IBE ,~TIYCBRNEY GENERAL
OF-XAS
February 28, 1972
Honorable Maurice S. Pipkin Opinion No. M-1092
Executive Director
Judicial Qualifications COIWiSSiOn Re: Source of pay for an
Supreme Court Building active or retired judge
Austin, Texas 78711 or justice who sits as
master in a proceeding
before the Judicial
Dear Mr. Pipkin: Qualifications Commission.
Your request for an opinion poses the following questions:
"1. When an active or retired judge or justice
is appointed to sit as a Master in a proceeding before
the Judicial Qualifications Commission, should the
per diem of $25.00 for each day, or fraction thereof,
be paid from Judicial Qualifications Commission funds,
or from the $57,000.00 per year allocated in the
Appropriation Bill to the Comptroller's Department?
"2 . When an active or retired judge or justice
is appointed to sit as a Master in a proceeding be-
fore the Judicial Qualifications Commission, should
the differential pay, due in the case of a retired
judge, be paid from Judicial Qualifications Commission
funds or from'the $57,000.00 per year allocated in the
Appropriation Bill to the Comptroller's Department?"
The appointment of a "Master" before the Judicial Quali-
fications Commission is authorized by the provisions of Section
l-a of Article V of the Constitution of Texas and the enabling
act, Article 5966a, Vernon's Civil Statutes. Section 12 of Article
5966a provides:
"Sec. 12. Any active district judge or justice
of the court of civil appeals appointed to act as
master under said Section l-a shall, in addition to
and cumulative of all other compensation and expenses
authorized by law, receive, while in the performance
of their duties as master, a per diem of $25 for each
day, or fraction thereof, spent in the performance
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.
Hon. Maurice S. Pipkin, page 2 (M-1092)
of their duties as such master. Any retired judge or
justice of the court of civil appeals appointed to
act as such master shall receive while in the per-
formance of their duties as such master a per diem of
$25 for each day or fraction thereof spent in the per-
formance of their duties as master and in addition an
amount representing the difference between all of the
retirement benefits of such judge as a retired judge
and the salary and compensation received from the
state by active district judges or justices of the
court of civil appeals as the case might be. Such
retirement allowances shall continue to be paid by
and from the same source as in the instance of a re-
tired judge who had not been assigned duties. Payments
of the additional amounts provided for by this section
shall be upon certificates of approval by the State
Judicial Qualifications Commission."
Item 2 of the appropriation to the Judicial Qualifications
Commission in the current General Appropriations Act makes the fol-
lowing appropriation for the fiscal year ending August 31, 1972:
"For the Year Ending
August 31,
1972
"1. . . .
"2 . For necessary expenses in carry-
ing out the provisions of Arti-
cle 5, Section la, of the
Constitution, for salaries, wages
and travel of employees, and
travel and other actual expenses
of Commission members, and
capital outlay, current and
recurring operating and other
expenses $28,380"
In view of the fact that the expenses and compensation
provided in Section 12 of Article 5966a, Vernon's Civil Statutes,
are necessary expenses in carrying out the provisions of Article V,
Section l-a, Texas Constitution, it is our opinion that the above
quoted item may be expended for such purpose. We do not find any
appropriation to the Comptroller's office for such purpose.
You are accordingly advised that the compensation and
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Hon. Maurice S. Pipkin, page 3 (M-1092)
expenses authorized under Section 12 of Article 5966a, Vernon's
Civil Statutes, are payable from Item 2 of the appropriation to
the State Judicial Qualifications Commission.
SUMMARY
The compensation and expenses provided in Section
12 of Article 5966a, Vernon's Civil Statutes, for a
master appointed pursuant to the provisions of Section
l-a of Article V of the Constitution of Texas and
Article 5966a, Vernon's Civil Statutes, are payable
out of Item 2 of the appropriation to the State Judicial
Qualifications Commission in the current General Appro-
priations Act.
V truly yours,
RD C. MARTIN
General of Texas
Prepared by John Reeves
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Ben Harrison
Bob Gauss
Linward Shivers
Max Hamilton
SAMUEL D. MCDANIEL
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
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