3011. F. A. Taylor, ksgo 2
aPleasa adviso whether or not tha apaolal pro-
bata judge la to be paid on a per diem baeia in ‘aooordanoa
with th0 MlarY lidtO above dated, and ii no paid, how
la thn per diem to be flgurad when aomo itam or work ia
dono on a probate oar@ bn revaral dlrterent daya but only
a vary amall portion of aaoh day la taken up by the
lpeoial Judgr in oonnaotion with tha probato oaae.
“Thara ara al60 ravoral rktutaa whloh provldr
for tha.?eea of the oounty judge whloh are oollooted
from fha latatea administered. Aa you know thaaa
iaaa are now oolleatad as providad for in naid
artlolaa but inrtead of being pald to the ;un;nludgr
are paid Into the oriloera* salary rund.
appear to ma that the earlart and moat equitable way
y the apeolal oounty fudga In probate oasea would
be
to r o allow him the amount cb the regularly earned teea
-whloh would be payable to a oountp judga who woe not
on a salary baaia.
“1 will appreolata gou letting me have an opinion
on same at your earliest oonvenianoe aa I am dthholdlng
payment of aeveral olaima pending reoaipt or advise from
You.’
In Opinion No. 04572, tbla department ha8 hareto-
lore ruled on a almilar question regarding the oompanaatlon
or a special probate judge appointed by the Governor In ao-
aordanoa with the provlrlons of Artlole 1932, Vernon*s AB-
notated Civil Statutea. iie enolosr a copy of said opinion
ror your oonvrnlsnce.
In view OS Artiole 1932, Vernon*a Annotated Civil
Statutea, It le our opinion that the speolal judge appointed
by the GovOrBOr in probate cases is entitled to reodve the
same ompensation per diem as the regular judge, for every
day that such special judge aervee in that oapaoity. 1~
other worda when the annual salary of the regular judge la
Four Thousand Two Hundred and Fifty (#4,250.00) Dollars, the
spealal judge, appointed by the Governor, serving In probate
matters would be entltled to the same oompepsnsatlon per diem
as the regular judge ior each day that such apeolal judge
served in that oapaoity. To arrive at this amount the ennual
865
salary or thr regular judge at the time tha apeolal judge
served should b0 divided by 585 and the quotient multiplied
by tba number of days aotuelly earvsd by thr~ 8p@OiOl judge.
Ydu rtate in ertrot that th8 rproial judge doer
8oaa work 00 a probate cam on wveral dlftrreat day8 but
only a vary 88011 portlon or eaoh day 18 takm up by the
rpaolal udge in oonnrotion with the prob8to aa8o. By thir
statamen t it 18 apparent that you ralre the qurstion or
whether or not the speoial judge 8houl.d be oo%pentiated for
his 83rviOe8 for a full day whore aap 8ubrtantial 88niOe
13 rendered when in raOt the sprclal judgr work8 only a
fraotlon of a day. Generally speaking thr law does not
reoognlro fraotion8 0r dayr; and when it provide8 a por
dlen cozpenration for the tlae neoersarily devoted to :he
dutie8 of an Offloe, thr offiorr in entitled to this daily
ooffipeaeatfon for 3aoh day on whloh it bsoomesnsoei8sary for
hla to perrorn any subetantlal orrioial sdrvlo8, ii ha
doe8 p3rrox-m the 8~, regardless or the tine oooupied in
it6 p0rr~rrlanoe. (ser oaae or Dallas Cwnty '18. Reynolds,
199 9. H. 702). .
,c I
Therefore, it le our opinion that the epeolal
judge would be sntitled to the per dlaFI cospensation for
aaoh day on wClch lt beuoms ueoeasary for him to p0rrorm
any substantial orfioiei lervice, if he dooe p0rrOm tha
8ama rogaxlleae of the t:iae ocougiad in fts pmformence.
Youra -fary truly
Ardell willianu
Assistant
A.f:PY
nod
r0