Untitled Texas Attorney General Opinion ( 1979 )

The Attorney General of Texas
November 21, 1979
MARK WHITE
Attorney General
Honorable Ben Z. Grant, Chairman Opinion No. MW-07
Judiciary Committee
House of Representatives Re: Salaries of district attorneys.
P. 0. Box 2910
Austin, Texas 78769
Dear Representative Grant:
You have requested our opinion on the salary of district attorneys
under section 3 of the ProfeasIonaI Prosecutors Act, article 332b-4, V.T.C.S.
That section provides:
Sec. 3. Each district attorney governed by this Act
shall receive from the state compensation equal to 90
percent of the compensation that iv provided for a
district judge in the General Appropriations Act.
Each commissioners court may supplement the dis-
trict attorney’s state salary, but shnJl in no event pay
the district attorney an amount less than the
compensation it provides its highest paid district
judge.
Your specific question is:
In computing a district attorney% supplementary
salary, should the commissioners court include the
compensation provided to a district judge for service
on the Juvenile Board?
It is wall established that any compensation received by a judge for his
service on the @menIle board is for services rendered as a judge. Jones v.
Alexander, 59 S.W.2d 1080 (Tex. 1933); Attorney General Opinions Ii-461
ml23 0973). In Holland v. Harris County, 102 S.W.2d 196 (Tex. 19371,
the court was required to determine the amount of salary due a special
ludge. The special judge was entitled to the same pay as a district judge.
The district juc&s received a supplement for their services on the juvenile
board, but the special judge had no duties with regard to the juvenile board.
Nevertheless, the Supreme Court held that the juvenile board compensation
p. 265
Honorable Ben Z. Grant - Page Two (NW-87)
was for services as a judge and that it was required to be included in computing the pay
due the special judge. But cf. Allen v. Davis, 333 S.W.2d 441 (Tex. Civ. App. - Amarillo
1960, writ ref’d n.r.e.1 (county court-at-law juee not entitled to additional compensation
paid county judge for juvenile board service).
Accordingly, since compensation paid by a county to a district judge by virtue of his
service on the juvenile board Is part of his compensation within the meaning of section 3
of article 332b-4, V.T.C.S., the amount must be included in determining the minimum
supplement which may be paid the district attwneys.
SUMMARY
In determining the minimum pay due district attorneys covered by
the Professional Prosecutors Act, which supplements the district
attorney’s salary, a county must include any supplement it pays
district judges for service on tha juvenile boar&
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
TED L. HARTLEY
Executive Assistant Attorney General
Prepared by C. Robert Heath
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
C. Robert Heath, Chairman
Jim Allison
David B. Brooks
Walter Davis
Bob Gammage
Susan Garrison
Rick Gilpin
William G Reid
Bruce Y oungblood
p. 266