### THE 

## ATTORNEY GENERAL

OFTEXAS __---- -

Honorable Henry Wade District Attorney Dallas County Dallas, Texas

Dear Mr. Wade: Aus~x~ H.TEXAS I Afkirmed by..~...:3~~-. February 4, 1964 I -

You have requested whether the Commissioners

. . . . the opinion of this office as to Court of Dallas Countyhas dlscrewon unaer me provisions of Article681ga-25a, Vernon's Civil Statutes, in det,ermining the amount of additional compensation to be paid from county funds to visiting District Judgeswho are assigned to sit in Dallas Countyby the Presiding Judge of the First AdministrativeJudicial District. OpinionNo. C-213

Re: Under the provisions of Article 68lqa-25a, V.C.S.,*doesthe commissioners courthave discretion in determining the amount of additional compensation to be paid from county funds to visiting district judgeswho are assigned to sitby the presiding judge of the administrative judicial district.

Section 1 of Article 68lqa-25a,Vernon's Civil Statutes, reads as follows:

"In any county In this statehaving a population of five hundred thousand (500,000)
or more according to the last preceding Federal Censusand having five (5) or more Civil District Courtsand two (2) or more CriminalDistrict Courts, the judges of the severalDistrict, CriminalDistrict, Domestic Relations and Juvenile Courts of such counties shall receive, In addition to the salarypaid by the state to them, and to other District Judges of this state, the sum of Six Thousand Dollars ($~,ooo.oo)annually, to be paid in equalmonthly installments out of the General Fund or Officers' Salary Fund of such counties. The Commissioners Court shall make proper budget provisions for the payment

-1026-Hon. Henry Wade, page 2 (c-213)

thereof. Any District Judge of the state who may be assigned to sit for the Judge of any District Court in such countiesunder the provisions of Article 200-A, Revised Civll,Statutes,may, while so~servlng,receive an addition to his necessary expenses, additional compensation from county funds in
an amount not to exceed the differencebetween the pay of such visiting judge from all sources by District Judges in the counties affected by the provisions ,ofthis Act, such amount to be paid by the 'countyupon approval of thepresiding judge inwhich said court is located,"

At the same session of the Legislaturewhich enacted the preceding statute,Article 200a, Vernon's Civil Statutes,was amended,toprovide a per diem of $25.00 ,perday for visiting judges. Article 200a provided that the per.diem allowancewas to be paid in addition to and cumulative of all other compensation and expenses authorizedby law for visiting judges. This amendment operated to change the payment from actual expenses to a flat rate of $25.00per day, and provides that this per diem is to be 'paidupon c,ertificate of approval by the Chief Justice or by the PresidingJudge'of the Administrative &Micial District. These approvalprovisionswere the same as those contalned in the,statute in qkestion,Article 681ga+a, at the time Attorney General's OpinionV-1111was written.

Attorney General's OpinionNo. V-1111 (1950)answered the question as to whether the county auditor or the commissioners court had authority to review and approve the expense accounts of visiting judges under Article 200a, Vernon's Civil Statutes. In that opinion it was held that the general statutes which, provide for review and approval of claims presented against the county did not apply to expenseaccounts submittedby vislting district judges and certifiedand approved by thepresiding judge of the administrativedistrict. The opinion further states:

I, It is our opinion that the Legislature inte;ded to substitutethe approval of the presiding judge in lieu of that of the commissioners' court and county auditor.

"Youare therefore advised that such expense accounts atiesubject to audit and review by the presiding judge of the administrative district only."

-1027-Hon. HenryWade, page 3 (C-213)

Article 681ga-25a places the question of approval squarelyand solely on the pre,sidingjudge of the county in which said court is located. It does not mention approval by the commissionerscourt. In view of such silence,and particularly in view of the prior Attorney General's opinion
on the subject, It Is the opinion of this office that the Commissioners Court of. Dallas County, Texas, does not have authority or discretion to determinewhat additional compensation shall be paid to visiting District Judges assigned to sit In Dallas Countyby the PresidingJudge of the First Administrative Judicial District. Such discretion is vested by the statute In the said PresidingJudge and may only be exerclsed by him.

SUMMARY

Article 681ga-25a, Vernon's Civil Statutes,vests in the presiding judge of the adminlstrati,ve judicialdistrict discretion in approving the amount of additional compensation to be paid from county funds to visiting judgeswho are assigned to sitwithin the administrative judicialdistrict.

The commissioners courthas no dlscretion in approving any payment under Article 681ga-25a, Vernon's Civil Statutes.

Yours very truly,

WAGGONER CARR Attorney General

~Y~dd~&

. AssistantAttorney General MLQ:ms

APPROVED:

OPINION COMMITTEE W. V. Geppert, Chairman John Reeves James M. Strock Edward R. Moffett Bob Flowers APPROVED FOR THE ATTORNEY GENERAL By: Stanton Stone

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