THE A~TV~RNEY GENERAL 

OF TEXAS 

AUS.X.XN. I'exal~ 78711 

November 27, 1967 

Hon. Robert S. Calvert Opinion No. N-161 

Comptroller of Public Accounts 

State Capitol Re: Whether there is preAustin, Texas existing law for the payment of submitted claims 

for per diem, by a retired 

Justice of the Court of 

Civil Appeals, on an assignment for holding court in 

a District Court not covering the county of his resiDear Mr. Calvert: dence. 

By recent letter to this office you have requested 

an opinion in regard to the abwe stated matter. We quote, 

in part, from your letter as follows: 

"This department has received two claims 

for $25.00 per day under the prwisions of 

Senate Bill 349, Acts of the 57th Legislature, 

Codified as Article 200a, R.C.S., Section 2a. 

Subsection (41, for a retired Justice of a 

Court of Civil Appeals, on an assignment by 

the Chief Justice of the Supreme Court under 

Senate Bill 397, Acts of the 60th Legislature 

,&o a District Court other t&an one including 

the county of his residenced 

"This question has arisen in this aepartment; Is there a pre-existing law for the 

payment of these claims as the Judge is not a 

retired District Judge?" 

Article 2OOa, Vernon's Civil Statutes, also known 

as the Administrative Judicial Act, among other things, authorizes per diem expenditures for judges who are assigned to 

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Hon. Robert S, Calvert, page 2 (M-161) 

sit in other districts or counties. Subsection (4) of Section 

2a of Article 2OOa, is quoted, in part, as follavs: 

" . . . judges who are required to hold 

court outside their own districts ana out 

of their awn counties under the provisions 

of this Act, shall receive a per diem of 

Twenty-five ($25.00) Dollars for each day, 

or fraction thereof, which they spend outside their said districts and countiee in 

the performance of their duties; . . . .'I 

Article 2OOa, standing alone applies only to District 

Judges, and the Judge is a recent retired Court of Civil Ap- - 

peals Judge, Lsee Attorney General's Opinion No. M-151 (1967)/, 

having retired on September 1, 1967,~ under the provisions of 

Article 622813, Vernon's Civil Statutes, as amended by Senate Bill 

397, Acts 60th Legislature, Regulal: 8eBsion;,1967, chapter 346, 

page 820. The amendment was effective June 8, 1967. 

Section 7 of Senate Bill 397 is quoted. in part, 

as follows: 

” 

. . . Anv oerson who has retired under 

the Drwisions of this Judicial Retirement 

Act &t. 6228b. V.C.S./ mav elect in writing 

addressed to the Chief Justice of the Supreme 

Court within ninety (90) days after such retirement, or within ninety (90) clays after the 

effective date of this amended Section, wbichever is the later date, to continue as a iudicial officer, in which instance thev shall, 

with their own consent to each assignment, be 

subject to assisnment bv the Chief Justice of 

the Surxeme Court to sit in anv court of this 

state of the same disnitv. or lesser, as that 

from which thev retired, and if in a District 

Court, under the same rules as provided bv 

the present Administrative Judicial Act, &t. 

ZOOa, V.C.SJ and while so assigned, shall 

have all the powers of judges thereof. . . .'I 

(Emphasis added.) 

-155. 
- , 

Hon. Robert S. Calvert, page 3 (M-161) 

The underlined portion of Section 7 clearly authorizes retired judges of the appellate courts, such as the 

judge in question, to sit as a district judge under the provisions of Article 200a, V.C.S. 

Construing Articles 200a and 6228b. as amended, together, we are of the opinion that there is pre-existing statutory authority to pay the per diem claims as set out in your 

opinion request. 

SUMMARY 

Article 6228b, V.C.S., as amended, which 

authorizes retired appellate judges to serve 

as district judges, under the authority of 

Article ZOOa, V.C.S., authorizes payment of 

tiie per diem claims of a retired appellate judge 

under the facts as submitted. 

truly yours, 

z-w= 

C. MARTIN 

',General of ,Texas 

Prepared by James C. McCoy 

Assistant Attorney General 

APPRCVRD: 

OPINION COMMITTEE 

Hawthorne Phillips, Chairman 

Kerns Taylor, Co-Chairman 

W. V. Geppert 

Arthur Sandlin 

Malcolm Quick 

Charles Rose 

A. J. CARUBBI, JR. 

Staff Legal Assistant 

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