Texas Attorney General Opinion: WW-1446 Page: 1 of 2
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OF EXAs
AUSTJN a., TEMWs
WIL L WILSON
ATTORNEY GENERAL October 9, 1962 AMd b-
Honorable Byron L. McClellan Opinion No. WW-1446
District Attorney
52nd Judicial District Re: Whether a retired district
Box 46 Judge as defined by Section
Gatesville, Texas 5a, Article 200a of Vernon's
Civil Statutes, as amended,
is entitled to receive the
per diem allowance authorized
in Section 2a (4) of said
Dear Mr. McClellan: Article 200a,
This opinion is supplementary to our opinion No, WW-
1422, dated August 24, 1962, wherein we held that a retired
district Judge is entitled to the per diem allowance provided
for in the 1961 amendment to the Administrative Judicial Districts
Act, Article 200a, Vernon's Civil Statutes.
Your most recent question concerns the correctness of
that part of the opinion that, in order to qualify for the per
diem, the Judge must have been assigned to hold court "outside
the district and out of the county" wherein he resides. More
specifically, must the retired Judge go outside his "district"
as well as his county in order to qualify.
Having determined that Section 2a (4) of the Act is
for the benefit of both "retired" and "active" Judges, then the
circumstances under which per diem is allowed, as set forth in
the Section, apply equally to both classes of judges.
As we so stated in our first opinion, a retired judge
has no "district", but for the reasons stated therein, we held
that his place of residence determines both his county and his
"district for the purposes of the Act.
In order to receive the per diem Section 2a (4) says
the judges must be required to hold court '. . outside their
own districts and out of their own counties. .." Two clearly
definable geographical areas are mentioned, to wit: a district
and a county, joined by the word "and." Thus, the Legislature
in defining the circumstances of the grant has specified two
conditions and used the conjunctive "and" requiring a simultaneous
existance of the two conditions..HrE ATTORNE GEERAL
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Texas. Attorney-General's Office. Texas Attorney General Opinion: WW-1446, text, October 9, 1962; (https://texashistory.unt.edu/ark:/67531/metapth268059/m1/1/: accessed April 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.