Last year the New Jersey enacted a plan to require increases to the amount government employees would have to pay into the state’s retirement system(s). The state’s courts, however, struck down the law as it applied to judges under the state’s constitution, which reads in operative part (Article VI, Section 6)

The Justices of the Supreme Court and the Judges of the Superior Court shall receive for their services such salaries as may be provided by law, which shall not be diminished during the term of their appointment.

There were also suggestions the legislature and governor imposed the increases on judges as retaliation for decisions of the state’s supreme court.

However, several constitutional amendments were introduced starting last November to amend the salary protection clause. One  such amendment, ACR 152 / SCR 110, is set for a hearing later today and would amend the existing provision to read:

The Justices of the Supreme Court and the Judges of the Superior Court shall receive for their services such salaries as may be provided by law, which shall not be diminished during the term of their appointment, except for deductions from such salaries for contributions, established by law from time to time, for pensions as provided for under paragraphs 3 and 5 of Section VI of this Article, health benefits, and other, similar benefits.

Interestingly, while the Assembly portion is assigned to the Assembly Judiciary Committee, the Senate version will be heard today not in the Senate Judiciary Committee, but the Senate Budget and Appropriations Committee.

Making it even more curious, similar bills that would alter the provision have all been referred to their respective Judiciary Committees, not Budget:

ACR 13 / SCR 72 Amend to read “The Justices of the Supreme Court and the Judges of the Superior Court shall receive for their services such salaries as may be provided by law, which shall not be diminished during the term of their appointment, except for deductions from such salaries for contributions established by law from time to time for pensions, health benefits, and other benefit.” In Assembly and Senate Judiciary Committees.

SCR 33 Eliminate phrase “which shall not be diminished during the term of their appointment”. In Senate Judiciary Committee.

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