Untitled Texas Attorney General Opinion

Aw-rORNEx OENEm*L July 5, 1977 Honorable Charles W. Evans Opinion No. H-1021 Chairman, Committee on Judicial Affairs Re: Whether former district Texas House of Representatives judges who are not eligible Austin, Texas for retirement may be assigned under articie 200a, V.T.C.S. Dear Chairman Evans: YOU have requested our opinion regarding the recent amend- ments to article 200a, V.T.C.S., which relate to the assign- ment of former district judges. You first asic whether a former district judge who has either not accrued sufficient creditable service for retirement or who has not yet reached the age of retirement may be assigned as a special judge pursuant thereto. Prior to the amendment, section 5a of article 200a pro- vided for the special assignment of "regular district judges" and of district judges retired pursuant to article 622db, V.T.C.S. Section Sa now includes within the group available for assignment all former district judges who were elected at a general election or appointed by the governor; who have not been defeated for re- election; who have not been removed from of- fice by impeachment, the Supreme Court, the governor upon address of the legislature, the State Judiciai Qualifications Commission, or by the legislature's abolishment of the judge's court; who are not more than 70 years of age; and who certify to the presiding judge a willingness to serve and to comply with the same prohibitions relating to the practice of law that are imposed on a retired judge by Section 7, Article 6228(b) of the Revised Civil Statutes of Texas, 1925, as amended or hereinafter amended. . . . P. 4217 Honorable Charles W. Evans - page 2 (H-1021) V.T.C.S. art. 2OOa, S Sa, Acts 1977, 65th Leg., ch. 115, at 248. Under this provision ail former judges who have not yet retired are eligible for assignment as special judges, so long as they have not been defeated for reelection, have not been removed from office, are not more than 70 years of age, and have made the certification required by section 7 of article 6228b. Ac- cordingly, it is clear that a former district judge, if he fui- fills such conditions, is eligibie for assignment as a special judge, whether or not he is presentiy eligible for retirement under article 6228b. Those persons to whom article 200a was al- ready applicable prior to its amendment - "retired" and regular district judges - are not affected by the amendment. Any 4re- tired" judge who has 'consented to be subject to assignment" remains eligible for service. You also ask whether a former district judge who is serv- ing an assignment accrues additionai creditabie service toward retirement during the period of such assignment. The amended version of section 5a of article 200a provides that a former district judge, not yet retired, shall be paid the same amount of compensation, saiary, and expenses that the regular judge is entitled to receive tram the county and from the state for such services. We beiieve that such "compensation" may be said to embrace such accrual of creditable service toward retirement as a "regular judge" receives under article 6228b. That statute, which des- cribes the procedure for accrual of creditable service based on judicial. tenure, makes no distinction between service ren- dered by a regular judge and that performed by a judge appointed pursuant to article 200a. It is therefore our opinion that a former district judge, not yet retired, who is assigned as a special judge under the provisions of article 20Oa, accrues ad- ditional creditabie service toward retirement during the period of such assignment. SUMMARY A former district judge is eligibie for assignment as a speciai judge if he fui- fills certain requirements under article 2UOa, V.T.C.S., without regard to whether or not he is presently eiigible for retire- ment. A former district judge, not yet P. 4218 Honorable Charles W. Evans - page 3 (H-1021) retired, who is assigned as a special judge under the provisions of article 200a, accrues additional creditable service toward retire- ment during the period of such assignment. Very truly yours, /CL& JOHN L. HILL Attorney General of Texas APPROVED: F l-&a DAVID M. KENDALL, First Assistant C . ROBERT HEATH, Chairman Opinion Committee klw p. 4219