# THEATTORNEYGENERAII~ OP TEXAS AUSTIN. TEXAS 78711

November 29, 1974
The Honorable Michael L. Fostel County Attorney Winkler County P. 0. Box 1015 Kermit, Texas 79745 Opinion No. H- 461 Re: Supplemental pay of district judge.
Dear Mr. Fostel: You have asked whether the Commissioners Court ofWinkler County may pay the District Judge ofthe 109th Judicial District, in addition to salaries paid him by the State of Texas, $1800 as compensation for all judicial and administrative services as authorized by Article 6819a-12a, V. T. C.S. and, at the same time, supplement his pay an additional $1200 as compensation for the added duties as Chairman ofthe Winkler County Juvenile Board as authorized by Article 5139X, V. T.C.S. The 109th Judicial District Court is composed ofthe counties of Andrews, Crane and Winkler. V. T.C.S., art. 199 (109). Article 5139X, Vernon’s Texas Civil Statutes, creates thejuvenile board for Winkler County, composed of acounty judge and thejudge of each judicial district which includes Winkler County. “The judge ofthe court which is designated as thejuvenile court for Winkler County shall be chairman ofthe board and its chief administrative offi,ce.” Section 2ofArticle 5139X provides inpart:

As compensat;ion for the added duties hereby imposed upon him, the chai:rman of su,chboard may be allowed additional compensa,tion in the amount of Twelve Hundred Dollars ($1,200) per annum, which shall be paid in twelve (1.2)equal installments out of the general fund or any other available fund ofWinkler County. The Commissioners Court ofWinkler County

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The Honorable Michael L. Fostel. page 2 (H-461)

may allow each other member ofthe board additional compensation in an amount not to exceed Twleve Hundred Dollars ($1,200) per annum, to be paid in twelve (12) equal installments out ofthe general fund or any other available fund ofWinkler County. Such compensation shall be in addition to all other compensation nowprovided o,rallowed by law for county judges and district judges. This statute was enacted in 1957 as chapter 382, page 866 ofthe Acts ofthe 55th Legislature. The question you raised is caused by the enactment in 1963 (Acts 1963, 58th Leg., ch. 229, p.623) ofwhat is nowArticle 6819a-12a:

Inthe 109th Judicial District, the District Judge may receive annually, payable in monthly installments, a salary to be fi.xed by the Commissioners Court ofeach county, to be paid by said county out ofthe General Fund thereof, as compensation for all judicial and administrative services now rendered by said Judge, and any additional judicial or administrative services hereafter to be assigned to said Judge, in addition to all salaries paid or hereafter to be paid to said Judge by the State of Texas, out of state revenues: provided, however, that the salary herein authorized to be paid by and County Commissioners Court to any Judge shall not exceed the sum ofEighteen Hundred Dollars ($1800) per annum. In Attorney General. Opinion H-123 (1973), we disc,ussed at length problems involved inthe supplementation ofthe salaries ofvarious judicial offices. One question asked there was whether ornot supplementation paid to thejudges of Travis County for service onthe Travis County Juvenile Board came within the limitations imposed upon compensation allowed for services as ajudge. We stated our opinion that service onthejuvenile board were services rendered as ajudge, citing Jones v. Alexander, 59 S.W. 2d 1080 (Tex.Sup. 1933). and suggested that to permit ajudge to hold two offices, one onajuveni.la board and the other as ajudge, for each

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for each ofwhich he would be compensated, would run counter to Sections 33 and 40 ofArticle 16ofthe Texas Constitution. We believe the same reasoning applies here and that the compensation provided by Articles 5139X and 6819a-12a are both for services as ajudge. We are further ofthe opinion as ~anecessary consequence that the $1200 supplement authorized by Article 5139X is included within the overall $1800 allowance ofArticle 6819a-12a. Thus, in our opinion, the answer toyour question is that the Commissioners Court ofWinkler County cannot pay to the district judge a supplemental salary of $1800 under Article 6819a -12a and at the same time another supplemental salary of $1200 pursuant to Article 5139X. Itcan, ifit desires, award him $1200 pursuant to Article 5139X and additional supplementation under Article 6819A-12a provided that the total supplementation paid by that one county shall not exceed $1800 per annum. SUMMARY

The District Judge ofthe 109th District Court is limited inthe amount of supplementation he may receive from Winkler County under Article 5139X andArticle 6819a-12a ofVernon’s Texas Civil Statutes, tothe maximum of $1800 authorized by the latter statute. Very truly yours,

Attorney General ofTexas APP&VED:

DAVID M. KENDALL, Chairman Opinion Committee

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