Section III THE JUDICIARY The Judiciary

THE STATE OF THE JUDICIARY

BY ALAN V. SOKOLOW*

HE COURTS, like all government insti­ tutions, are continually seeking to CONSTITUTIONAL AND LEGISLATIVE Tmodernise their administrative ACTIONS structures and practices in order to best The voters in Alabama, South Caro: cope with the demands of a fast and ever- lina. South Dakota, Kansas, and Wyo­ changing society. Since 1971, significant ming supported constitutional amend­ changes have taken place influencing ments to revamp their court systems. court structure and procedure as a result Alabama—The new judicial article in of the passage of either new constitutional Alabama establishes a "unified" court sys-. articles or substantive legislation in Ala­ tem consisting of a supreme court, a court bama, Georgia, Kansas, Minnesota, Soiith of criminal appyeals, a court of civil ap­ Carolina, South Dakota, Virginia, and peals, trial courts of general jurisdiction Wyoming. These actions will be high­ (circuit courts), trial courts of limited lighted. jurisdiction (district courts), probate Further, there will be a discussion of courts, and such municipal courts (the two reports issued by the National Ad­ municipalities havie the option of retain­ visory Commission on Criminal Justice ing municipal courts with the one caveat Standards and Goals, and the American that municipal judges must b(? lawyers) Bar Association's Commission on the as may be provided by law. Standards of Judicial Administration. The district court system will be estab­ The emphasis of both reports was the set­ lished by the Legislature after four years. ting of general guidelines for improving The Legislature will decide on the juris­ the functioning of the courts at all levels. diction of the district courts, the subject Also included will be a brief overview matter they will hear, and the geographic of a developing trend to remove certain location of the courts. kinds of cases from the courts so they The article seeks to assure siystemwide might be handled in other ways and by uniformity through the rules of pleading, other agencies. practice, and procedure on the basis of The final section of this survey will re­ both the rule-making power vested in the view the latest developments in respect to supreme court and the uniform jurisdic­ the establishment of offices of state court tion within the trial courts. administrator, judicial salary increases, The Chief Justice is designated as the and developments at the National Center administra:tive head of the judiciaL sys­ for State Courts and the Institute of Ju­ tem, including the power to assign judges dicial Administration. as needed. Although the supreme court' It is not the purpose of this review to be is required to make and promulgate rules exhaustive of actions being taken in the which will govern administration of all courts throughout the Nation, but rather courts, those rules cannot "abridge, en­ to highlight the more significant occur­ large or modify the substantive right of rences in the past two years. any party nor effect the jurisdiction of circuit and district courts or venue of ac­ *Mr. Sokolow is Director of the Eastern office tions therein." of the Council of State Governments. A five-merriber Judicial Compensation 115 116 THE BOOK OF THE STATES Commission will be established to recom­ sion to implement a judicial merit selec­ mend salary and expense allowances to be tion program, a niandatory retirement paid all judges of the State except those age of 70 for judges, a judicial discipline of probate and municipal courts. and removal commission, and an increase The new article also creates a Judicial in the number of supreme court justices Inquiry Commission to conduct investi­ from four to five. gations and receive or initiate complaints In respect to the selection process, the against any judge, and a Court of the Ju­ nominating commission will tender three diciary to hear complaints and decide the nominees to the Governor for each va­ case on the merits. Presently, a Judicial cancy. The person chosen must stand for Commission of Alabama exists with au­ office one year after the appointment and thority to both investigate complaints as then again upon the expiration of the well as adjudicate them. term on a nonpartisan basis. South Carolina—The new judicial ar­ Kansas—The major developments in ticle in South Carolina creates a unified Kansas related to the creation of a unified court system comprised of a supreme court system and the establishment of a court, circuit courts of general jurisdic­ judicial discipline commission. tion, and such other courts as may be In respect to the former, the court sys­ necessary. As far as the latter is concerned, tem will be composed of the supreme the establishment of such courts will be by court and several district courts, with all legislative enactment. other courts to be determined by the Leg­ To deal more effectively with the ad­ islature as the need arises. Parentheti­ ministration of the courts, the supreme cally, an additional power given to the court can utilize both its broad rule­ Legislature is the ability to increase the making authority as well as appoint a number of supreme court justices if the state court administrator. In addition, the workload should demand such an action. Legislature may establish additional cir­ The article now allows for removal or cuits and increase the number of judges retirement of- justices of the supreme in a circuit in' response to workload de­ court, after an appropriate hearing and mands. One further and significant fea­ certification by the supreme court nomi­ ture of the new judicial article is that it nating commission, by means other than does not contain provisions regarding impeachment. The grounds for removal special, minor or county courts. or retirement can now be for incapacity South Dakota—In South Dakota, sev­ or cause. eral constitutional amendments were Virginia—The 1973 Virginia- General adopted. The salient ones establish a Assembly enacted legislation which will unified court system to be financed solely significantly revamp the structure and op­ by the State. The Chief Justice is given eration of its courts. broad rule-making and administrative The number of judicial courts of record powers, including the assignment of judi­ was reduced from 40 to 30 by means ofan- cial personnel on the basis of need. stituting a 30-circuit court system. Various Not only does the article eliminate con­ courts of record were combined while current jurisdictional boundaries be­ numerous city and corporation courts tween courts but it also empowers the were eliminated. To assure better admin­ Legislature to create courts of limited istration for the new circuit court ar­ jurisdiction whenever necessary. rangement, the chief judge of each circuit Furthermore, the new article requires would be responsible for administering the Legislature to establish a judicial his division. qualifications commission to investigate There also was a streamlining of the complaints and conduct hearings in re­ district court structure—the former courts gard to the removal, retirement, disquali­ not of record were replaced by a 31-dis- fication, or censure of a justice or judge. trict court system. The key reason for this Wyoming—The judicial article sup­ change was to abolish courts of limited ported by Wyoming voters provides for jurisdiction in towns and cities and to creation of a judicial nominating commis­ eliminate the position of part-time judge. THE JUDICIARY 117 As of January I, 1974, the present court system structure and procedure, justice-of-the-peace system was replaced are: (1) judges should be selected on the by one of magistrates. Not only will the basis of merit and vacancies be filled from existing fee system be eliminated, but the lists presented by a highly qualified judi­ magistrates, who will have comparable cial nominating commission; (2) judges powers to the justices-of-the-peace, will be should be adequately compensated in salaried state employees. salaries and retirement benefits (possibly The court administrator's staff was en­ equivalent to the federal judiciary); (3) larged from three to 11 members to han­ judges should be subject to discipline or dle its broadened scope of responsibility, removal for permanent physical or men­ including the payroll for the newly cre­ tal disability as well as cause—a judicial ated court system. conduct commission should be estab­ Finally, the Chief Justice of the Su­ lished to initiate and conduct investiga­ preme Court is now designated as the tions; (4) a comprehensive continuing ju­ statutory and constitutional head of the dicial education program should be Virginia system. instituted both for new and more senior Georgm—Georgia voters ratified a con­ staff; (5) the state court system should be stitutional amendment establishing a unified—there should be a single trial seven-member Judicial Qualifications court with both criminal and civil juris­ Commission to investigate and review the dictions; (6) the state court system should removal, discipline, or involuntary retire­ be financed by the state; (7) traffic viola­ ment of justices or judges of state courts. tion cases, except serious moving viola­ O^/ier^—States taking similar actions in tions, should be made infractions subject regard to judicial discipline were Iowa, to administrative disposition rather than Minnesota, and North Carolina. In the jury trial; (8) every State should establish case of North Carolina, however, removal the position of a court administrator at of judges would requirie a two-thirds vote the state level for those trial courts with both a large enough caseload and a cer­ of both houses of the Legislature for rea­ tain minirnum number of judges to assist sons of mental or physical incapacity. the Chief Justice in managing the court NATIONAL STUDIES ON THE COURTS system (preparation of budgets, personnel administration, compilation of data and Reports of the National Advisory Com­ fiscal operations); and (9) present manage­ mission on Criminal Justice Standards ment procedures should be reviewed to and Goals, and the American Bar Associa­ the end of utilizing semi-automated or tion's (ABA) Conimission on the Stan­ automated equipment or computers de­ dards of Judicial Administration were pending on the need. major efforts to emphasize the need for modernizing the courts to handle their The Advisory Commission, composed ever-increasing responsibilities and work­ of 22 citizens from state and local levels, load. It should be noted that both reports developed a comprehensive study on the acknowledge the fact that although none criminal justice system. Its emphasis was of the recommendations they contain are on how each segment should be improved either new or revolutionary, the imple­ both internally and in its relations with mentation of them would be a radical de­ other elements of the system. Recommen­ parture in many States and localities from dations were promulgated toward those what presently exists. Further, the mem­ ends. A report was issued with respect to bers of both commissions were fully aware each of the segments, including one for that their recommendations had to be the courts. fitted into existing political, social, and As stated in the introduction of the re­ historical patterns at the state and local port on the courts, the two underlying levels. It is likely that many of the recom­ premises for the study were: mendations will be accepted piecemeal rather than as a complete package. The first is that crime in America is seriously interfering with the Nation's ability to attain Some of the key recommendations of economic, political and social well-being for all its both reports, with respect to internal citizens. The second is that no attempt to alleviate 118 THE BOOK OF THE STATES this problem can succeed unless dramatic im­ had implemented some of the standards provements are made in the ability of the courts either to a greater or lesser extent. In to perform their critical role in the criminal jus­ tice system. some cases, the report can be used by court officials to seek adequate appropria­ The report reviewed the flow of cases tions to meet the recommended guide­ (screening, diversion, the negotiated plea, lines while in others the officials can take the litigated case, sentencing, and trial pride in the standing of their court system court proceedings), personnel and institu­ based on how much of the report had tions (the judiciary, lower courts, court been adopted to date. administrator, court-community rela­ tions, coinputer utilization, prosecution, RECENT TRENDS and defense) and special problem areas One of the more important issues being (juveniles and mass disorders). considered by judges, judicial officials, The focus of the report, with respect to lawyers, and interestied citizens, in the assuring both a fair and speedy trial sys­ context of constantly increasing work­ tem, was, on the one hand, to improve the loads and court delay, are the kinds of efficiency of the process within the court cases coming before the courts which system itself, especially the informal, ad­ might be handled outside the court room. ministrative aspects, while on the other These include minor motor vehicle viola­ hVnd, recognizing that one is working in tions as well as a range of so-called "vic­ the context of a complex and essentially timless crime" cases. interrelated three-component system, i.e., More and more'States are seeking ways courts, police, and corrections. of adopting adjudication programs for The ABA Comrnission members, who minor traffic offenses including minor were primarily judges and practicing law­ moving violations so that local courts will yers, oriented their discussions solely to not be overburdened with these cases. the structural and procedural aspects of The main thrusts are either to give re­ the state court system. The emphasis was sponsibility to a court-related adjudica­ on internal modernization and did not at­ tory body or a line executive agency, most tempt to deal with the courts either as often the department of motor vehicles. part of an interrelated system or strictly In either case, violations are handled with the criminal justice aspects of the through administrative hearings with the court system. hope that few will go to trial although Of the many areas reviewed by the re­ such an option is open to those who wish port, the most significant ones dealt with it. It is felt that the overwhelming num­ the concept of the unified court system, ber of cases would be resolved equitably rule-making, policy-making, administra­ through this procedure and not require a tion, court administrative services, fi­ jury trial. New York State has been,in the nance, and records and information forefront of developing such a system and systems. its model is being studied by other States. As stated earlier, the recommendations Legislatures, in reviewing penal codes, included in the report in these areas were are considering the impact on the courts not startlingly new but in many cases of the prosecution of "victimless crimes." were points which had been made in ear­ The kinds of crimes included are va­ lier court structure studies. It was hoped grancy, gambling, drunkenness, juvenile that the state courts would take a lead in delinquency, drug^ use (especially posses­ adopting as many of the standards as pos­ sion), and sexual and immoral behavior. sible although it was recognized that it Many experts believe that the courts would probably be a long and slow are being clogged and that police time is process. Also, the standards were drafted being badly spent prosecuting these kinds with flexibility in mind since ievery state of crimes. In addition, there is a feeling court system is somewhat different in that these laws are either not enforced, minor or major ways from all other court enforced in a discriminatory manner^ or systems. unenforceable and thus create an atrrio- It was also understood that each State sphere of disrespect for the law itself. THE JUDICIARY 119 In respect to the crime of public drunk­ Judges). Due to the possibility of nega­ enness, six States have eliminated their tive rulings by the federal pay board, how­ statutes in this area and others are con­ ever, some of the salary increases may be sidering, such a change. The view is that in jeopardy of being reduced substan­ alcoholism is a disease and not a crime. tially. There also has been an efiFort by Legis­ Since its inception in 1971, the Na­ latures to deal with the drug possession tional Center for State Courts has dedi­ issue as distinct from drug pushing. In cated itself to aiding state courts to estab­ some cases, possession of a small amount lish and observe statisfactory standards of of a drug, such as marijuana, would be a judicial administration; coordinate but misdemeanor rather than a felony. Also, not supplant efforts of other organiza­ there would be a warning for first offend­ tions in the field, especially in the area of ers and the possibility of having no record training; act as a clearinghouse for court maintained. related information; and initiate and sup­ Since one half of the people in Ameri­ port court-oriented research, ernphasizing can prisons and one half of the cases in practical solutions to immediate needs. American court rooms are due to be­ The kinds of projects handled by the havior in which no one was injured, it iB Center include ones in court reporting clear that neither the individual nor the (e.g., training of reporters, development community is benefiting from the present of sound/video taping system alternatives situation. Continuing efiEorts are being and the use of computerized transcripts), made to review and revamp penal codes court performance analyses, the studies in this regard. of adequate representation of indigents, and the causes of pre-trial delays in 25 GENERAL DEVELOPMENTS urban trial court systems. General developments in the field in­ One of the newest and more important clude establishment of new offices of court programs undertaken by the Institute of administrator, increases in judges' sala­ Judicial Administration in the past two ries, and projects undertaken by the Na­ years is an 11-state study to develop uni­ tional Center for State Courts and the form judicial statistics called the State Ju­ Institute of Judicial Administration. dicial Information Systems Project. At There are 42 States, the District of Co­ this time, the program is in its formative lumbia, Puerto Rico, and Guam which planning stage. have offices of court admiiiistrator. In The Institute will assist 11 States in 1972 and 1973, Alabama, Florida, Ne­ reaching three rhajor objectives: the im­ braska, South Carolina, South Dakota, provement of the quality of judicial sta­ and Utah established such offices. Nevada tistics being gathered; the aim of develop­ was the only State to have created and ing comparable statistical systems from then abolished' its office. one State to another; and, finally, the im­ Judicial salaries are increasing nation­ provement of communications between wide. There are now 14 States where su­ the courts and other criminal justice preme court salaries range from $22,500 agencies. (Montana) to |29,500 (New Mexico), 27 The project represents the first step in States from $30,000 (Rhode Island, Ten­ developing a judicial information system nessee, Wyoming) to $38,407 (Massachu­ that will have nationwide usefulness. setts), and nine States from $40,000 After establishing the minimum judicial (Texas) to $50,000 (Pennsylvania). In data elements required for an effective some instances these figures include pro­ system, prototypes will be designed and posed increases to be implemented by documented for collecting and analyzing 1975 (see Table 4 on Compensation of judicial information and statistics. 120 THE BOOK OF THE STATES TABLE 1 STATE COURTS OF LAST RESORT

Justices chosen Name Chief Justice** State or of At By other jurisdiction Court* large district Method of Selection Term

S.C. • Popular election 6 yrs. S.C. •(a) First nominated by Judicial Coun­ 10 yrs. cil and appointed by Governor, then confirmation by election S.C. Selected by Court Unspecified—usually 3 yrs. S.C. • Popular election 8 yrs. S.C. •(a• ) First appointed by Governor, then 12 yrs. by popular election S.C. •(a) Appointed by Court Pleasure of Court S.C. • (b) Nominated by Gov., apptd. by Gen. 8 yrs. Assembly S.C. •(c) Appointed by Governor, confirmed 12 yrs. by Senate S.C. • Appointed by Court 2 yrs. S.C. • Appointed by Court Remainder of term as Justice Hawaii S.C. •(c) Appointed by Governor with 10 yrs. consent of Senate S.C. Justice with shortest time to serve Remainder of term as Justice Illinois S.C. • Elected by Court 3 yrs. S.C. • Judicial Nominating Commission S yrs. S.C. •(a• ) Selected by Court Remainder of term as Justice S.C. •(a) Seniority of service Remainder of term as Justice C.A. • Seniority of service-rotation 18 mos. S.C. • Seniority of service Remainder of term aa Justice S.J.C. •(c) Appointed by Governor with 7 yrs. consent of Council C.A. •(a) Selected by Governor Remainder of term as Judge S.J.C. • (c) Appointed by Governor with To age 70 consent of Council S.C. •A- 2 yrs. S.C. • Popular election 6 yrs. --S.C. Seniority of service Remainder of term as Justice S.C. •(a) • Appointed by Court-rotation 2 yrs. S.C. • Popular election 8 yrs. S.C. • (a,d) First appointed by Governor, then 6 yrs. by popular election S.C. Seniority of service-rotation 2 yrs. S.C. • Appointed by Governor and Council To age 70 S.C. m Appointed by Governor with con­ 7 yrs. with reappointment sent of Senate to age 70 S.C. • Justice with shortest time to serve Remainder of term as Justice C.A. • Popular election 14 yrs. S.C. • Popular election 8 yrs. S.C. • Selected by Supreme and district S yrs. or until expiration of court judges meeting together term as Justice, whichever occurs first S.C. • Popular election 6 yrs. S.C. • (a) Chosen by Court 2 yrs. S.C. • Majority vote of members of 6 yrs. Supreme Court S.C. • Seniority of service Remainder of term as Justice S.C. •(e) Elected by Legislature Life S.C. •(e) Elected by General Assembly 10 yrs. S.C. • Appointed by Court 4 yrs. S.C. • (f) Appointed by Court Pleasure of Court S.C. Popular election 6 yrs. Utah S.C. • (a) Justice with shortest time to serve Remainder of term as Justice S.C. •(e) Seniority of service 2 yrs. Virginia S.C. • (e) Seniority of service Remainder of term as Justice S.C. • Judge with shortest time to serve(g 2 yrs. West Virginia S.C.A. • Appointed by Court-rotation lyr. S.C. • Seniority of service Remainder of term as Justice S.C. • (h) Selected by Court Pleasure of Court District of Columbia C.A. • Designated by President of 4 yrs. the United States •Explanation of symbols: S.C. — Supreme Court; C.A.— ate; in Maine, Massachusetts, New Hampshire with consent of Court of Appeals; S. J. C. — Supreme Judicial Court; S. C. A. Council. — Supreme Court of Appeals. (d) Chief Justice is chosen at large. ••Title is Chief Justice, except Chief Judge in Maryland and (e) Justices are elected by Legislature; In Vermont, Legislature New York; President in West Virginia; and Presiding Judge in originally elects, subsequently votes on retention. South Dakota. (?) Justices are chosen at large (each voter may vote for five) (a) Justices originally appointed by Governor, elected sub­ but not more than two may reside in any one of the three sequently. For details, see Table S. geographical regions of the State. (b) Justices are nominated by Governor, appointed by Gen­ (g) Senior judgejnext up for election who has not yet served eral Assembly. as Chief Justice. (c) Justices are appointed by Governor, with consent of Sen­ (h) Justices are appointed by Governor from a list of 3 sub­ mitted by Nominating Committee. THE JUDICIARY 121 TABLE 2 NUMBER OF JUDGES

Appellate courts Major trial courts Inter- Court mediate Other State or of last appellate Chancery Circuit District Superior trial other jurisdiction resort court court court court court courts

Alabama 9 Alaska 5 Arizona 5 Arkansas ; 7 California 7 Colorado 7 Connecticut 6 Delaware • 3 Florida 7 Georgia 7 Hawaii 5 Idaho ; S Illinois 7 Indiana S Iowa 9 Kansas 7 Kentucky 7 Louisiana 7 Maine 6 Maryland.. 7 Massachusetts 7 Michigan 7 Minnesota 9 Mississippi 9 Missouri .' 7 18 Montana 5 Nebraska 7 Nevada 5 New Hampshire 5 New Jersey 7 18 New Mexico 5 5 New York 7 31(b) North Carolina 7 9 North Dakota 5 Ohio 7 ii Oklahoma 9 9(c) Oregon 7 6 Pennsylvania 7 14 Rhode Island 5 South Carolina 5 South Dakota S Tennessee S 16(c) Texas 9 47(c) Utah : 5 Vermont 5 Virginia 7 Washington 9 West Virginia S Wisconsin 7 Wyoming 5 District of Columbia 9 (a) Unified court system with an additional 24 District As­ inal Appeals and 6 on the Court of Appeals. In Tennessee there sociate Judges, 6 Judicial Magistrates, and 191 part-time Ju­ are 9 judges on the Court of Appeals and 7 members on the dicial Magistrates. Court of Criminal Appeals. In Texas there are 5 judges on the (b) Does not include temporary designations. Court of Criminal Appeals and 42 on the Court of Civil Ap­ (c) In Oklahoma, there are 3 judges on the Court of Crim- peals. 122 THE BOOK OF THE STATES TABLE 3 TERMS OF JUDGES (In years)

Appellate • courts Major trial courts Courts of limited jurisdiction Inter­ Justicp, mediate magis- - Court appel- Chan­ Cir­ Dis- Su- Other Pro- Mu- trate or State or of last late cery cuit trict perior trial bate County nicipal police Other other jurisdiction resort court court court court court courts court court court court courts

Alabama 6 6 (a) 2 Alaska..; 10 • 4(b) Arizona 6 6 4(c) Arkansas 8 2-4 2 • 2^) • California 12 12 6 6

Colorado ^ 10 8 (e) 6(f.g) Connecticut. .. 8 4(d.f,h) Delaware 12 12 "4' 12(d.l) . Florida 6 6 Georgia 6 6 4-8 4 4(k) 1-4(1) Hawaii 10 10 4(b) Idaho 6 Illinois 10 10 4(3) ... Indiana 10 10 4(k) 4 "'4 ' 4(f) Iowa 8 6(1) Kansas 6 4 2 2 4 2 Kentucky 8 4 4 Louisiana -14 12 "6{n) 4-8(0) 4 6-8(f)6(i) Maine 7 7(b) Maryland 15 15 5(p) 4 i6(b) Massachusetts. To To To To To age age 70 age 70 age 70 age 70 70(q) Michigan 8 6 6(r) 6 6 6(d)4(b) Minnesota 6 ... 6 "6 6 Mississippi 8 4 4 "4' • 4(1) Missouri 12 12 '. "4 2-4 4' 4(8) Montana 8 2 4 Nebraska 6 "4 6 • 6(f) Nevada 6 4 '2 To" New Hampshire To ... To To ••"TO age 70 age 70 age 70 age 70 age 70(b) New Jersey 7 with 7 with 7 with 5(t) ... 3 5(f.u) reap- reap­ reap­ point- point- point­ ment ment ment for life for life for life New Mexico 8 8 6 2 4 4 4(v) New York. 14 5(w) 14(x) 10(y) 10 (z) 4(aa) 10(i)6(b) 9(m) North Carolina. 8 8 8 4(b) North Dakota.. 10 6 4 4 4. Ohio 6 6 6(d) 4 6 4 6(f) Oklahoma 6 6 4(ab) 2(e) Ocfigon 6 6 6 6 (a) 6 6(b) Pennsylvania... 10 10 •10(d) 6(ac) 6(c) Rhode Island... Life Life • Ue) 2 l)lO(b) South Carolina. 10 4 4 4 (e) (ad) 6(1) South Dakota.. 8 8 (a) Tennessee 8 8 8 8 8(n) (ag) (ah) 8(al) Texas 6 6 4 4 4 (e) 4 4(f.n) Utah 10 6 6 4 6(f) Vermont 2 ' "6(ae) "i 2 4(b) Virginia 12 8 4 4 6 Washington 6 6 "'4 4 '4* West Virginia. . 12 8 8 8(af) 8(af) 8(ag) Wisconsin 10 6 6(ae) 2 Wyoming 8 "6 (ah) '4' ''4(ae) Dist. of Columbia. 15 IS THE JUDICIARY 123 TABLE 3—Continued TERMS OF JUDGES (Footnotes)

(a) Alabama: judges of recorder courts at pleasure of ap­ (r) Recorders Coiu-t of Detroit. pointing authority. Alaska: magistrates at pleasure of appoint­ (s) St. Louis court of criminal corrections. ing authority. South Dakota: magistrates. Oregon: at pleasure (t) County courts. of appointing authority.. ^ (u) County district courts. (b) District courts. (v) Small claims courts. (c) Justices of the peace. Arizona: term of city or town magis­ (w)- Justices are designated for S-year terms while retaining trates provided by charter or ordinance. status as elected Supreme Court justices. (d) Courts of common pleas. Arkansas: presided over by ' (x) Supreme Court, to age 70; judges may be certified there­ county judge. after for 2-year terms, up to age 76. (e) Dependent on municipal charters and ordinances. Colo­ (y) In New York City, 14. rado: 2 years in statutory cities and towns. Oklahoma: usually 2 (z) In New York City, 10; outside New York City, de­ years or at pleasure of appointing authority. termined by each city. ii) Juvenile courts. Louisiana: judges serve 6 years except 8 (aa) Town and village courts. in New Orleans. (ab) Special district jadges serve at pleasure of district judges (g) Superior court and Denver juvenile court. by whom they are appointed. (h) Circuit court. (ac) Municipal court and traffic court of Philadelphia. (i) Family courts. Rhode Island: during good behavior. (ad) Terms not uniform, fixed by General Assembly. (j) Associate judges. (ae) County courts. Vermont: 6 years for superior judges, 2 (k) Criminal courts. years for assistant judges.' (1) District associate judges and full-time magistrates, 4 (af) Muhicipal and police courts variable. Term set at dis­ years; part-time magistrates, 2 years. cretion of Legislature. (m) Courts of claims. (ag) Common pleas, domestic relations, criminal, inter­ (n) Judges in New Orleans serve 12 years. mediate and juvenile courts. Term set at discretion of Legisla­ (o) Municipal and traffic court judges and city court judges ture. In New Orleans serve 8 years; other city court judges serve 6 (ah) Police justice's term the same as that of other appointive years, except 4 years in Baton Rouge. officers of the municipality. (p) Supreme bench of Baltimore city. (ai) Courts of general sessions, domestic relations, and (q) District courts, juvenile courts, and land and housing juvenile courts; if juvenile judge is designated by county court cotu-t. rather than elected, 6 years. TABLE 4 COMPENSATION OF JUDGES OF STATE APPELLATE COURTS AND TRIAL COURTS OF GENERAL JURISDICTION *

Appellate courts Inter­ Major trial courts Court mediate State or of last appellate Chancery Circuit District Superior Other trial other jurisdiction resort court court court court court courts Alabama $33,500 $33,000 $2S,000(a) Alaska 36,000 $33,000 Arizona 32.000 30.000 28.000(b) Arkansas 27,000{c) $2S,000(d) 2S.6b0(d) California 48.147(c.e) 45,'l*39(e) 37,6i5(e,f) Colorado.... 3S,000(c) 32.000 $28,000 Connecticut. 36,000{c) 34.500(g) Delaware.... 34,000(c) 31,000(g)X 31.000(g) Florida 36,000 34.000 32.b6o Georgia 32,500 32,500 2b.bbo(a) Hawaii 32,670(c) 30.250 Idaho 25,000 22.500 Illinois 42,500 40,00a 30.000-37,500 (a) $23.500-28.000(a) Indiana 29,000(d) 29.000(d) 21,000-26,000(a) 21.000-26,000(a) 19,000-23,000(q) Iowa 33,000(c) 29.bbo(g,u) Kansas , 28,000(c) 23.500 Kentucky 29,000 23.500 Louisiana 37,500 35,000 20.500-^35,'800(a) Maine , 26,000(c) 23.000(g) 2S.'5bo Maryland 40,000(c) 37.5b0(g) 35.500 35.500(h) Massachusetts. 38,407 (c) 35,566(g) 28.407 (g.i) 34.089(g) Michigan 42,000 41.961 26.1S7-30.000(a) 21.279 39.200 (j), Minnesota.... 36,500(c) 32.000(a) Mississippi.... 26,000(c) 22,000 (g) 22.boo (g) Missouri 31,500 30.000 28.000 Montana 22,500(c) 20.500 Nebraska 30,500 27.500-29.000(a) Nevada 35,000 30.000 New Hampshire. 33,800(c) 33,696(g) New Jersey 45,000(0) 42.000 37.000 (k) 37.000(1) New Mexico. ... 29,500 28,000 27.000 New York..;... 49,665(c,v) 40,182^6,682 (g.v) 37.817Hi3.'317(v,w) North Carolina. 38,000(c) 35.500(g) 30.500(d) North Dakota. . 28,000(c) 26.000 Ohio 40,000 (c) 37,000 23.500-34.b00(m)

Oklahoma 26,000 22,360 14.175-21.320(n) Oregon 32,000 31,000 29.000 Pennsylvania... 50,000(c) 48,000 (g) 40.500-^2.'S00(m) Rhode Island... 30,000(c,o) 28,000 (g.o) South Carolina. 34,000(c) 34.000 South Dakota 24,000 22.000 Tennessee 30,000(c,p) 27,500(g.p) 25.000(p) 2 5.000 (p) 25,000(p,q) Texas 40,000{c) 35.000(g) 2S,000(a) Utah 24,000(c) 22,000 Vermont 29,000(c) 2S,bbo(g,l) Virginia 37,500(c,d) 28,500(a) Washington(r) 38.000 35.000 32,000 West Virginia 32,500 26,000(8) Wisconsin 34.716(c,t) 25,044 22,974(a,l) Wyoming 30,000 27,500 15.000(1) Dist. of Ck>Iumbia. 38,750 36.000

•Compensation is shown according to most recent legislation even though laws may not Texas: chief justice of intermediate appellate court. $500; Vermont: presiding judge of county yet have taken effect. courU, $1,000. ' = (a) Salaries may be supplemented by counties. In Indiana range depends on jxipulation of (h) Supreme bench of Baltimore city. circuit. (i) Part-time justices. $8,636-$11.477. (b) Half paid by State, half by county. (j) Recorders Court of Detroit. (c) These jurisdictions pay additional amounts to Chief Justices of courts of Izist resort. (k) Assignment judges, $40,000. New Hampshire, $200; Delaware, North Dakota, Texas (also presiding judge), and Utah, (1) County coiu-ts. $500; Iowa, Kansas, Maryland, Mississippi, North Carolina, Rhode Island, and Virginia. ^ (m) Courts of common pleas. Variations in salary based on population. $1,000; Hawaii, $1,210; Massachusetts, $1,363; Maine, Montana, and Vermont, $1,500; (n) Unified court system. District judges, $21,320. Associate district judges paid on basis of Arkansas, Colorado, New Jersey, Pennsylvania, and Tennessee, $2,500; New York, $2,957; population ranges and may be supplemented by counties. California, $3,008; Wisconsin, $3,114; Minnesota and Ohio, $3,500; Coimecticut, $4,000; (o) Salary supplemented by state service longevity at 7, 15, and 20 years, up to 20%. South Carolina, $5,000. (p) Cost of living increase. (d) In addition, expense allowance of $2,400 (judge may elect to receive actual expenses (q) Criminal courts. In Tennessee also law equity courts. incurred) in Arkansas; Indiana, $3,000; North Carolina, $5,000; and $3,0()0 in lieii of per diem (r) I^itigation currently pending could have the effect of reducing statutorily approved in Virginia. figures to those determined pursuant to November 1973 initiative measure. (e) Cost of living increase yearly based on California consumer price index. (s) A circuit judge sitting as an intermediate appellate court receives additional compensa­ (f) Partially paid by State, partially by county, based on statutory i)opulation formula. tion up to $2,500 depending upoii number of statutory courts of record over which he presides. (g) Additional amounts paid to various judges. Connecticut: chief judge of superior court, (t) 3 supreme court commissioners at $18,000, $20,000, and $21,500. $500; Delaware: presiding judge of chancery and superior courts, $500; Iowa: chief judge of (u) District court associate judges and full-time district court magistrates, $19,500. Part- district court, $S(50; Maine: chief judge of district court, $1,000; Maryland: presiding judge of time district court magistrates, $4,800. intermediate appellate court, $1,000; Massachusetts: chief justice of appellate coiu-t, $1,364, (v) In addition, judges of the court of appeals receive $6,000 for expenses, those of the chief justice of superior court, $1,477, and chief justice of district court, $1,478; Mississippi: appellate division (3rd and 4th departments) $8,000 ($9,000 for presiding judge), and those of presiding judge of chancery and superior courts, $500; New Hampshire: presiding judge of the Supreme Court (3rd and 4th departments) $3,000. Ranges are due to lower salaries paid superior court, $200; New York: presiding judges of intermediate appellate courts, $1,592; to judges in 3rd and 4th departments. $lO,500 of salaries of judges in the latter and $16,0CK) in North Carolina: presiding judge of intermedrate appellate court, $1,000; Pennsylvania: 1st and 2nd departments paid from local sources. presiding judge of intermediate appellate court, $1,5()0; Rhode Island: presiding judge of (w) Supreme Court. superior court, $1,000; Tennessee: presiding judge of intermediate appellate court, $1,000; 126 THE BOOK OF THE STATES TABLE 5 RETIREMENT AND PENSION PROVISIONS FOR JUDGES OF STATE APPELLATE COURTS AND TRIAL COURTS OF GENERAL JURISDICTION'^'

\ Years Amount Amount of State or Minimum minimum of judge's other juiisdiction age service annuity contribution Judges to whom applicable Alabaina(d) . Any age 10(e) 75% 4.5% Supreme, appeals, circuit AlaskaCd) . Any age S(c.e) up to M pay(f) none Supreme, superior, district 65 12(e) up to H pay(h) 5.5% Supreme, appeals, superior 65 15(e) • $ll,50O-13,10O(i,j) 4% Supreme, circuit, chancery Any age 20 $ll,500-13,100(i,j) 4% Supreme, circuit, chancery Callfornla(d) 60 20(e) M pay(i,j) 8% Supreme, appeals, superior 66 to 70 18(e)-10(e) 65%of pay(i,j) 8% Supreme, appeals, superior Over 70 10(e) H pay(i,j,k)> 8% Supreme, appeals, superior ' 72 30 $7,000 none Supreme 72 20 $6,000 none Supreme 72 10 $5,000 none Supreme 65 10 $5,000 none Supreme 16 H pay(m) 7% Supreme, appeals, district tfil! 10 H pay(m) 7% Supreme, appeals, district 60 20 H paylg) 7% Supreme, appeals, district Connectlcut(d). . . 65 No minimum H pay(n) S%(o) Supreme, superior, circuit Any age No minimum % pay(n) 5%(o) Supreme, superior, circuit . Any age 24(p) 3% of highest 5% (max. Supreme, superior, chancery salary times number $375 a yr. of years served for 20 yrs.) Florida(d) 65 10(e) 3}^% of aver. 8% Supreme, appeals, clrcuit(bc) comp. for each year of service(k) 55 10 (q) 8% Supreme, appeals, circuit 65 10 75 % of salary 7.5% Supreme, appeals 65 20 up to $12,000 none Supreme Any age up to $12,000 5% Superior 70 up to $12,000 5% Superior HawalKd) 55 i?5 S 3.5% of aver, final 6% Supreme, circuit comp. for each year of service(k) Any age 10(e) up to 5i pay(k) .6% Supreme, circuit Idah6(d) 65 8 (i.r) 4% of current Supreme, district Dase salary Any age 20(e) (l.r) 4 % of current Supreme, district base salary minol8(d) 60 10(e) up to 85% pay(s) 7.5 %(t) Supreme, appellate, circuit 65(e) 8(u) up to $10.000(v) 5%(w) Supreme, appellate, circuit, superior, criminal 65 6(e) up to H of last 4%(af) Supreme, district(ag) salary(i,x) Any age 25(e) up to yi of last 4%(af) Supreme, district 8alary(i,x) • 65(e) 10 ^H % of pay for 6% Supreme, district each yr. of service(k,y) 70 3M%of pay for 6% Supreme, district each yr. of service(k,y) Kentucky(b) 65(e) 8 (z) 3 % Court of appeals, circuit Any age(e) 8 3% Court of appeals, circuit Loulslana(d) 75-80(e) No minimum none Supreme, appeals; district 70(e) 20 full none Supreme, appeals, district 65(e) 25(ac) full pay(i) none Supreme,, appeals 65(e) 20 % paym none Supreme, appeals, district Any age(e) 23 k pay(i none Supreme, appeals, district Malne(d) .65(e) 12 H payO) none Supreme, superior, district 70(e) 7 M pay(j) none Supreme, superior, district Maryland(d) 60(e) No minimum up to $13,600(ad) none Court of appeals, special appeals, 60(e,ae) No minimum up to 60 % of 6 % circuit. Courts of Baltimore City, annual salary (ad) and district courts Mas8achu8ett8(d). 70 10 none Supreme, superior 65 15 H pay none Supreme, superior Mlchigan(d) 70 10 yi pay 7 % Supreme, appeals, circuit, recorders 65 15 . Mpay 7 % Supreme, appeals, circuit, recorders 60 20 H pay 7 % Supreme, appeals, circuit, recorders Any age 30 M pay 7 % Supreme, appeals, circuit, recorders Mlnne80ta(d) 65 No minimum(e) up to 60% 5.85% Supreme, district final pay(am) 70 • No minimum(e) up to 60% 5.85% Supreme, district final pay(am) Mls8lBsippl(b) 60 10 (k) 1.65% Supreme, chancery, circuit Any age 30 (k,ai) 1.65% Supreme, chancery, circuit Ml8SOurl(d) 65 12 50% of salary 5 % of salary Supreme, appeals, circuit Montana(d) 65 5(e) (aj) 6% Supreme, district THE JUDICIARY 127 TABLE 5—Continued RETIREMENT AND PENSION PROVISIONS FOR JUDGES OF STATE APPELLATE COURTS AND TRIAL COURTS OF GENERAL JURISDICTION^"'

Years Amount Amount of State or Minimum minimum of judge's other jurisdiction age service annuity contribution Judges to whom applicable Nebraska (d), 65(ak) 10(e) 3H%of pay for 4-6%(as) Supreme, district each year of service (y) 65 (ak) No minimum 2.5% of 6% Supreme, district totaf "alary earned sin^'^start of contrrolition(y) Nevada(b) 60 20 % of base salary none Supreme, district 60 12 Ji of base salary none Supreme, district New Hainp8hlre(d) 60 10(e) up to H pay (ah) 9-12 %(al) Supreme, superior 65 10(e) up to % pay (ah) 9-12 %(al) Supreme, superior New JerBey(d) 70 10(e) % pay none Supreme, superior 65 lS(e) % pay none Supreme, superior 60 20(e) pay none Supreme, superior New Mexlco(d).... 64 S(e) 75 % of salary 8% Supreme, appeals, district of las3ft Syear . NewYork(d)...... 55 10 up to % pay(ah) varie8(an) Court of appeals, appellate, - supreme North Carollna(d). 65 5 4 % of pay for each Supreme, appeals year of service (1) 65 5 3.5%ofpayforeach Supreme, appeals, superior year of service(i) 65 5 3 % of pay for each District year of service (1) none North Dakota(d).. 70(ao) lO(ao) H pay(l,j,k,ao) Supreme, district 65(ao) 20(ao) J^ pay(i,j,k.ao) 5% Supreme, district Ohlo(d) 60 5 (ah) 8% Supreme, appeals, common pleas 55 2S(ap) (ah) 8% Supreme, appeals, common pleas Any age 35 (ah) 8% Supreme, appeals, common pleas Oklahoma(b). 70 8 up to % pay(aq) 4% of first Supreme, appeals, district 75 % of salary 65 10 up to M pay(aq) 4% of first Supreme, appeals, district . 75% of salary 60 20 up to % pay(aq) 4% of first Supreme, appeals, district 75% of salary Ore2on(d) 70(ak) 12(e) 45 % of pay(k,m) 7 %of salary for Supreme, appeals, circuit, district max. of 16 yrs. 65(ak,ar) 16(e) 45%of pay(k.ni) 7%of8alaryfor Sujpreme, appealsi circuit, district max. of 16 yrs. Pennsylvanla(d). Any age 10 varles(k,an) varie8(an) Supreme, superior, commonwealth, common pleas 60 No minimum varies(k,an) varies (an) Supreme, superior, commonwealth, common pleas Rhode Island(b)... 70 lS(k) Full pay(i) Supreme, superior, district 20(k) Full pay(l) Supreme, superior, district 65 10(k) Ji pay Supreme, superior, district 65 20(k) % pay Supreme, superior, district Any age No minimum % pay(i) Supreme, circuit South Carollna(d). 72 15(e) H pay(j) Supreme, circuit 70 20(e) H pay(jj Supreme, circuit 65 25(e) % pay(n Supreme, circuit Any age 15(e) H pay(k) Supreme, circuit South Dakota(b).. 65 20(e) H pay(k) Supreme, circuit Any age Less than up to % pay(j,at) Supreme, appeals, circuit, chan­ Tennessee (d) 65 24 (e cery, criminal, law-equity 54 8(e ) up to Ji pay0,at) Supreme, appeals, circuit, chan^ eery, criminal, law-equity Tezas(d) 65 10(e) 5% Supreme, appeals, district Any age 24(e) 5% Supreme, appeals, district Utah(d) 70(e) 6 6% Supreme, district 65(e) 10 6% Supreme, district Verniont(d) Any age(ak) 12 5% Supreme, superior yirglnla(d) 65(e) 10 up to 3 %(aw) Supreme, chancery, circuit, cor­ poration, law and equity, law and chancery, hustings 60(e) 25 H pay up to 3 %(aw) Chancery, circuit, corporation 128 THE BOOK OF THE STATES TABLE 5—Continued' * RETIREMENT AND PENSION PROVISIONS FOR JUDGES OF STATE APPELLATE COURTS AND TRIAL COURTS OF GENERAL JURISDICTION^"^'

Years Amount Amount of State or Minirrtum mtntmum of judge's other jurisdiction age service armuity contribution Judges to whom applicable Washlngton(d) 70 10 H pay(ax) 7.5% Supreme, appeals, superior Any age 18(e,ax) H pay (ax) 7.5% Supreme, appeals, superior Any age 12(e,ax) (ax, ay) 7.5% Supreme, appeals, superior West Vlrglnla(b).. 65 16(e) % pay Supreme, circuit 73 8 H pay Supreme, circuit 55(ak) No minimum (ah,ai,ak) (az) Supreme, circuit 65(ba) 18(bb) 50 % of salary (j) none Supreme, district Dlst. of Columbia. 50 10 3.5 <^ for each year 3.5% Appeals, superior of service (a) The judges' retirement system Is the same as for all public time of his disability retirement. employees In Hawaii (but with more benefits for judges), (f) 5 % of salary received per year of service. Mississippi, New Hampshire, New York, Ohio and Pennsyl­ (g) Judges receive 1 % per year for all years over 20 they vania (but different benefits for judges). It is a separate system serve on bench; therefore, given figure could exceed 50%. in all other States, except that in Vermont it is supplementary (h) Two thirds of salary after 20 years' service; if fewer years, to the state employee retirement system, and in Nevada most proportion that years of service bear to 20. judges join the latter, to which they contribute, for more (i) Retired judges, with their consent, may be assigned to any protection. Because the Alabama constitution prohibits pay­ court in Arkansas, California and Louisiana; to any other than ment of pensions, retired judges serve as supernumerary judges the Supreme Court in Rhode Island; to the court from which and are subject to call to assist judges in their State. they retired in North Dakota; to the District Court in Iowa; (b) No compulsory retirement age. they may be called as emergency judges in North Carolina. (c) Retirement pay does not begin until age 60, but an In North Dakota, they also are eligible to serve as referees in actuarially equivalent may commence at age SS or after 20 years civil cases or judicial proceedings; if requested, they may serve of service. as legal counsel in the office of the Attorney General, in any (d) Failure of judges to retire at 70 causes them to lose all executive department, commission or bureau of the State, or pension benefits in Alabama, Arkansas, Minnesota, and Mon­ for any committee of the Legislative Assembly. A retired judge tana (State's contribution); SO percent of benefits in Tennessee; in Idaho may be requested to serve as a district judge or on the judges lose all benefits in North Dakota by failure to retire at Supreme Court. In Rhode Island, retirement at full pay obli­ 73. If retiring after age 70, judges' and widows' benefits are gates judge to recall for part-time duty. reduced in California. In New Mexico.'a judge who does not (j) Pension is listed portion of salary being paid to sitting retire at age 70 forfeits widows' benefits. In Maine, retirement justices. Amount of pension changes with changes in salary, must occur before the 71st birthday. In Massachusetts, retire­ except that in Arkansas annuities limited to $11,500 for circuit ment must occur within 30 days after reaching 70 or after 10 judges and chancellors, $13,100 for associate judges, and $14,500 years' service, whichever is later. In Ohio, a judge may not be for Chief Justice. appointed or elected to a term beginning after his 70th birthday. (k) Options available for reduced annuities, with continuing Retirement is compulsory at age 70 in Alaska, Connecticut, or increased annuities for surviving spouse and benefits to other Florida (but a judge may complete term if he has served at named beneficiaries. Also, in Hawaii, annuity purchasable by least half of it when reaching age 70), Hawaii, Idaho, Illinois, accumulated contributions, up to 75% of final compensation. Kansas, Maryland, Michigan, Montana, Nebraska, New Hampshire, New Jersey, New -York, North Carolina (trial (I) In Colorado, under public employees' retirement system. court • judges), Pennsylvania, Utah (trial judges), Virginia (m) In Colorado, based on average salary during last 5 years (judges of courts of record), and Wisconsin, except that in of service; in Oregon, during 5 highest paid out of last 10 years Idaho, Kansas, Michigan, Montana and Nebraska a judge may of service. complete a term started before reaching 70. Also, in New York (n) In case of retirement after less than 10 years' service, be­ retired judges may be certified by an administrative board as tween ages 65 and 69, pension is dollar amount of full pension active retired justices of the Supreme Court for three successive multiplied by the number of years of actual service over the periods of 2 years, up to age 76. Retirement is compulsory at number 10 or the number of years of service which would have age 72 in Colorado, Iowa, North Caurolina (appellate judges). been completed had the judge served until age 70, whichever South (Carolina and Utah (Supreme Court), and at age 75 in number is less. Louisiana, Oregon, "Texas, Virginia (Supreme Court), and (o) For judges first appointed after May 20, 1967; for those Washington. In Missouri, retirement is compulsory at 70 for apijointed earlier, none. those judges under the Missouri Non-partisan Court Plan. A (p) If not reappointed at end of 12-year term, eligible for judge with less than 12 years of experience may retire at a pension upon reaching age 65. reduced retirement compensation in the proportion that his (q) Judges between ages 55 and 60 with minimum of 10 years' period of judicial service bears to 12 years. These respective service may retire and receive reduced benefits—the actuarial provisions do not apply to judges serving before they became equivalent of retirement at 60 with 10 years' service. effective in Arkansas, Florida. Idaho, Illinois, Iowa, Massa­ (r) 2yi% of current annual compensation of office from which chusetts, Pennsylvania, Tennessee and Texas. Retirement is judge retired multiplied by number of years of service as district optional at age 65 in Nebraska and Vermont, at age 60 (with and/or Supreme Court judge, not to exceed 25 years of service. IS years' service) or at any age involuntarily with 12 years' (s) Seven-twentieths after 10 years and 5% per year there­ service in Washington, and at 55 in Wisconsin. after with a maximum of 85 % based on average salary for the (e) Disabled judges in these States may retire on pensions at last 4 years of service; however, the annuity to a participant any age if they have completed the following number of years of whose retirement occurs prior to age 60 (except for disability) service: Alabama, Arizona, and New Mexico, 5; Iowa, Oregon, is reduced H of 1 % for each month his age is under 60 years. and Minnesota (district), 6; South Carolina, Texas and Virginia The annuity is increased by 2% per year if annuitant elects (when certified by Supreme Court, at K P^yl- ^I Idaho, 8; cost-of-living supplement. Florida, Hawaii, Illinois, New Hampshire, South Dakota, (t) Plus 2 H % if married, unless judge elects against coverage Tennessee, Washington (at M final average salary), and West for widow's pension within 30 days of becoming a judge or of Virginia, 10; Minnesota (Supreme) and Utah, 12. In Alaska, 2 getting married; plus 1% if judge elects to participate in cost- 'ears if forced to retire, 5 years in case of voluntary retirement; of-living increase in pension. ?n Georgia, disabled superior court judges may retire at 62 (u) If judge retires after service of 8 years or more but before after 10 years' service; in Louisiana, at full pay after 20 years: he has served 12 years, retirement benefit is 3< of sum he would if less, in proportion that years of service bear to 20, but % have received after 12 yesirs' service. minimum. Retirement pension allowed regardless of length of (v) After 12 years' service, pension is 50% of current salary service in Arkansas, California (at 65% of pay), Indiana, received from State, but not more than $10,000. Kentucky, Maine (with full retirement benefits), Maryland, (w) 5% of salary paid by State but not to exceed $500 an­ Nebraska (3 H % per year of service), New Jersey (% pay). A nually nor payable for more than 16 years. permanently disabled judge in New Hampshire, regardless of (x) 3% of average basic salary for last 3 years multiplied by length of service, is entitled to half of his annual salary up to years of service in one or more of the courts covered. age 70; if he has served 10 years, he then is eligible for pension. (y) Up to 65 % of salary including Social Security benefits—in In Kansas, any judge found permanently disabled may retire Kansas, of salary being drawn at date of retirement; in Ne­ and receive full benefits. In Montana, a permanently disabled braska, of average salary of last 4 years on bench. judge may retire, regardless of years of service, and receive a (z) 5 % of average compensation during last 5 years of service retirement allowance calculated on the actuarial equivalent multiplied by number of years of service, not to exceed-100% of of his own and the State's annuity standing to his credit at the final compensation. THE JUDICIARY 129 TABLE 5—Concluded RETIREMENT AND PENSION PROVISIONS (Footnotes)

(aa) Equal to annuity upon retirement at age 65 if judge of service bear to required years of service. elects to have payments commence at age 65; if eatlier, reduced (ap) On a computed basis. actuarially. (aq) 4>i % of salary at time of retirement multiplied by num­ (ab) Proportion of salary which years of service bear to 20. ber of years of service, up to 75% of salary at time of retirement. (ac) Service need not have been on court of record. This rate will be based on statutory salary rate of the position (ad) Under noncontributory plan, after 16 years of service, as authorized for the month of June 1971. 813,600 for judges of court of appeals; $12,800 for judges of (ar) Judges who cease to hold office before attaining age 65 court of special appeals; $12,000 for all other judges. Varying and who have served for an aggregate of from 12 to 16 years and supplemental payments provided by some counties. Recent contributed to the judges' retirement fund for 16 years may re­ legislation has placed restrictions on future supplementations ceive pension at 65. and a ceiling on current supplementations. State pension and (as) 6% for judges becoming members of system after any local supplementation may not exceed $20,000. December 25, 1969, and original members who elected to par­ (ae) Judges appointed after July 1, 1969, required to partici­ ticipate in new program. 4% for original members. pate in this contributory plan. (at) 3.75% of salary for each year of service, up to 75% of (af) A judge removed for cause, other than permanent dis­ salary, after 20 years of service. ability, forfeits retirement rights but receives return of his (au) Judges who retire after 10 years at age 60 receive bene­ contribution. fits equal to 40% of salary; age 61, 41.7%; age 62, 43.6%; age (ag) Full- and part-time district court judicial magistrates 63, 45.6%; age 64, 47.7%; age 65, 50%. are members of the Iowa public employees retirement system. (av) In addition to Social Security. Plus 3^% of salary for (ah) New Hampshire, New York, Ohio and Wisconsin— each year of service above 12, up to full pay after 30 or more based on length of service. In New York half-pay bracket under years ofvservice. state retirement system reached after a little more than 25 (aw) Depending on age upon taking office. Virginia, under years of service; judges who are under New York City retire­ 40, 2%; to 55, 2^%; over 55, 3%. ment system (some are under it and the state system) reach (ax) For additional years of service, 1/18 of full salary al­ half pay after 20 years of service and there is no limit of % pay, lowed per year, up to 75 % of salary at time of retirement. but retirement is not permitted until age 65. In Ohio, 90% of (ay) Proportion of half pay that years of service bear to 18, final average (of 5 highest years) salary after 45 years of service; beginning 18 years after induction date or upon reaching 70. if retiring after less than 40 years' service, 2% of final average (az) 5% of earnings subject to Social Security base and 7% salary times number of years of service. of earnings in excess of this base. (ai) Based on average salary for the highest 5 years preceding (ba) Office of each justice and judge becomes vacant when retirement; 3 years for Wisconsin. the incumbent reaches the age of 70. (aj) 3^% of salary up to 15 years of service, plus 1% of (bb) One of 4 standards must be met for judge to be eligible salary for each additional year of service. for retirement: (1) minimum of 18 years as judge, or (2) a total (ak) Also under Social Security. not less than 15 years if judge is 65 or more, or (3) a total not (al) Based on age when contributions began. less than 12 years if judge has reached age 70 or inore, or (4) not (am) 2.5% per year of service, average of high 5 years, up to less than 6 years and attained age 65, the total number years' maximum of 60% final pay. service being consecutive or otherwise as a judge of either or (an) In New York, no contribution to state retirement sys­ both Supreme or district court. tem; to New York City retirement system, depending on age. (be) Should service terminate as justice or judge and should In Pennsylvania, depending on age and other factors, including he accept other employment covered by the Florida Retirement length of service as judge, previous nonjudicial state employ­ System, he may transfer rights and contributions from judicial ment, average of salary of best 5 years, and retirement plan system to the Florida Retirement System—and he may pay for selected. and receive credit for service performed in any position covered (ao) For each year between 65 and 70, required years of by the existing systems, for which he has not already received service reduced by 2. If upon retirement required minimum credit. years not completed, annuity reduced in proportion that years 130 THE BOOK OF THE STATES

TABLE 6 'FINAL SELECTION OF JUDGES

Alabama. Appellate, circuit, and probalte judges elected on partisan ballot. Some county court judges are elected, some appointed—some by Governor, some by Legis­ lature and some by county commissions. Judges of recorder courts are appointed by the governing body of the city. Alaska Supreme Court Justices, superior and district court judges appointed by Gov­ ernor from nominations by Judicial Council. Approved or rejected at first general election held more than 3 years after appointment, on confirmation ballot. Reconfirmed every 10, 6, and 4 years, respectively. Magistrates of the district courts appointed by and serve at pleasure of presiding judges of the superior courts. Arizona Supreme, appeals and superior court judges elected on nonpartisan ballot (partisan primary); justices of the peace elected on partisan ballot; city and town magistrates selected as provided by charter or ordinance, usually ap­ pointed by mayor and council. Arkansas. AH elected on partisan ballot. California Supreme Court and courts of appeal judges appointed by Governor with ap­ proval of.Commission on Judicial Appointments. Run for reelection on record. All judges elected on nonpartisan ballot. Colorado. Judges of all courts, except municipal, appointed initially, by Governor from lists submitted by nonpartisan nominating commissions; run on record for retention. Municipal judges appointed by city councils or town boards. Connecticut All appointed by Legislature from nominations submitted by Governor, ex­ cept that probate judges are elected on partisan ballot. Delaware All appointed by Governor with consent of Senate. Florida Justices of the Supreme Court and judges of district courts of appeal, circuit courts, and county courts are elected on nonpartisan ballot. Georgia...... All elected on partisan ballot except that county and some city court judges are appointed by the Governor with consent of the Senate. Hawaii Supreme Court Justices and circuit court judges appointed by the Governor with consent of the Senate.' District magistrates appointed by Chief Justice of the State. Idaho Supreme Court and district court judges are elected on nonpartisan ballot. Magistrates appointed by District Magistrate's Commission with approval of majority of district judges in the district sitting en banc. Illinois ),..;. All elected on partisan ballot and run on record for retention. Associate judges are appointed by circuit judges and serve 4-year terms. Indiana Judges of appellate courts appointed by Governor from a list of 3 for each vacancy submitted by a 7-member Judicial Nomination Commission. All other judges are elected except municipal judges who are appointed by Governor. Iowa. Judges of supreme and district courts appointed initially by Governor from lists submitted by nonpartisan nominating commissions. Run on record for retention in office. District associate judges run on record for retention; if not retained or office becomes vacant replaced by a full-time judicial magistrate. Full-time judicial magistrates appointed by district judges in the judicial election district from nominees submitted by county judicial magistrate ap­ pointing commission. Part-time judicial magistrates appointed by county judicial magistrate appointing commissions. Kansas. Supreme Court Judges appointed by Governor from list submitted by nominat­ ing commission. Run on record for reelection. All other judges elected on partisan ballot. Kentucky. Judges of Court of Appeals and circuit court judges elected on nonpartisan ballot. All others elected on partisan ballot. Louisiana All elected on partisan ballot. Maine All appointed by Governor with consent of Executive Council except that pro­ bate judges are elected on partisan ballot. Maryland ,... Judges of Court of Appeals, Court of Special Appeals,. Circuit Courts and Supreme Bench of Baltimore City appointed.by Governor, elected on nonparti­ san ballot after at least one year's service. District court judges appointed by Governor subject to confirmation by Senate. Massachusetts. . . All appointed by Governor with consent of Executive Council. Michigan...... All elected on nonpartisan ballot, except municipal judges in accordance with local charters by local city councils. Minnesota...... All elected on nonpartisan ballot. Mississippi All elected on partisan ballot, ejkept that city police court justices are ap­ pointed by governing authority of each municipality. THE JUDICIARY 131 TABLE 6—Continued FINAL SELECTION OF JUDGES

Missouri Judges of Supreme Court, Court of Appeals, circuit and probate courts in St. Louis City and County, Jackson County, Platte County, Clay County and St. Louis Court of Criminal Con;ection appointed initially by Governor from nominations submitted by special commissions. Run on record for reelection. All other judges elected on partisan ballot. Montana. All elected on nonpartisan ballot. Vacancies on Supreme or District Courts filled by Governor according to established appointment procedure. Nebraska Judges of Supreme, district, separate juvenile and municipal courts appointed initially by Governor from lists submitted by nonpartisan nominating com­ missions. Run on record for retention in office in general election following initial term of 3 years. County judges elected on nonpartisan ballot. Nevada. All elected on nonpartisan ballot. New Hampshire.. All appointed by Governor with confirmation of Executive Council. New Jersey All appointed by Governor with consent of Senate except that magistrates of municipal courts serving one municipality only are appointed by governing bodies. New Mexico All elected on partisan ballot. New York All elected on partisan ballot except that Governor appoints Judges of Court of Claims and designates members of appellate division of Supreme Court, and Mayor of New York appoints judges of some local courts. North Carolina... All elected on partisan ballot. North Dakota.... All elected on nonpartisan ballot. Ohio All elected on nonpartisan ballot. Oklahoma Supreme Court Justices and Court of Criminal Appeals Judges appointed by Governor from lists of three submitted by Judicial Nominating Commission. If Governor fails to make appointment within 60 days after occurrence of vacancy, appointment is made by Chief Justice from the same list. Run for election on their records at first general election following completion of 12 months' service for unexpired term. Judges of Court of Appeals, district and associate district judges elected on nonpartisan ballot in adversary popular election. Special district judges appointed by district judges. Municipal judges appointed by governing body of municipality. Oregon All elected on nonpartisan ballot, except that most municipal judges are ap­ pointed by city councils (elected in three cities). Pennsylvania All originally elected on partisan ballot; thereafter, on nonpartisan retention ballot. Rhode Island Supreme Court Justices elected by Legislature. Superior, family and district court justices and justices of the peace appointed by Governor, with consent of Senate (except for justices of the peace); probate and municipal court judges appointed by city or town councils. South Carolina... Supreme Court and circuit court judges elected by Legislature. City judges, magistrates, and some county judges and family court judgeis appointed by Governor—the latter on recommendation of the legislative delegation in the area served by the court. Probate judges and some county judges elected on partisan ballot. South Dakota. . . All elected on nonpartisan ballot, except magistrates (law trained and others'), who are appointed by the presiding judge of the judicial circuit in which the county is located. Tennessee Judges of appellate courts appointed initially by Governor from nominations submitted by special commission. Run on record for reelection. All other judges elected on partisan ballot. Texas All elected on partisan ballot except municipal judges, most of whom are appointed by municipal governing body. Utah Supreme and district court judges appointed by Governor from lists of three nominees submitted by nominating commissions. If Governor fails to make ap­ pointment within 30 days, the Chief Justice appoints. Judges run for retention in office at next succeeding election; they may be opposed by others on non­ partisan judicial ballots. Juvenile court judges are initially appointed by the Governor from a list of not less than two nominated by the Juvenile Court Commission, and retained in office by gubernatorial appointment. Town justices are appointed by town trustees. City judges and justices of the peace are elected. 132 THE BOOK OF THE STATES TABLE 6—Concluded FINAL SELECTION OF JUDGES

Vermont Supreme Court Justices elected by Legislature. Superior court judges . (presiding judges of county courts) originally elected by Legislature from a list of three or more candidates selected by-the Judicial Selection Board. District court judges appointed by Governor with consent of Senate from list of persons designated as qualified by the Judicial Selection Board. Su­ preme, superior and district court judges retained in office by vote of Legisla­ ture. Assistant judges of county courts, probate judges and justices of the peace elected on partisan ballot in the territorial area of their jurisdiction. Virginia Supreme Court and all major trial court judges elected by Legislature. All judges of courts of limited jurisdiction elected by Legislature. All part-time judges of courts of limited jurisdiction appointed by circuit judges. Washington All elected on nonpartisan ballot except that municipal judges in second, third and fourth class cities are appointed by mayor. West Virginia.... Judges of all courts of record elected on partisan ballot. Wisconsin All elected on nonpartisan ballot. Wyoming Supreme Court Justices and district court judges appointed by Governor from a list of three submitted by nominating committee. Justices of the peace elected on nonpartisan ballot. D.C Appointed by President of the United States upon the advice and consent of the United States Senate. THE JUDICIARY 133 TABLE 7 SELECTED DATA ON COURT ADMINISTRATIVE OFFICES

State or Year of other jurisdiction Title establishment Citation Alabama .'. . Court Administrator 1971 Act 1593 of 1971 Alaska , .. . Administrative Director 1959 Alas. Const., Art. IV, Sec. 16 as amended Arizona Administrative Director of the Courts 1960 Ariz. Const., Art. VI, Sec. 7 >, Arkansas Executive Secretary, Judicial Department 1965 Act 496 of 1965 as amended California Administrative Director of the Courts 1960 Calif. Const., Art. VI, Sec. 6 Govt. Code, Sec. 68500-68500.5 Colorado State Court Administrator 1959 Colo. Const., Art. VI, Sec. 5 (3); C.R.S.. Sec. 37-10-1 et seq. Connecticut.... Chief Court Administrator 1965 Conn. Rev. Gen. Stat.. Sec. 51-2 Delaware Director, Administrative Office of the Courts 1971 58 Del. Laws, Ch. 70 Florida State Courts Administrator 1972 Fla. Const., Art. V, as amended Hawaii Administrative Director of Courts 1959 Act 259, Session Laws of Hawaii, 1959 Idaho Administrative Assistant of the Courts 1967 Session Laws of 1967, Ch. 39, p. 61 Illinois Administrative Director 1959 111. Const.. Art. VI, Sec. 16 (1970) Indiana Court Administrator-Commissioner 1968 Supreme Court Internal Rule 12 Iowa Court Administrator 1971 1973 Code of la., Ch. 685 Kansas Judicial Administrator 1965 K.S.A. 20-318 et seq. Kentucky Administrative Director of the Courts 1954 Ky. Rev. Stat. 22.110 & 120 (1960) Louisiana Judicial Administrator 1954 La. Const, of 1921, Art. VII, Sec. 12.1 Maine Administrative Assistant to Chief Justice 1970 Ch. 467, Laws of 1969 Maryland Director, Administrative Office of the Courts 1955 Md. Code. Sec. 13-101 Massachusetts. . Executive Secretary, Supreme Judicial Court 1956 Gen. Laws, Ch. 2U, Sec. 3A to 3F inserted by • for the Commonwealth Acts of 1956, Ch. 707 & amended by Acts of 1960. Ch. 424; of 1963, Ch. 755; of 1967. Ch. 650; of 1970, Ch. 567 Michigan...... Court Administrator 1952 Mich. Const., Art. VI, Sec. 3 Minnesota Court Administrator 1963 Ch. 758, Laws of 1963 Missouri State Court Administrator 1970 Mo. Const.; Art. V, Sec. 4, CI. 2. as amended Nebraska...... State Court Administrator 1972 Neb. Const., Art. V, Sec. 1 NeTada(b) Court Administrator 1971 Nev. Rev. Stat. 1.320-.370 New Jersey Administrative Director of the Courts 1948 Art. VI, Sec. VII, Par. 1, Const, of 1947; N.J. Statutes 2A: 12-1 New Mexico Director, Administrative Office of the Courts 1959 Sec. 16-6-1 et seq. N.M. Stat., 1953 Compila- . tion New York State Administrator and Secretary, Judicial 1955 Ch. 684. Laws of 1962 Conference of N.Y. and Administrative Board North Carolina.. Director, Administrative Office of the Courts 1965(a) Ch. 310, 1965 Session Laws North Dakota... State Court Administrator, Judicial Council 1971 Sec. 27-02-05.1, N.D. Century Code Ohio Administrative Director of the Courts 1955 Rev. Code. Sees. 2503.05. 281. 282. Art. IV. Sec. 5, Ohio Const. , Oklahoma Administrative Director of the (Courts 1967 Art. VII, Sec. 6, Const, of Okla.; Enrolled H.B. 1208 (May 10, 1968) Oregon State Court Administrator 1971 (a) Ore. Laws 1971. Ch. 193. Sees. 1-4 Pennsylvania. .. State Court Administrator 1968 Const, of Pa.. Art. V, Sec. 10(b) Rhode Island. . . Court Administrator 1969 R.I. Pub. Laws 1969, c.239 Administrative Clerk, Judicial Department 1952 R.I. Pub. Laws 1952. c.3030 South Carolina.. Court Administrator 1973 S.C. Const.. Art. V South Dakota... Court Administrator 1974 1969. Ch. 239 Tennessee Executive Secretary of the Supreme Court 1964 Pub. Acts 1963. Ch. 86, Sees. 16-325 et seq. T.C.A. Utah State Court Administrator 1973 78-3-18 et seq. UCA 1953 Vermont Court Administrator and Clerk of Supreme 1967 1967, No. 174, Sec. 2 (4 V.S.A. 8 8E 21) Court Virginia Executive Secretary, Supreme Court 1952 Va. Code Ann.. Sees. 17-111.1, 17-111.2 (sup. 1950) Washington Administrator for the Courts 1957 Rev. Code of Wash. 2.56.010 West Virginia... Director, Administrative Office of the Supreme 1945 W.Va. Code 51-1-15 et seq. Court of Appeals Wisconsin Administrator of Courts 1962 Wis. Stats.. Sec. 257.19 D.C Executive Officer of D.C. Courts 1971 D.C. Code 1703; 84. Stat. 510. P.L. 91-358 (July 29. 1970) U.S. Courts .... Director, Administrative Office of the United 1939 28 U.S.C. 601-10 States Courts (a) Previous position of Administrative Assistant to tlie Chief Justice was created In 1951 in North Carolina and in 1953 in (b) Discontinued o£fice of state court administrator in 1973. Oregon. 134 THE BOOK OF THE STATES TABLE 8 SELECTED DATA ON COURT ADMINISTRATIVE OFFICES

Appropriation for Administrator administrative office State or Number other jurisdiction Appointed by* Term of office Salary on staff Amount(a.) Period Alabama «19.713 3 $ 75,000 10/1/73-9/30/74 Alaska CJ(b) 33,000 17 600,000(c) 7/1/73-6/30/74 Arizona SC 23.959 5 95.000 7/1/73-6/30/74 Arkansas CJ(d) 21,500 10 241.437 7/1/73-6/30/75 California JC 41.526 40 689,000(e) 7/1/73-6/30/74 Colorado SC AU 30,600 49 1.212,506(f) 7/1/73-6/30/74 Connecticut 38,000 40 508,800 7/1/73-6/30/74 Delaware 25,000 11 733,291 7/1/73-6/30/74 Florida ?i 30.000 14 600,000 7/1/74-6/30/75 SC 22.670 11 646,113 7/1/72-6/30/73 Hawaii CJ(b) Idaho SC 22.000 8 100,000(c) 7/1/73-6/30/74 lUlnois SC 40,000 26 547,378 7/1/73-6/30/74 Indiana SC 24,000 8 (h) (h) Iowa SC 16,000 9 95,250 7/1/73-6/30/74 Kansas SC at 23,500 4 (h) (h) Kentucky SC 23,500 6 (h) (h) Louisiana SC 27,500 S(i,i) 100,000 7/1/73-6/30/74 Maine >CJ 19,500(k) 5(1) 68.500 1/1/73-1/ 1/75 Maryland CJ pleasure 35,500 14 195,770 7/1/73-6/30/74 Massachusetts... SC 28,805 3 153,886 7/1/73-6/30/74 Michigan SC 37,000 16 439,000(c) 7/1/73-6/30/74 Minnesota SC 25.000-32,000 6 120,000 7/1/73-6/30/75 Missouri SC of 21,000 12 162.660 7/1/73-6/30/74 Nebraska CJ 25,000 5H 75.620 7/1/73-6/30/74 Nevada (s) SC 22,500 33.000 7/1/71-7/ 1/72 2 New Jersey 31.852-41,410 89 1.028,340(0) 7/1/73-6/30/74 New Mexico appointing 21,300 18 (h) (h) New York 53,866 201 2,558,286 4/1/73-3/31/74 North Carolina... , 32,500 49 835,851 7/1/73-6/30/74 North Dakota SC V" 20.000(m) 2 76.950 7/1/73-6/30/75 Ohio . SC authority (n) 8 Oklahoma 22.360 30) ss S! Oregon ^sc 29,000 6 7/1/73-6/30/74 252.500 7/1/73-6/30/74 Pennsylvania.... CI 35,000 22 600.000 16,146-18,408(0) 7/1/72-6/30/73 Rhode Island.... SC 7 ISO.OOO(c) CJ South Carolina. . CJ 27.000 3 72.690 7/1/73-6/30/74 South Dakota SC 20,000 3 (h) (h) Tennessee SC 27.500 6 411.600(r) 7/1/74-6/30/75 Utah SC 22,000 4 134.000 7/1/73-6/30/74 Vermont SC 25.000 5 84.798 7/1/73-6/30/74 Virginia SC 27.150 15 250,000 7/1/73-6/30/74 Washington SC(p) • 20.000 10 1,425,601 7/1/73-6/30/75 West Virginia (t). Wisconsin SC 31.440 ' 10 112,300 7/1/73-7/ 1/74 D.C 36.000 68 1,551,355 7/1/73-6/30/74 U.S. Courts 40.000 277 3.906,000 7/1/73-6/30/74 •SC—The State's court of last resort; CJ—the Chief Justice (h) Not' segregated from general appropriation of court of or Chief Judgb of the State's court of last resort; JC—Judicial last resort. New Mexico: $617 million for State's entire judi­ Council. ciary. (a) Appropriations for the-various offices are not necessarily (i) In Louisiana, also executive officer of judiciary commis­ comparable because of variations in the time periods covered sion. In Maine, also clerk of law court and reporter of decisions. and the purposes of the appropriations. In some States amounts (j) Louisiana: in addition, deputy judicial administrator and shown include appropriations for travel and expenses of trial secretary. Oklahoma: in addition, research assistant under court judges. federal grant. (b) With approval of Supreme Court. (k) Combined salary as judicial administrator and clerk of (c) Estimate, since budget not segregated from court budget. Supreme Court. Alaska: additional $50,000 for library staff and services and (1) Appointed by chairman of the a:dministrative board, who $185,000 for new materials. Idaho: includes $4,850 initial is chief judge, by and with advice and consent of administrative appropriation for office equipment and supplies. Michigan: board. appropriation for salaries. New Jersey: approximate amount for (m) Serves as secretary to Judicial Council. salaries, including 12 positions with assignment judges, with (n) Discretion of the court. duties not directly related to administrative office. (o) Longevity payments at 7,15, and 20 years of state service. (d) With approval of Judicial Council. (p) Apix>inted from list of 5 submitted by Governor. (e) Total appropriation for Judicial Council, including ad­ (q) Joint Committee. ministrative office of the courts, but not including salaries of (r) Includes salaries of 21 law clerks for members of Supreme assigned judges. Court. (f) Includes $610,932 in federal funds, major portion of which (s) Discontinued office of state court administrator in 1973. Is for data processing and computer rental. (t) Secretary of Judicial Coucil serves as ex officio Director (g) Appointed by General Assembly ui>on nomination by the of Administrative Office of the Supreme Court of Appeals. No Governor. staff or appropriation for the administrative office as such.