The Attorney General of Texas
March 26, 1976
JOHN L. HILL
Attorney General
Honorable Henry Wade Opinion No. II- 114 5
Criminal District Attorney
Dallas County Re: Compensation of former district
Dallas, Texas 75202 judges who are assigned to hear cases.
Dear Mr. Wade:
You have requested our opinion regarding the manner of compensation
of a former district judge who is assigned to hear cases.
Prior to 1977, section 5a of article 200a, V.T.C.S., provided for the
special assignment of retired district judges. The 65th Legislature added to
the group available for assignment former district judges not yet retired,
provided they meet certain requirements. You first inquire about the status
of a former district judge who meets the tenure requirements for retirement
but has not yet reached retirement age.
For purposes of article 200a, a “retired district judge” is one who has
retired pursuant to article 62284 V.T.C.S. If a former district judge is not
fully eligible for retirement under the terms of that statute, he is clearly not
a “retired district judge.” So long as he fulfills the other requirements of
section 5a of article 200a, we believe that such an individual occupies the
status of “former district judge.” -See Attorney General Opinion H-1021 (1977).
You next ask what amount of compensation is to be paid by the state
and what amount is to be paid by a county when a former district judge is
assigned to a district court in that county. Article 200a provides:
On certification of the presiding judge of the adminis-
trative judicial district that a former district judge has
rendered services under the provisions of this Act, the
former district judge shall be paid, out of county funds
and out of money appropriated by the legislature for
such purpose, for services actually performed, the
same amount of compensation, salary, and expenses
p. 4653
.
Honorable Henry Wade - Page 3 (H-1145)
we do not believe that such a result can reasonably be harmonized with the
language of article 2OOa, which clearly contemplates that the state and county will
share this burden. Accordingly, it Is our view that a county is not required to
assume the full expense of a former district judge’s salary when state funds
appropriated for that purpose have been depleted.
SUMMARY
A person who meets the tenure requirements for retirement
but has not yet reached retirement age is a “former district
judge” rather than a “retired district judge” for purposes of
article 200a, V.T.C.S. ‘Ihe respective contributions of the
state and county to the salary of a former district judge
serving on special assignment should be in the same
proportion as In the case of a regular judge. A county is not
required to assume the full burden of the salary of a former
district judge serving on special assignment when state funds
appropriated for that putpose have been depleted.
,,,,?&ZF&.
JOHN L. HILL
APPROVED:
C. ROBERT HEATH, Chairman
Opinion Committee
p. 4655