The compensation of judges is a complex issue involving the division of powers under the Texas Constitution. As members of an independent branch of government, the Texas Supreme Court held in Vondy v. Uvalde County that these officers must be paid a reasonable salary. However, it is the responsibility of the legislative branch to determine reasonable compensation. In some instances, the Texas Legislature has determined these salaries. In others, the decision is left to the sound discretion of the commissioners court.
In Opinion No. GA-799 (2010), Attorney General Greg Abbott has recently affirmed the authority of the commissioners court to establish, increase, decrease, or eliminate the compensation paid to judges serving on certain juvenile boards. While county-specific provisions establish a minimum or maximum compensation for juvenile board members in certain counties, the attorney general found that the general provisions in Subchapter B, Chapter 152, Human Resources Code, do not require any compensation in all other counties. The opinion relies upon the language in Section 152.0034 which provides that “the commissioners court may reasonably compensate each member of the juvenile board for the member’s additional duties.” The AG found that the use of the word “may” is an indication that the Legislature intended to grant discretion to the commissioners court on whether to provide compensation for these duties. The opinion contrasts this language with the use of the word “shall” in Section 152.0034, Human Resources Code, which provides that the commissioners court “shall” reimburse juvenile board members for their actual and necessary expenses. Therefore, in the absence of a special statute for a particular juvenile board, the commissioners court has the discretion to determine the amount of additional compensation, if any, for serving as a member of the juvenile board.
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