Untitled Texas Attorney General Opinion ( 1970 )

~4USTIN. TEXAS 7 March 17, 1970 Honorable Qayle R. Carden Opinion No. M- 597 County Attorney Hunt County Re: Compensationof Judge of Greenville,Texas 75401 the 196th Judicial District for serving as a statutory' member of the Hunt County Dear Mr. Carden: Juvenile Board. Your request for an opinion asks the following question: 'Is the 196th District Judge entitled to receive compensationas a member of the Runt County Juvenile Board as provided in Article 5139CC, a8 of the time said Board was appointed on November 7, 19699" Your request states that on October 2, 1969, Hollis D. ffarmonwas appointed District Judge of the 196th Judicial District covering Hunt County, Texas, and that no other District Judge serves Hunt County. House Bill 412# Acts 60th Leg. R.S. 1967, Ch. 418, p. 950, amended Sections 1 and 4 of Article 5139CC, Vernon's Civil Statutes, so as to read as follows: llSection1. There Is hereby established a County Juvenile Board in Hunt County, whfch shall be composed of the county $udge, the judge of each judicial district which includes Hunt County, and four non-salariedmembers who are citizens of Hunt County, two to be appointed by the county judge and one by each district judge. The terms of office of the non-salaried appointed members of the Board are for alter- nating terms of two years each. The terms of two of the non-salariedappointed members ex- pire on December 31st of each odd-numberedyear9 and the terms of the remaining two non-salaried -2843- ^ Ron. Gayle R. Carden, page 2 (M-592) appointed members expire on December 31st of each even-numberedyear, I, . . . %ec. 4. As compensationfor the added duties Imposed upon the judicial members of the Juvenile Board, the county and district judges may be allowed additional compensationnot to exceed Twelve Hundred Dollars ($1,200) per year, and the clerk of the juvenile court may be al- lowed the additional compensationnot to exceed Eight Hundred Dollars ($800) per year. Any ad- ditional compensationallowed shall be fixed by the CommissionersCourt of Hunt County, and paid monthly in twelve (12) equal Installments out of the general fund or any other available fund of the county. Such compensationshall be In addition to all other compensationnow provided or allowed by law for the county judges, district judges, and clerk of the juvenile court and shall not be counted as fees of office. Each other member of the Board serves without compensation. This Act shall be cumulativeof existing laws relating to compensatfonfor judges of district courtsfi county judges, and clerks of juvenile courts. House Bill 12, Acts 60th Legislature,supra, became effective June 12, 1967, and in view of the provlsfons of Sec- tion 1 of Article 5139CC, Vernon's Civil Statutes, as amended, the County Juvenile Board in Hunt County was established,to be composed of the County Judge, District Judge, and four non- salaried members who are citizens of Hunt County, two to be appointed by the County Judge and one by each District Judge. The,196th Judicial District was created by the pro- visions of Section 3.023 of Article lgga, Vernon's Civil Statutes. Under the facts submitted by you, Judge Qarmon qualified as Judge of the 196th Judldlal District on October 2, 1969, and In view of the provisions of Section 1 of Article 5139C& Vernon's Civil Statutes, automaticallybecame a member of the County Juvenile Board in Hunt County. Section 2.006 of Article lgga, Vernon's Civil Statutes, provides: -2844- Hon. ffayleR. Carden, page 3 (M-597) "The district judge of any new district created by this Act shall sit as a member of the juvenile board in any county within his district In which a juvenile board exists. The judge shall receive the same amount as supplementalcompensationfor his services on the board as Is received by other judges on the board. The judge shall rece.lvethe same amount in other supplementalcomp,ensatlon from the county as is receixed by other district judges in that county. You state in your request that the county judge of Runt County receives $1200.00 per year at present for his services as a member of the Juvenile Board for Hunt County. You are, therefore, advised that the Distrlat Judge of the 196th Judicial District Is entitled to the compensation authorized in Article'5139CCand Section 2.006 of Article 199a from and after October 2, 1969. Under the facts submitted, this compensationIs $1200.00 per year. SUMMARY The County Juvenile Board in Hunt County was established in 1967 by the provisions of Article 5139CC, Vernon's Civil Statutes; the Judge of the 196th Judicial District is a member of that Board and is entitled to the compensationauthorized In Article 5139CC and Section 2.006 of Article 19~9a> Vernon's Civil Statutes, from and after the date he qualified as Judge of the 196th Judicial District. General of Texas Prepared by John Reeves Assistant Attorney General -2845- - Ron. Gayle R. Carden, Page 4 (M-597) APPROVED: OPINION COMUITTEE Kerns Taylor, Chairman w. E. Allen, ,ActingCo-chairman Earl Hines Pat Cain Camm Larg Scott Qarrlson MEADE F. GRIFFIN Staff Legal Assistant ALFRRDWALKER Executive Assistant NOLA WHITE First Assistant -2846-