THE A~TV~RNEY GENERAL
OF TEXAS
AUS.X.XN.
I'exal~78711
November 27, 1967
Hon. Robert S. Calvert Opinion No. N-161
Comptroller of Public Accounts
State Capitol Re: Whether there is pre-
Austin, Texas existing law for the pay-
ment of submitted claims
for per diem, by a retired
Justice of the Court of
Civil Appeals, on an assign-
ment for holding court in
a District Court not cover-
ing the county of his resi-
Dear Mr. Calvert: dence.
By recent letter to this office you have requested
an opinion in regard to the abwe stated matter. We quote,
in part, from your letter as follows:
"This department has received two claims
for $25.00 per day under the prwisions of
Senate Bill 349, Acts of the 57th Legislature,
Codified as Article 200a, R.C.S., Section 2a.
Subsection (41, for a retired Justice of a
Court of Civil Appeals, on an assignment by
the Chief Justice of the Supreme Court under
Senate Bill 397, Acts of the 60th Legislature
,&o a District Court other t&an one including
the county of his residenced
"This question has arisen in this ae-
partment; Is there a pre-existing law for the
payment of these claims as the Judge is not a
retired District Judge?"
Article 2OOa, Vernon's Civil Statutes, also known
as the Administrative Judicial Act, among other things, auth-
orizes per diem expenditures for judges who are assigned to
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Hon. Robert S, Calvert, page 2 (M-161)
sit in other districts or counties. Subsection (4) of Section
2a of Article 2OOa, is quoted, in part, as follavs:
" . . . judges who are required to hold
court outside their own districts ana out
of their awn counties under the provisions
of this Act, shall receive a per diem of
Twenty-five ($25.00) Dollars for each day,
or fraction thereof, which they spend out-
side their said districts and countiee in
the performance of their duties; . . . .'I
Article 2OOa, standing alone applies only to District
Judges, and the Judge is a recent retired Court of Civil Ap- -
peals Judge, Lsee Attorney General's Opinion No. M-151 (1967)/,
having retired on September 1, 1967,~under the provisions of
Article 622813,Vernon's Civil Statutes, as amended by Senate Bill
397, Acts 60th Legislature, Regulal:8eBsion;,1967, chapter 346,
page 820. The amendment was effective June 8, 1967.
Section 7 of Senate Bill 397 is quoted. in part,
as follows:
”
. Anv oerson who has retired under
. .
the Drwisions of this Judicial Retirement
Act &t. 6228b. V.C.S./ mav elect in writing
addressed to the Chief Justice of the Supreme
Court within ninety (90) days after such re-
tirement, or within ninety (90) claysafter the
effective date of this amended Section, wbich-
ever is the later date, to continue as a iudi-
cial officer, in which instance thev shall,
with their own consent to each assignment, be
subject to assisnment bv the Chief Justice of
the Surxeme Court to sit in anv court of this
state of the same disnitv. or lesser, as that
from which thev retired, and if in a District
Court, under the same rules as provided bv
the present Administrative Judicial Act, &t.
ZOOa, V.C.SJ and while so assigned, shall
have all the powers of judges thereof. . . .'I
(Emphasis added.)
-155.
- ,
Hon. Robert S. Calvert, page 3 (M-161)
The underlined portion of Section 7 clearly au-
thorizes retired judges of the appellate courts, such as the
judge in question, to sit as a district judge under the pro-
visions of Article 200a, V.C.S.
Construing Articles 200a and 6228b. as amended, to-
gether, we are of the opinion that there is pre-existing stat-
utory authority to pay the per diem claims as set out in your
opinion request.
SUMMARY
Article 6228b, V.C.S., as amended, which
authorizes retired appellate judges to serve
as district judges, under the authority of
Article ZOOa, V.C.S., authorizes payment of
tiieper diem claims of a retired appellate judge
under the facts as submitted.
truly yours,
z-w=
C. MARTIN
',Generalof ,Texas
Prepared by James C. McCoy
Assistant Attorney General
APPRCVRD:
OPINION COMMITTEE
Hawthorne Phillips, Chairman
Kerns Taylor, Co-Chairman
W. V. Geppert
Arthur Sandlin
Malcolm Quick
Charles Rose
A. J. CARUBBI, JR.
Staff Legal Assistant
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