Untitled Texas Attorney General Opinion ( 1974 )

THEATTORNEYGENERAII~
OP TEXAS
AUSTIN. TEXAS 78711
November 29, 1974
The Honorable Michael L. Fostel Opinion No. H- 461
County Attorney
Winkler County Re: Supplemental pay of
P. 0. Box 1015 district judge.
Kermit, Texas 79745
Dear Mr. Fostel:
You have asked whether the Commissioners Court of Winkler County
may pay the District Judge of the 109th Judicial District, in addition to
salaries paid him by the State of Texas, $1800 as compensation for all
judicial and administrative services as authorized by Article 6819a-12a,
V. T. C. S. and, at the same time, supplement his pay an additional $1200
as compensation for the added duties as Chairman of the Winkler County
Juvenile Board as authorized by Article 5139X, V. T. C. S.
The 109th Judicial District Court is composed of the counties of
Andrews, Crane and Winkler. V. T. C. S., art. 199 (109).
Article 5139X, Vernon’s Texas Civil Statutes, creates the juvenile
board for Winkler County, composed of a county judge and the judge of
each judicial district which includes Winkler County. “The judge of the
court which is designated as the juvenile court for Winkler County shall
be chairman of the board and its chief administrative offi,ce.”
Section 2 of Article 5139X provides in part:
As compensat;ion for the added duties hereby
imposed upon him, the chai:rman of su,ch board may
be allowed additional compensa,tion in the amount
of Twelve Hundred Dollars ($1,200) per annum, which
shall be paid in twelve (1.2) equal installments out of
the general fund or any other available fund of Winkler
County. The Commissioners Court of Winkler County
p. 21.15
.
The Honorable Michael L. Fostel. page 2 (H-461)
may allow each other member of the board additional
compensation in an amount not to exceed Twleve
Hundred Dollars ($1,200) per annum, to be paid in
twelve (12) equal installments out of the general fund
or any other available fund of Winkler County. Such
compensation shall be in addition to all other com-
pensation now provided o,r allowed by law for county
judges and district judges.
This statute was enacted in 1957 as chapter 382, page 866 of the
Acts of the 55th Legislature.
The question you raised is caused by the enactment in 1963 (Acts
1963, 58th Leg., ch. 229, p. 623) of what is now Article 6819a-12a:
In the 109th Judicial District, the District
Judge may receive annually, payable in monthly
installments, a salary to be fi.xed by the Com-
missioners Court of each county, to be paid by
said county out of the General Fund thereof, as
compensation for all judicial and administrative
services now rendered by said Judge, and any
additional judicial or administrative services here-
after to be assigned to said Judge, in addition to
all salaries paid or hereafter to be paid to said
Judge by the State of Texas, out of state revenues:
provided, however, that the salary herein authorized
to be paid by and County Commissioners Court to
any Judge shall not exceed the sum of Eighteen
Hundred Dollars ($1800) per annum.
In Attorney General. Opinion H-123 (1973), we disc,ussed at length
problems involved in the supplementation of the salaries of various judicial
offices. One question asked there was whether or not supplementation paid
to the judges of Travis County for service on the Travis County Juvenile
Board came within the limitations imposed upon compensation allowed for
services as a judge. We stated our opinion that service on the juvenile
board were services rendered as a judge, citing Jones v. Alexander,
59 S. W. 2d 1080 (Tex.Sup. 1933). and suggested that to permit a judge to
hold two offices, one on a juveni.la board and the other as a judge, for each
p. 2116
The Honorable Michael L. Fostel, page 3 (H-461)
for each of which he would be compensated, would run counter to
Sections 33 and 40 of Article 16 of the Texas Constitution.
We believe the same reasoning applies here and that the com-
pensation provided by Articles 5139X and 6819a-12a are both for
services as a judge. We are further of the opinion as ~a necessary
consequence that the $1200 supplement authorized by Article 5139X
is included within the overall $1800 allowance of Article 6819a-12a.
Thus, in our opinion, the answer to your question is that the Commis-
sioners Court of Winkler County cannot pay to the district judge a
supplemental salary of $1800 under Article 6819a -12a and at the same
time another supplemental salary of $1200 pursuant to Article 5139X.
It can, if it desires, award him $1200 pursuant to Article 5139X and
additional supplementation under Article 6819A-12a provided that the
total supplementation paid by that one county shall not exceed $1800
per annum.
SUMMARY
The District Judge of the 109th District Court is
limited in the amount of supplementation he may receive
from Winkler County under Article 5139X and Article
6819a-12a of Vernon’s Texas Civil Statutes, to the
maximum of $1800 authorized by the latter statute.
Very truly yours,
Attorney General of Texas
APP&VED:
DAVID M. KENDALL, Chairman
Opinion Committee
p. 2117