One of the items on the list of grievances in the Declaration of Independence against King George III was the linkage between his (dis)pleasure and judicial salaries
He has made Judges dependent on his Will alone for the tenure of their offices, and the amount and payment of their salaries.
For this reason, among others, the U.S. Constitution assures federal judges are to “receive for their Services a Compensation, which shall not be diminished during their Continuance in Office.”
Most (but not all) states have similar provisions in their constitutions. However, legislative efforts to overturn these clauses have been increasingly introduced as states cut budgets. Consider the following:
- 79% of voters in Ireland last week approved a referendum to weaken their constitution’s protection of judicial salaries, allowing for laws to be passed reducing the pay of judges proportionately if the pay of public servants is being or has been reduced and that reduction is stated to be “in the public interest”.
- New Jersey Governor Chris Christie’s plan to change the pension contributions for that state’s judges was also struck down as running afoul of that state’s guarantee that judicial salaries “shall not be diminished” (see prior post here). The Governor has vowed to introduce a constitutional amendment to curtail or eliminate the provision protecting judicial salaries.
- In 2006, Hawaii voters voted to end the state’s judicial compensation commission and replace it with a compensation commission that would set salaries for most state elected officials. A lesser known provision of the amendment also stripped the constitutional guarantee that judicial salaries “shall not be decreased during their respective terms of office, unless by general law applying to all salaried officers of the State”. In 2009, all judicial salaries were “reduced by five per cent from what the salary [was] as of June 30, 2009, and shall remain at that salary rate until June 30, 2011″ (HB 1536 of 2009). The June 30, 2011 deadline has since been extended to June 30, 2013 (HB 575 of 2011).
Details of the various recent constitutional amendments below the fold.
Hawaii HB 1102 (1999) Repeals judiciary salary commission. Repeals provision that “[Judicial] compensation shall not be decreased during their respective terms of office, unless by general law applying to all salaried officers of the State.” Died in committee.
Hawaii SB 1310 (1999) Repeals judiciary salary commission. Repeals provision that “[Judicial] compensation shall not be decreased during their respective terms of office, unless by general law applying to all salaried officers of the State.” Died in committee.
Hawaii HB 1918 (2006) Repeals judiciary salary commission and replaces with commission on salaries to establish salaries for most state elected and appointed officials. Repeals provision that “[Judicial] compensation shall not be decreased during their respective terms of office, unless by general law applying to all salaried officers of the State.” Approved by voters 53%-47% in November 2006.
Michigan HJR 61 (2009) Provides that the salaries of all judges are to be reduced 5% for three years starting in 2011. Died in committee.
Michigan SJR 21 (2009) Provides that the salaries of all judges are to be reduced 5% for three years starting in 2011. Died in committee.
Michigan SJR 2 (2011) Provides that the salaries of all judges are to be reduced 5% for three years starting in 2012. In Senate Committee on Reforms, Restructuring and Reinvention.
Montana HB 602 (2005) Amends guarantee of non-diminishment to require judges decide cases in 90 days or have salary revoked. Obtained majority (55-44) but not two-thirds required (67) in House.
North Carolina HB 1494 (2001) Repeals provision that “salaries of Judges shall not be diminished during their continuance in office.” Killed in House Rules Committee.
New Mexico SJR 6 (2000) Repeals provision that “[Magistrate court judges] shall receive compensation as may be provided by law which compensation shall not be diminished during their term of office.” Approved by Senate Judiciary Committee. Died on Senate floor.
New Mexico SJR 6 (2001) Repeals provision that “[Magistrate court judges] shall receive compensation as may be provided by law which compensation shall not be diminished during their term of office.” Approved by Senate Judiciary Committee. Died on Senate floor.
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