Honorable Gordon Ii. Lloyd 

Executive Secretary 

Employees Retlkement System of Texas 

Austin 11, Texas 

Oplnlon~No. S-221, 

Fte~Whethkr a retired judge may. 

servs.as.Cbunty Judge and re- ~ 

oelve pay tierefer, and.at 

the &age time receive benefits 

under'%he Judtocial Retirement. 

Dear Mr. Lloyd: .Act . : .~ ,:~ 

You have request&d an opfnion,whether a person eligible 

for retirement under the Judicial~IWtWemenb System "can occupy 

the position of County Jndge~ and, ,& the same time, receive a 

retirement annuity under the prov$sLons of the Judicial Retirement 

ActD. .'.: 

Section 7 cif A.r*iole 6228b, Verno&s: Ci-vi-l Statutes, 

(Judicial Retirements Acb) provMekr 

"Judges retired &der the provisions 

of this Act shall be judicial offi&ra of the 

State, and during the time they are receiving 

retirement pay shall n& {be allowed to appear 

rind Plead ai attorney& a6 law 1n:any Co&% of 

record in thi& State, a6d shall~,. with tiheir 

own consent, be:,lrubjtit ljd-assignment by the 

Chief Justice of Dhe- StipFeme~ Court to.sit In 

'any Court of this Stiateb;f the same dignity, 

or lesser, as that frani which they retired, 

and If in a District Court, und&r the same 

rules as provided by the'present Adminlstratlve Judloial Act, and wh$le so assigned, shall 

have all the powers of Judge8 thereof. While 

assigned to said Court such Judges shall be paid 

an amount equal to the salary of Judgesnof said 

Court, In lieu of retirement allowance,. 

(Emphasis added.) 
Hon. Gordon Ii. Lloyd, page 2 _ (Opinion S-221) 

Under the provisions of the above Act, when a District 

Judge retires from office he continues to draw a monthly salary 

as a judicial officer of the State of Texas. Therefore, It Is 

our opinion that a Judge receiving retirement benefits under the 

provisions of Article 6228b holds-a clvll,offlce of emolument. 

The office of County Judge is a civil office of emolument, Article V, Sec. ~15; Tex. Con&.; Williams v. Huntress 

Tex . 272 S.W.2d 87, 89 (1954). Peden v. Valentine, 196 m. 

1006 (TexIClv.App. 1917, error ref. I . 

We agree with the District Judge who contemplates retiring under the provisions of Article 6228b that there is no 

provision In the retirement statutes that would prohibit him 

from drawing retirement pay while he Is serving as County Judge; 

however, Section 40 of Article XVI.of the Constitution of Texas 

provides that no person shall hold or exercise at the same time 

more than one Oivil~offlce~ of e.molument. (Exceptions not applicable). Therefore, you are advlsed.that under the provisions 

of Section 40 of Article XVI of the Constitution of Texas a person cannot hold or exercise the offloe of County Judge and at 

the same time hold or exercise the office of Retired Judge and 

receive a retirement annuity under the provisions of.Article 

6228b. 

In connection with the foregoing, it should be pointed 

out that it is not mandatory that a District Judge make appllcation for or receive the retirement benefits under the provisions 

of the Judicial Retirement Act as soon as he vacates his office 

as District Judge. On the Contrary, in the instant case, the 

District Judge can occupy the office of County Judge after the 

expiration of his present term as Dls~trlct Judge so long as he 

does not make application for ore receive the.retlrement ~beneflts 

under the provisions of the JudicIalRetIrement Act. Further, 

after he vacates the office of County.Judge he may then make application for and receive thee oompensatlon allowed a Retired District 

Judge under the provisions of the Judicial Retirement Act. 
..,-- , 

Hon. Gordon H. Lloyd, page 3. (Opinion S-221) 

Section 40 of Article XVI of the Constitution of Texas prohibits a person eligible 

for retirement under the Judicial Retirement System from occupying the office of 

County Judge and, at the same time, receiving a retirement annulty,under the provisions 

of Article 6228b, V.C.S. 

-- 

Yours very truly, 

APPROVED: JOHN BEN SHEPPERD 

Attorney General of Texas 

J. C. Davis, Jr. 

County Affairs Division 

Wary K. Wall 

Reviewer 

W. V. Geppert 

Reviewer 

C. W. Gray 

Special Reviewer 

Davis Grant 

First Assistant 

John Ben Shepperd 

Attorney General 

.JR:zt