NCJ Number
127938
Date Published
1989
Length
95 pages
Annotation
This memorandum from the Information Service of the National Center for State Courts provides information on State constitutional provisions pertaining to judicial salaries.
Abstract
Eight States (Connecticut, Maryland, Massachusetts, New Hampshire, South Dakota, Texas, Vermont, and West Virginia) do not address judicial salaries in their constitutions. In seven other States (Delaware, Florida, Idaho, Iowa, Nebraska, New Mexico, and Wisconsin), judicial compensation provisions are found in the State constitutions, but only to the extent of indicating that judges shall receive salaries as provided by law. In the remaining 35 States, their constitutions are more specific regarding judicial compensation. Twenty-three State constitutions provide that judicial compensation shall not be diminished during a judge's term of office. Five State constitutions provide that judges' compensation shall not be diminished during their term of office unless by law a diminution is applied generally to all salaried officers of that State. The constitutions of Colorado and Oklahoma allow salary increases and specifically disallow salary reductions during a judge's term of office. Washington State's constitution states that the legislature may increase the salaries of judges, but is silent on diminishing salaries during a judge's term of office. The constitutions of three States expressly indicate that judges' salaries shall be neither increased or decreased during their term of office. California's constitution says nothing about salary increases or decreases, but provides for the withholding of a judge's salary if a case before a judge remains pending and undetermined for 90 days following submission for a decision. Copies of applicable constitutional provisions are provided for each of the 35 States with specific provisions.