Honorable Gordon Ii.Lloyd

Executive Secretary EmployeesRetlkement System of Texas Austin 11, Texas Oplnlon~No. S-221, Fte~Whethkr a retired judge may. servs.as.CbuntyJudge 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,whethera 

### personeligible 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 JudicialRetirement ActD. .'.:

Section 7 cif

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**6228b,** Verno&s: Ci-vi-l Statutes, (JudicialRetirements Acb) provMekr "Judgesretired &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& {beallowed to appear rindPlead 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 'anyCourt of this Stiateb;fthe 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'presentAdminlstratlve 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,. (Emphasisadded.)Hon. GordonIi.Lloyd, page 2

_ (OpinionS-221)

Under the provisionsof the above Act, when a District Judgeretires from office he continues to draw a monthly salary as a judicialofficer of the State of Texas. Therefore, It Is our opinion that a Judge receiving retirement benefits under the provisionsof Article 6228b holds-a clvll,offlceof emolument.

The office of County Judge is a civil office of emolument,ArticleV, Sec. ~15;Tex. Con&.; Williams v. Huntress Tex
. 272 S.W.2d 87, 89 (1954).Peden v. Valentine, 196m. 1006 (TexIClv.App. 1917, error ref.

. I We agree with the District Judgewho contemplatesretiring under the provisions of Article 6228b that there is no provision In the retirement statutes that would prohibithim 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 shallhold or exercise at the same time more than one Oivil~offlce~ of e.molument. (Exceptionsnot applicable). Therefore,you are advlsed.thatunder the provisions of Section 40 of Article XVI of the Constitution of Texas a person cannothold 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 provisionsof.Article 6228b. In connectionwith 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 JudicialRetirement 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 expirationof 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, afterhe vacates the office of County.Judgehe may then make application for and receive thee oompensatlonallowed a Retired District Judge under the provisions of the JudicialRetirement Act...,-- ,

Hon. GordonH. Lloyd, page 3. (OpinionS-221)

Section 40 of ArticleXVI of the Constitution of Texas prohibitsa person eligible for retirement under the JudicialRetirement 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 SpecialReviewer Davis Grant First Assistant JohnBen Shepperd Attorney General

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