May 10, 1972
Hon. Jimmie D. Oglesby Opinion No. M- 1125
County Attorney
Midland County Courthouse Re: Salary of the judge of the
Midland, Texas 79701 Court of Domestic Relations
in and for Midland County,
Dear Mr. Oglesby: Texas.
Your request for an opinion on the above subject matter
asks the following questions:
"1. Does Section 6 of Article 2338-20
R.S.C. have prospective application when it
specifies a salary equal to that 'paid to the
District Judge'? In other words, does it mean
that the Commissioners Court is duty bound under
the law, and without any discretion in the matter,
to match each and every increment which the State
gives to the District Judge, regardless of when
and how much, and also to match the annual sup-
plemental salary the County,pays and has paid to
the District Judge under Articles 6819a-27 and
51394, V.C.S.; or does it mean that the salary
entitlement of the Domestic Relations Judge from
year to year is restricted to the annual salary
being paid to the District Judge in the year
1965 when the statute was enacted ($20,800.00)?
”2 . Are the orders of the Midland County
Commissioners Court setting the salary of the
Domestic Judge for 1972 and prior years immune
from collateral attack?
”3 . Does Article 3912k, R.C.S. repeal the
salary provisions of Section 6 of Article 2338-201
If so:
"(a) Must the Domestic Judge submit his claim
for arrearages to the Salary Grievance Committee
created by Art. 3912k?
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Hon. Jimmie D. Oglesby, page 2 (M-1125)
w (b) Must he submit his grievance as to
the setting of his present and future salary
to such committee?
"4 . What is the minimum salary which may
legally be set for the Domestic Judge for 1972
and subsequent years?"
Section 6 of Article 2338-20, Vernon's Civil Statutes,
provides, in part:
11
. . . The Judge of the Court of Domestic
Relations in and for Midland County, Texas,
shall be paid a salary which shall be equal to
the total salary paid to the District Judge of
the 142nd Judicial District Court of Midland
County, which shall be paid by the Commissioners
Court of Midland County out of the General Fund
or the Officers' Salary Fund of the Country. . . ."
In construing the above quoted provision, it was held
in Attorney General's Opinion C-491 (1965):
"The phrase 'total salary'~ as that phrase is
used in paragraph 6 of House Bill 1158, quoted
above, means that a judge of the court of domestic
relations is entitled to receive the same salary
as a district judge. Attorney General's letter
Opinion MS-51 (1953). Therefore, the Judge of the
Court of Domestic Relations for Midland County is
entitled to receive as salary the amount payable
to the Judge of the 142nd Judicial District Court
under the provisions of the Appropriations Bill
for the next biennium, House Bill 12, 59th Legis-
lature, 1965, and that additional salary paid to
the district judge under the provisions of Article
6819a-27, Vernon's Civil Statutes, as well as that
compensation to which the district judge is en-
titled to receive under the provisions of Article
5139Q, Vernon's Civil Statutes, as a member of the
Midland County Juvenile Board." (at p. 3, 2321.)
You are therefore advised, in answer to your first question,
that the provisions of Section 6 of Article 2338-20 above quoted
have prospective application, In other words, the salary of the
Judge of the Court of Domestic Relations is not limited to the salary
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. -
Hon. Jimmie D. Oglesby, page 3 (M-1125)
paid the District Judge of the 142nd Judicial District Court "for
the year 1965" for the reason that such phrase does not appear in
Article 2338-20. On the contrary, Section 6 requires that the
Judge of the Court of Domestic Relations in and for Midland County,
Texas, be paid the same salary that is received by the Judge of
the 142nd Judicial District Court.
Turning to your second question, you state in your re-
quest that the Judge of the Court of Domestic Relations has re-
ceived a salary less than the salary paid the District Judge of
the 142nd Judicial District Court for the years 1967, 1968, 1969,
1970, 1971 and during 1972 until this time.
Since the provisions of Section 6 of Article 2338-20
require the Judge of the Domestic Relations Court to receive the
same salary as that paid the Judge of the 142nd Judicial District
Court, it is our opinion that the Judge of the Domestic Relations
Court has a claim against the county for the difference between
the amount paid the Judge of the 142nd Judicial District and the
amount the Judge of the Domestic Relations Court received.
Turning to your third question, the provisions of Article
3912k apply to all county and precinct officials and employees who
are paid wholly from county funds with certain exceptions listed in
Section 7 of Article 3912k.
The Court of Domestic Rleations in and for Midland County,
Texas, is neither a district court nor a county court. It is a
court established by the Legislature by Article 2338-20, under the
authority granted it by Section 1 of Article V of the Constitution
of Texas to ". D . establish such other courts as it mav deem
necessary." Jordan v. Crudgingtonc 149 Tex...237, 231 SIW.2d 641,
645 (1950)s
Since the Domestic Relations Court of Midland County is
neither a county court nor a district court, the Judge of that Court
is not a county officer nor a precinct official nor an employee of
the county. Therefore, the provisions of Article 3912k are not ap-
plicable to his salary. You are therefore advised that Article
2338-20 is not repealed by Article 3912k.
Our answer to your fourth question is the same as our
answer to question number one. The Judge of the Court of Domestic
Relations in and for Midland County, Texas, is entitled to receive.
the same salary as is paid the Judge of the 142nd Judicial District
Court.
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Hon. Jimmie D. Oglesby, page 4 (M-1125)
SUMMARY
The salary of the Judge of the Court of
Domestic Relations in and for Midland County,
Texas, is governed by Article 2338-20, V.C.S.,
which has not been repealed by Article 3912k,
V.C.S. Under Section 6 the Judge of the Court
of Domestic Relations is entitled to receive
the same salary as that paid the Judge of the
142nd District Court.
truly yours,
r 1,.
o'* "
RD C. MA TIN
ey General of Texas
Prepared by John Reeves
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Bill Campbell
Bob Lattimore
Scott Garrison
Jack Traylor
SAMUEL D. MCDANIEL
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
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