Case Information
*1 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 of aaoh day la taken up by the a vary amall portion l peoial tha probato oaae. Judgr in oonnaotion with “Thara ara al60 ravoral whloh provldr rktutaa for tha.?eea of the oounty judge whloh are oollooted from fha l atatea 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 o allow him the amount cb the regularly to r 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- iie enolosr a copy of said opinion notated Civil Statutea.
ror your oonvrnlsnce. 1932, Vernon*a Annotated Civil
In view OS Artiole
Statutea, It le our opinion that the speolal judge appointed by the GovOrBOr in probate cases is entitled to reodve the for every same ompensation per diem as the regular judge, 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 appointed by the Governor, serving In probate spealal judge, matters would be entltled to the same oompepsnsatlon per diem as the regular judge ior each day that such apeolal judge at this amount the ennual To arrive served in that oapaoity.
865 salary or thr regular judge at the time tha apeolal judge served should b0 divided by 585 and the quotient multiplied earvsd by thr~ 8p@OiOl judge. by tba number of days aotuelly
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 and when it provide8 a por 0r dayr; dlen cozpenration for the tlae neoersarily devoted to :he dutie8 of an Offloe, thr offiorr in entitled to this daily for ooffipeaeatfon for 3aoh day on whloh it bsoomesnsoei8sary 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 for
judge would be sntitled to the per dlaFI cospensation for him to p0rrorm aaoh day on wClch lt beuoms ueoeasary any substantial orfioiei of the t:iae ocougiad lervice, if he dooe p0rrOm tha 8ama rogaxlleae in fts pmformence.
Youra -fary truly Ardell willianu Assistant A.f:PY
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