National Center for State Courts

 

Improving Justice through Leadership
and Service to the Courts

      

  

Judicial Salary Survey

State Constitutional Provisions Regarding Reductions to Judicial Salaries

State courts are facing difficult budgetary decisions as a result of the current economic recession. The salaries of federal judges are protected by Article III, Section 1 of the Constitution of the United States; it states that the salaries of federal judges “shall not be diminished during their Continuance in Office.” The NCSC identified the states that have also constitutionally insulated their state’s judicial salaries from any reductions. The scope of this analysis is limited to state constitutions and does not expand to statutory limitations on judicial salary reductions; statutory limitations are not as meaningful to assess because they can be changed more readily than state constitutional provisions.

Judicial Retirement Information

During the Spring of 2008, the NCSC collected information from 37 states and the District of Columbia regarding judicial retirement plans. The following questions were asked:

  • Is there a mandatory retirement age?
  • What is the minimum age, length of service, or additional requirements for normal retirement with benefits?
  • Are participating judges required to contribute to the plan? If so, what is their required employee contribution?
  • What is the retirement benefit formula?

How States Set Salaries

The National Center for State Courts conducted a survey of all fifty states to gather detailed information related to the processes used by states to set judicial compensation and judicial salary increases. The survey includes information regarding statutory provisions, the use of judicial compensation commissions, the methods and processes used to establish salary increases, and information regarding judicial salary escalators.