Opinion No.

Honorable Bob Bullock Comptroller of Public Accounts L.B.J. State Office Building Austin, Texas 78774

Re: Whether the Comptroller may pay the salary of a visiting judge who has been improperly appointed (RQ-1494)

Dear Mr. Bullock:

You ask whether the Comptroller of Public Accounts may lawfully pay the salary of a visiting judge who was appointed to preside over a case without all of the statutory formalities for that appointment having been fulfilled.

Your question appears to have been prompted by a recent opinion of the Supreme Court of Texas in State v. Preslar, 751 S.W.2d 477 (Tex. 1988).…