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THE ATFOIRNEY GENERAL UDFoB'EXAcaS
Honorable l@ron L. McClellan Opinion No. UW-1422 District Attorney 52nd Judicial-Dlstrlct Re: Whether a retired district BOX 46. judge, as defined by Sec- Oatesvllle,Texas tlon 9, Article 200a of Vernon's civil Statutes, as amended, fs entitled to receive the per diem allow- ante authorized In Section Dear I&. McClellan: 26 (4) of said Article 200a. -You have asked for an oplnlon of this office regarding the appllcablllty'toretired district judges of t@e per diem allowance provlded.forin ,the1961 amendment to the;Admlnlstra- tlve Judlclal~DlstrlctsAct, Article 200a. Your request includes a statementof facts-of.anactual case situation from which we can assume+he, judge ln question is properly within the jurls~ diction of this Act. ;Sectlon 2a..(4)of Article MOa.if Yernon*s Civil Statutes, ls.as..-follows: %n:additlon to, and cumulative of, all other compensationand expenses authorized by law. who~gllerequkred -~~~o~hoIdd:.&urt outside their uwn.dlstrlats~ and out under the pro- vlaione of,.thls :Act, diem 'of ~~enty~five~~(~~.oOf~Dol~e for each day, or fraction thereof,which they spend outside their said districts Andycounties in the'per- f'ormance:,of their duties; such additional compensationto be paid ln the same manner as their salaries are paid by the State upon certificatesof approvalby.the-Chief Justlce .or by the Presldlng.Judgeof the Adminlstratlve Judicial Dlstrlct ln which they reside.' Two questions must be answered to determine the intent of this Section: (1) Does she term "judges"as used In Section 2a (4) comprehendboth re@lar district judges and retired district judges; and, If It does, (2) Where Is the retired district judge.'sdistrict and county for the purpose Honorable Byron L. McClellan,page 2 (WW-1422)
of determiningwhen he Is entitled to the per diem provided in Section 2a (4)? The first mention of "retireddistrict judges" ln the entire Act appears In Section ~,:.the'fltist paragraph of which Is as follows: "Sec. fia. Both retired district j!ldges, as defined by Article 6228 (b) of the.Revlsed Civil Statutes of.Texas, as amended,'who.have consented to~be subject to assignment, and all regular district judges In this state may-be assigned under the provisions of this Act by '. the presiding judge of the admlnls~ratlvejudicial assigned judge resides. When such~dlatr.lctjudge Is so assigned by the presiding judge of an admlnl5trW.lve~judlclal district to a court In the same administrative. district; or to:a court ln another administrative distrlct.:upon.call-of-the..presldlng judge.oP ,auch other-adm~nlSt&itlQe-district-landthen -reassignedas'.. thIs..Act>.aa.qmended,' lt~shall...be the d&y. -:of'suchjudge:-50assigned-orreassigned to. serve In such court or administrativedia- trlct to which he may be assigned, or re- assigneiiunless.;for.'good cause.presentedby him in writing to the presiding~judge'ofhis administrativedistrict, he shall be relieved of stiah~assignmentby such presldln&judge; provided;:-,hd?iever$after the presentationof. a good cause.bg3uch-.dl& if,. judgelrefusesrsto~.~ellewe~:the~~dlstr~ct judge from theassignmenti ;.the:~diatriat...judge.may, within Justlce:~of.the;& the State of Texas to.be,rellHed from.suah asslgnmefitfor good cause, .whlch% may at 'his discretion--grantor'zefuse." .Thebarest of the first sentence of the s&ztlon.wouldbe: .may be assigned. . .by the presiding .. .dlstrict . . wherein such assigned judge resides. . . ." The second sentence begins: "When . .
HcnorableByron L. r&zGlellan, page 3 (WY!-1422)
such district judge is so assigned . . On (Cmphaeisadded), 'Thereafter.the Section. and other portions of the