NCJ Number
120890
Date Published
1989
Length
3 pages
Annotation
This report summarizes and details State constitutional provisions on judicial salaries.
Abstract
Judicial salaries are not addressed in the constitutions of Connecticut, Maryland, Massachusetts, New Hampshire, South Dakota, Texas, Vermont, and West Virginia. Seven other States have constitutional provisions which indicate only that judges shall receive salaries as provided by law (Delaware, Florida, Idaho, Iowa, Nebraska, New Mexico, and Wisconsin). The constitutions of the remaining 35 States are more specific on judicial compensation. Twenty-three States provide that judicial compensation shall not be diminished during a judge's term of office. Five States provide the exception of salary diminution by law applied generally to all salaried officers of the State. In Colorado and Oklahoma, constitutions allow salary increase and disallow salary reductions during a judge's term of office. The Washington State constitution states that the legislature may increase judges' salaries but is silent on diminishing salaries during a judge's term of office. The constitutions of Mississippi, Nevada, and Tennessee expressly state that judicial salaries may not be increased or diminished during their terms of office. California does not address specific increases or decreases in judges' salaries during their terms but does provide 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. Specific constitutional provisions from the 35 States are provided.