 

on same at your earliest oonvenianoe aa I am dthholdlng 

payment of aeveral olaima pending reoaipt or advise from 

You.’ 

In Opinion No. 04572, tbla department ha8 haretolore ruled on a almilar question regarding the oompanaatlon 

or a special probate judge appointed by the Governor In aoaordanoa with the provlrlons of Artlole 1932, Vernon*s ABnotated Civil Statutea. iie enolosr a copy of said opinion 

ror your oonvrnlsnce. 

In view OS Artiole 1932, Vernon*a Annotated Civil 

Statutea, It le our opinion that the speolal judge appointed 

by the GovOrBOr in probate cases is entitled to reodve the 

same ompensation per diem as the regular judge, for every 

day that such special judge aervee in that oapaoity. 1~ 

other worda when the annual salary of the regular judge la 

Four Thousand Two Hundred and Fifty (#4,250.00) Dollars, the 

spealal judge, appointed by the Governor, serving In probate 

matters would be entltled to the same oompepsnsatlon per diem 

as the regular judge ior each day that such apeolal judge 

served in that oapaoity. To arrive at this amount the ennual 
865 

salary or thr regular judge at the time tha apeolal judge 

served should b0 divided by 585 and the quotient multiplied 

by tba number of days aotuelly earvsd by thr~ 8p@OiOl judge. 

Ydu rtate in ertrot that th8 rproial judge doer 

8oaa work 00 a probate cam on wveral dlftrreat day8 but 

only a vary 88011 portlon or eaoh day 18 takm up by the 

rpaolal 

t 

udge in oonnrotion with the prob8to aa8o. By thir 

statamen it 18 apparent that you ralre the qurstion or 

whether or not the speoial judge 8houl.d be oo%pentiated for 

his 83rviOe8 for a full day whore aap 8ubrtantial 88niOe 

13 rendered when in raOt the sprclal judgr work8 only a 

fraotlon of a day. Generally speaking thr law does not 

reoognlro fraotion8 0r dayr; and when it provide8 a por 

dlen cozpenration for the tlae neoersarily devoted to :he 

dutie8 of an Offloe, thr offiorr in entitled to this daily 

ooffipeaeatfon for 3aoh day on whloh it bsoomesnsoei8sary for 

hla to perrorn any subetantlal orrioial sdrvlo8, ii ha 

doe8 p3rrox-m the 8~, regardless or the tine oooupied in 

it6 p0rr~rrlanoe. (ser oaae or Dallas Cwnty '18. Reynolds, 

199 9. H. 702). 

,c I . 

Therefore, it le our opinion that the epeolal 

judge would be sntitled to the per dlaFI cospensation for 

aaoh day on wClch lt beuoms ueoeasary for him to p0rrorm 

any substantial orfioiei lervice, if he dooe p0rrOm tha 

8ama rogaxlleae of the t:iae ocougiad in fts pmformence. 

Youra -fary truly 

Ardell willianu 

Assistant 

A.f:PY 

nod 

r0