Texas: judicial salary plan calls for 3-part formula; computation includes other states, US Court of Appeals, in-state first year attorneys

A unique plan to change the way Texas sets judicial salaries has been introduced in the House and Senate.

HB 3971 / SB 1938 provide two major changes:

1) Most state judicial salaries would be set as a percentage of the salary of a justice of the Texas Supreme Court (other than chief justice). Presently District Courts receive a salary equal “of at least $125,000” made up of state and county funds. Judges of the Court of Appeals would receive a salary equal to 91% of a Supreme Court justice; they currently make 110% of a District Court justice.

2) The salary of a Texas Supreme Court justice (other than Chief Justice) would be set annually using a three-part formula

1/3 of the average salary of the justices (other than chief justices) of the highest appellate courts of the 9 most populous states

+

1/3 of the salary of a judge of the US Court of Appeals

+

1/3 average starting base salary of first-year associate attorneys employed with the five private law firms with the largest number of attorneys licensed in Texas

Data for these computations would come from the Office of Court Administration and the state bar.

The formula would have a limit, however. Under no circumstances could an adjustment in salary be greater than 4% or the % increase in CPI for the last year.