Section III THEJUDIGIARY
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iii^ The Judiciary
STATE JUDICIAL SYSTEMS
BY WILLIAM L. FREDERICK*
FFORTS TO reorganize and modernize preme Court, the court of appeals and the judicial systerhs of the States con district and county courts. In addition, a E tinued during the past two years. As hew municipal court act establishes quali usual, there were some notable successes fications for municipal judges, provides and some major defeats for the judges, bar for their compensation and sets guide associations, legislators and citizens who lines for their removal. led the fight for court reform in their Sweeping reorganization also took jStates. Unification, and simplification of place in Idaho as the Legislature during court systerris remained a major goal of 1969 enacted statutes implementing re those proposing changes as did the estabr cent constitutional changes.^ All lower lishment of administrative offices of the courts were abolished aitd in their place a courts. Several more States created ..inter magistrates division of tlje district court mediate appellate courts to help handle was established so that there is now a the growing amount of litigation. single trial court which is part of an inte- Proposals to establish special agencies ., grated, and unified judicial system under to deal with complaints about judges and the administrative supervision of the Su to discipline and remove them from of preme Court. Salaries of magistrates will fice, when necessary, continued to receive be paid by the State, The number of support. Likewise, proponents of the minor court judges was drastically re merit system for selecting judges'sought' duced. In addition, the judicial council, its enactment by additional States. The formed in 1967, was used as a nomihating - continuing,necessity for raising judicial commission to submit slates to the Gover salaries also remained an important issue. nor for appointment of judges. Also, the Finally, there was new interest in matters electorate has approved a constitutional of judicial ethics. amendment providing for the retirement, The following pages summarize major discipline and removal of Supreme Court developments in the States in 1968-1969 justices and district court judges for pertaining to judicial organization and cause. structure, selection and tenure of judges, Oklahoma also put into effect major compensation and other matters. changes in its court system. An intermedi ate court of appeals was created. Justice STRUCTURE AND ORGANIZATION of the peace courts and county courts have The most extensive reor'ganization of a been eliminated and the district court has state court system during the past bien- complete trial jurisdiction. nium occurred in Colorado. Legislation Other States in which there was a major adopted in 1969 provided for the creation reorganization of the courts-included of a n^w intermediate court of appeals Ohio, Pennsylvania and Rhode Island. A and complete state funding of the judicial constitutional amendment adopted in system. The State now has full financial Ohio makes the probate courts a division responsibility for the operation of the Su- of the court of common pleas. The super visory authority of the Supreme Court *Mr. Frederick is Eastern Regional Director of the Council of State Governments and Secretary over all courts in the State was clarified. of the Conference of Chief Justices. •'^ In Pehnsylvania a constitutional amend = 117 s' 118 THE BOOK OF THE STATES ment adopted in 1968 provides for a uni- Supreme Court from seven to nine jus- form judicial system with general admin- tices, and Arizona increased its court of istrative authority vested in the Supreme appeals from six to nine judges. The num- Gourt. Significant changes were made in berof judges of the courts of appeal in the magistrate courts and a Judicial In- California was raised from thirty-nine to quiry and Review Board was organized to forty-eight and North Carolina increased develop procedures for the investigation from six to nine the number of judges on of complaints and the possible discipline its court of appeals. There now are thirty- and removal or compulsory retirement of eight rather than thirty-four judges serv- judges. Rhode Island consolidated its dis- ing on the Ohio courts of appeals and Jtrict courts into a single statewide system twenty-four rather than twenty on the and provided for a unified Supreme, su- Louisiana courts of appeals. The number perior, family and district court system of justices on the Tennessee court of crim- linder the supervision of the chief jus- inal appeal^Vvvas raised from three to tice. The Nevada Legislature gave initial seven. As tlre^y noted, several States approval to a constitutionaLamendment created new intermediate appellate which would create a unified court sys- courts. Approximately one half,of the tem, provide for the merit selection of . States added to the number 2^ jiidges on judges and establish a commission on their major trial courts with the total in judicial discipline. Approval by a second crease in judicial manpower at this level session of the Legislature and the voters being more than 200. is required to. put the amendment into „ •' r^ ' effect SELECTION AND TENURE Maine, P^hisylvania and Rhode Island At least four States took, action to established new administrative offices of change the method, of selecting judges, the courts. There now are thirty-seven As mentioned, Idaho is using its judicial States, which have such oJG&ces. council as a nominating commission. lur New intermediate courts of appeals diana voters in 1970 will pass on a consti-: were established in Colorado, Oklahoma, tutional Amendment which would estab- Oregon and Washington. Alabama di- lish a nonpartisan judicial appointment vided its existing intermediate court of system, and also enlarge the State Su- appeals into two courts, one to hear civil preme.Court. Maryland voters; in 1970 appeals and one to hear criminal appeals. Will decide whether to approve a new There are now twenty-three States which statute to provide for appointment by the have intermediaite appellate courts. Governor rather than the present system Significant steps in minor court reor- of appointment followed by the election ganization were taken in Maryland, of appellate court justices and judges of Michigan and South Dakota. In Mary- trial courts of general jurisdiction; their land, if the voters approve at a referen- terms would be fifteen years. Michigan dum in 1970, there will be a statewide sys- voters in 1968 approved a constitutional tem of district courts to replace the pres- amendment permitting the Governor to ent part-time trial magistrate and peo- fill vacancies on the courts, pie's courts. Judges of the new courts will The trend toward establishing agencies be appointed by the Governor for ten- with the authority to discipline judges year terms. Legislation in Michigan like- and recommend their removal or retire- wise established a district court system to ment continued with at least seven States replace justices of the peace and mostmu- taking some action in this regard: Alaska,. nicipal courts. In South Dakota, county Delaware, Idaho, Louisiana, Michigan, and municipal courts have been consoli- Oregon and Utah. Delaware established dated in most areas of the State with a a court, on the judiciary similar to bodies considerable reduction in the number of previously created in Illinois and Okla- judges required. homa while the other six States followed Additional judicial manpower was pro- the pattern pioneered by California in vided in a few States at the appellate establishing judicial qualifications com- level. Alabama increased the size of its missions. A constitutional amelidmeht to THE JUDICIARY 119 create stich a commission received initial courts and trial courts of general jurisdic passage by the.Legislature in Virginia in tion appear in Table 5, 1969, but to become effective it must pass the next session of the Legislature and OTHER DEVELOPMENTS then be approved by the voters. Early in 1968 Wisconsin put into effect Oregon amended its constitution to a new judicial code of ethics. Also that make 'clear the grounds on which the Su- year the Hawaii Suprieme Court adopted preme Court may act to remove judges, a code of ethics for lawyers and judges. The Massachusetts Supreme Judicial The American Bar Association in 1969 Court adopted a rule to prdvide for a pro- announced appointnient of a special com- cedure for handling complaints against mittee under the chairmanship of Chief judges and for seeking their removal in Justice Traynor of California to develop accordance with existing constitutional a code of ethics for judges. provisions. ^ The establishment of public defender The terms of appellate and trial court systenis continued to receive attention judges in Hawaii were increased from during the biennium. Two more States, seven to ten years, while those of the jus- Alaska and Colorado, provided for state- tices of th,e Pennsylvania Supreme Court wide jpublic defender systems in 1969. Svere reducpd from twenty-one to ten The Conference of Chief Justices con years. , tinued to discuss developments in the 1 •• • • ••. criminal law field at its annual meetings COMPENSATION during the past two years. Other topics At least thirty-one States during the discussed at the annual meetings in'tliided biennium acted to increase the salaries of court management for. appellate courts, justicesi of their Supreme-Courts; thirteen recent developments in the field of torts, topk:similar action with regard to justices constitutional rights of university stu of intermediate appellate courts and at dents, the National Defender Project, and least thirty-two raised the salaries of violence and the right to dissent. ' judges of trial courts of general jurisdic The National Conference of Court Ad tion. With the new salary scales, the sal ministrative Officers has given.increasing ary of state suprertie court justices ranges attention to specific problems with which from $19,000 to $42,000 per year. Two court administrators must deal in their States pay their Supreme CoUrt justices States. Topics discussed by the confer vless than $20,000 per year; nineteen States ence at its meetings included data process pay salaries from $20,000 to $24,500;. ing and records management, judicial, and twenty-nine States provide salaries of fiscal and * personnel administration. at least $25,000, incluaing eleven States problems of court redistricting, the ad- which pay salaries of $30,000 or more ministration of criminal justice and its per year. During thebiennium both Ohio effect on backlog, the independence of the and Washington amiended their consti- judicial branch with regard to personnel tutions to permit salary increases to be- and finance matters, and increasing fed- come effective during terms of justices, eral-state cooperation in judicial adminis- Detaii^ on salaries for judges of appellate tration. . f. • 120 THE BOOK OF THE STATES TABLE 1 STATE COURTS OF LAST RESORT
Justices chosen Name Chief Justice** Slate or of At By other jurisdiction Court* large district Method of Selection^ Tefm^
Alabama. S.C. •tr ... Popular election 6 yrs. Alaska...... S.C. •i-(a) .. Nominated by Judicial Council;-.- -Remainder of terrh as Justice appointed by Governor Arizona...... S.C. •k •. Selected by Court Unspecified—usually one year Arkainsas. . S.C. ir •. Popular election 8 yrs. ti California S.C. •^•(a) .. • First appointed by Governor, then- Remainder of teriK of Chief by popular election Justice Colorado.. '• SX. •^•(a) ... Appointed .by Court Unspecified Tkr(b). .. Nominated by Gov.,apptd. by.Gen. "8 yrs. Connecticut...... S.C. Assembly •Ar(c) ... Appointed by Governor, confirmed 12 yrs. Delaware. S.C. by Senate • ic .. Appointed by Court 2 yrs. Florida...... :,.... S.C. •k .. Appointed by-Court Remainder of term as Justice Gedrftia S;C. Ha:waii V S.C. TATCC) .. ' Appointed-by Governor with 10 yrs. consent of Senate. Idahb.I..:..... S.C. •k •• Justice with-shortest time to serve Remainder of term as Justice Illirirpls. S.C. .. , . ir Elected by Court 3 yrs. Indiana..... S.C. •k •• ' Appointed by Court-rotation . 1 year Iowa]...... ;...... ; S.C. • (a) .. Selected by Court Remainder of term as Justice Kansas.. > S.C. irXa) .. - ' : Seniority of ser\'ice Remainder of term as Justice Kentucky...... C.A. ic \ Seniority, of service-rotation IS.mos. Louisiana. S.C. -k Seniority of service Remainder of term as Justice Maine ..; S.J.C. •k(c) •'.'. . Appointed by Governor with- 7 yrs. con.
•Explanation of symbols: (b) Justices are nominated by Governor, appointed by Gen S. C. Supreme Court. eral Assembly. C.A. Court of Appeals. (c) Justices are appointed by Governor, with consent of Sen S. J. C. Supreme Judicial Court. ate; in Maine, Massachuoetts, New Hampshire with consent of S. C. A. Supreme Court of Appeals. Council. '• . tMethod of selection and term aa Chief Justice rather than (d) Chief Justice is chosen at large, term as Justice on the Court. (c) Justices are elected by Legislature. .•*Title is Chief Justice, except Chief Judge in Maryland and (f) Justices are chosen at large (each voter may vote for five) New York; President in West Virginia; and Presiding Judge in but not more than two may reside in any one of the three South Dakota. geographical regions of the State. (a) Justices originally appointed by Governor, elected sub sequently. For details, see Table 4. THE JUDICIARY : 121 .TABLE 2 NUMBER OF JUDGES
Appellate courts Major trial courts r-. ' -^ - . Inter- Court mediate Other •Stale or , of last appellate Chancery Circuit District Superior trial other jurisdiction resort court court court' court coUrt . courts
Alabama .: 9 3(a) 80 Alaska ; , 5. ... 11 Arizona S 9 50 Arkansas... .>r^ 7 ... 23 24 California ...... 7 48 416 Colorado. ...'. 7 6 72 Connecticut ...L. 6 ... 35 Delaware .' 3 . ... 9 Florida 7 20 126 ... Georgia 7 9 52 ••• • Hawaii...... ; 5 ... 17 • •> • Idaho.. '.(';. ; , S 24 ... • • • ••• Illinois ...... 7 24 610(b) Indiana 5 8 84 48 3(c) Iowa .• .-.....; 9 .... . '76 Kansas .....;. .7. ... - 60 ... • • •. • '-V Kentucky ...... ;..-. 7 ... 73 Louisiana 7 24 •: • 107 Maine 6 "ii . • ••"••• • Maryland ...... '...: 7 5 57 • • • 21(d) Massachusetts 7 ... 46 Michigan 7 12 116 .,...• : 13(e) Minnesota..; 7 ... '76 Misslsalppi 9; ... 25 24 .. .„..,...;-.- ... ," .... Missouri...... 7 9 103 . Montana ...... ;...;.. S ... • 28 Nebraska ..;...... ,. 7 ... • 38 Nevada ._ .... 5 18
• •-^••" - New Hampshire ' 5 ' •; r; 10 New Jersey .'...... 7 12 ... 66 88(f) New Mexico... .^ 5 4 24 New York ;. 7 28 ••• 22i(g) North CaT-olina.. ..,.-.. . 7 49 North Dakota. S •... 19 Ohio.. 7 38 289(h) Oklahoma.. ,. 9(a) 6 138 Oregon, 7 5 59 • 234(b) Pennsylvania 7 7 • •• Puerto Rico 9 '55 Rhode Island. .' :...... S 13 South Carolina. 5 ...... 16 • • . South Dakota 5 . . : 21 - Tennessee...... : S. 9(a) - 23 . 44 • . . . 20(c) 5(1) Texaa^ 9(a) 42 * ' ' • .' • 211 Utah:.. ...'.. S 22 Vermont 5 6(f) Virginia ;..... 7 ... 63 240) Washington.. '. 9 12 88 West Virginia ..v... 5 32 Wisconsin 7 . 51 123(f) Wyoming 4 11
(a) Also, three at Court of Criminal Appeals in Alabama and (e) Recorder's Court of Detroit. Oklahoma, scve.n in Tennessee, and five in Texas. (f^' County courts. (b) IncludInK approximately 250 maEistrates. (g) Supreme Court. (c) Criminal courts. (h) Courts of common pleas. (d) Courts of Baltimore City. (i) Law-equity courts. (j) Corpora,liun and hustinss coutti. 122 THE B^OOK OF THE STATES
TABLE 3 _ TERMS OF JUDGES (In years) ..
Appellate courts Major trial courts Courts of limited jurisdiction f . 1 • Justice, * • .... Inter mediate magis- : Court appel- Chan Cir- Dis- $u- Other Pro- Mu-. tral'eor • State or of last late . cery cuit trict. perior trial. bale Coutlty ' nicipal police Other • • other jurisdiction resort court court court court court courts court ' court' court court • courts
6 6 6 ...... " 6 6 ... 4 „ 10 ...... 6 ...... (a) • 6 6 .... ., ••.•.•-• 4- •...-•..'.-•• 4(c) 8 "6 •. 4 •. . ;.. •... • .... •..•;.. "2 .2-4- \ 2 ' 2(d) 12 12 ...... 6 ...... 6 6 ' Colorado.. 10 8 ... 6 ... 6 "4 (e) ;.i- : • 6(f.g) • Ck)nnccticut... 8 ...... 8 . ... 4 4(d.f.h) 12. ... 12 ...... 12 ...... 12 '4' "12(d.i)
6 6 .6 ...... •'..'.. 4 2-4 4 4(f.i,k) Georgia...... 6 6 ...... 4-8 ... 4 4 4(k) 1-4(1) •-"• :• Hawaii 10 4(b) 6": ... •...-. 4 •.•• ..... ,-.•.. •.... • 1" •
IHlnola... 10 10 '' • ' 6 ...... 6(m) 6 4 6 .:. 4 4{n) 4 "4 '4' 8 ... 6 ... 4 (a) 2(c) 6 .2 •2 •* 2 ?• • . ..: 4 ...... 2 Kentucky 8 ... 6 ...... 4 • 4 .• U 12 ... 6(0) ... .r. ... 4HS(p) -4 6^8(0 Malice 7 ...... 7 .... 4 • 7(b) Maryland 15 IS 15 ...... 15(q) 4 . 4-id(r;) "l . Massachusetts. Life ...... Life ... Life Life Life(b.f,6) 8 6 6 ...... 6(t) . 6 6 4 6(d) 6 ... 6 .;. ... 6 4 2 Mississippi 8 ... "4 4 ...... "4 4 .' 4 • 12 12 6 ...... 4 .2-4 4 . 6(d)4(u) 6 ...... 4 ... ..; ' 2 2 6 ... .. 6 ..; 4 ... ;...... 4.2
-New Hampshire To ...... ;: To . ... To. ... To To age 70 age.70 age 70 age.70 age 7d(b) : 7 witir"7 with ...... 7 with 5(w) , 3 ..; S(f.x) . reap- reap ' reap point- point- point ment ment ment '! . • for life for life for life • New Mexico 8 8 6 ...... 2 ... 2^) 4 • 2(k)- 14 5(y) ...... 14(z) 10(aa)10 (ab)' 4 10(i)6(b) 9(m)
North Carolina. 5 8 •' ..-. . • ..:. "8 .\. • '•.;... 4(b) gx: North Dakota... 10 ... 6 ...... "4 '4' 6 4 Ohio .;.. 6 .6 ••• ...... 6(d) ... 4 . <5(f) 6 <5 4(ac) ...• 2(e) ...
Tt Orefton. 6 6 6 ...... 6 (a)- .6, 6(b) . Pennsylvania... 10 •'• 10 6(ad) 6' 6(ad) ••••...... 10(d) ... Puerto Rico To ...... 12 ...... 4 .....: -.> 8(b) ' age 70 ~^hbde Island... Life ...... Life ... 1(e) ... 2 (i) 10(b) South Carolina. 10 ... 4 4 • ' 4 (ae) South Dakota.. 6 ... 4 ...... 4 4 • 2(af) • 8 8 . 8 ,8 ...... 8(n) ..; (ag) • (ah) ...
6 6 K.. 4 ... ..; 4 • 4 4 4(f.n) ... Utah ...... 10 .^.. 6 ...... V. 6 4 6(f) 2 6(w) 2 2 4(b) \ -- Virginia...... 12 ' 8 8 ...... 8(aj) ... "i . 4 4-6(0 Washington../. 6 6 ' • * •.-.. . 4 4 4 West Virginia.; 12 8 ...... 6 (ak)' (ak) 6-8(al) 10 ... 6 ...... 6(w) ... 2 ... ,8 ...... 6 ...... (am) 4 t!' ,.___, ,1^,---«C-V'— THE JUDICIARY 123 Table 3—Continued TERMS OF JUDGES . (Footnotes)
(a) Magistrates in Alaska, police court judges in lowai and •. (v) Justices of the peace, 2 years; police magistrates' terms most municipal judges in Oregon at pleasure of appointing . correspond with terms of other elected ci.ty officials. -authorit}'. (w) County courts. In Vermont, 6 years for superior judges; (b) • District courts. • 2 years for assistant judges. In New Jersey, judges have tenure (c) For justices of the peace. Terms of city and town magis on their third reap[K>ihtihent and after 10 years. trates provided by charter or ordinance. • (x) County district courts. (d) Courts of'cbmmon pleas. In Arkansas, presided over by (y), Justices are designated for five-year terms while retaining, county judges; in Missouri, by circuit judges; • status as elected Supreme Court Justices. , (e) Dependent on municipal charters and ordinances; in New (z) Supreme Court, toage 70; judges may be certified there 'Mexico and Oklahoma usually 2 years (or, in Oklahoma, at after for two-year terms, up to age 76. ' , pleasure of appointing authority); in Rhode Island usually 1 (aa) In New York City. 14. . . . year. ; (ab) In J^ew York City, 10; outside New York City, deter (f) Juvenile courts; in New Jersey and Virginia, juvenile and mined by each city. domestic relations courts^ in Texas, also domestic relations (ac) Special district judges serve at pleasure of district courts. judges by whom they are appointed. . (g) Superior Courts. ' (ad) Municipal court and traffic court of Philadelphia. (h) Circuit Court. (ae) Terms not uniform; fixed by General Assembly. (i) Family courts. In Rhode Island, .judges serve- during . (af) Township justices and police magistrates, 2 years; county "good behavior." justices, appointed by circuit judges, at pleasure of court. (j) Courts of record. - . (ag) Six years for county chairmen; terms of county fudges (k) Small claims courts. fixed by private acts. l) Civil and criminal courts, . (ah) Varies according to legislative act creating the court. m) Courts of claims^ ''•, (ai). Courts of generarsessions, domestic relations and juve nile courts; if juvenile judge is designated by county court rather than elected, 6 years. (aj) Qorporatioil: hustings, law and equity courts, law and in) Criminal courta^in Tennessee also law-equity courts.' chancery courts. . • -.^^ • • o) Judges in New Orleans serve 12 ycaVs. (ak) Municipal and police courts^yariable.. pi Judges in Baton Rouge serve 4 yflars. (al)._:Common . picas, domestic relaUons, criminal, inter (q) Supreme Bench of Baltimore. • •,. mediate and juvenile courts. ^~^-v^ (r) Xlso People's Courts, (am) Police justice's term the same as tli^ltxpf other appoin-. (s) Land Court of Massachusetts, tive officers of the municipality.- (t)! Recorder's Court of Detroit, (u) St. Louis Court of Criminal Correction. .
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'Q) 124 THE B O O K OF THE ST A TES
TABLE 4 FINAL SELECTION OF JUDGES
Alabama, i All elected on partisan ballot except that some juvenile court judges.are ap- - pointed. Of these appointments, some are by Governor, some by Legislature and some by county commissions.' 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 nonpartisan ballot. Reelected on nonpartisan ballot—Supreme, Court Justices every. 10 years, superior court judges every 6 years and district court judges every 4 years. Magistrates of the district courts appointed by and serve at pleasure • . of Presiding Judges of the Superior Courts. . Arizona...... !.. Supreme, appeals ahd superior court judges elected on nonpartisan ballot (partisan primary); justices of the peace elected on partisan ballot; city and town magistraltes selected as provided by charter or ordinance, usually ap- / ~ • pointed by mayor and council. ' Arkansas...... AH elected on partisan ballot. - ' , Cklifornia...... Supreme Colirt and courts of appeal judges appointed by-Governor with ap- i •' proval of Commission on Judicial Appointments. Run for reelection on record. f . '-. All judges elected on nonpartisan ballot. (Colorado...... Judges of all courts, except municipal, appointed initially by Governor from .1 ' lists submitted by nonpartisan nominating commissions; run on record for I -. 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. .i • Delaware All appointed by Governor with consent oiF Senate. Florida...... ". All elected on partisan 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, v . • , •• . \ Idaho...... Supreme Court and district court judges are elected on non]partisan 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; run on record for reelection. Magistrates, ap- "/ pointed by circuit judges, serve at pleasure of.judges. / Indiana...... v.. All elected on partisan ballot e.xcept that judges o[ municipal and magistrates' ''. " courts 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. Municipal court judges elected, on nonpartisan ticket and - .". justices of the peace on partisan ticket. Police courtsjudges a'jjpointed by city • council, or ordinance may provide for election by entire electorate of the city. ' Kansas...... Supreme Court Judges appointed by Governor from list^bmitted 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 Appieals, 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. Triail magistrates appointed by Governor. People's Court Judges of Anne Arundel and Howard Counties and jn Baltimore City initially appointed by Governor; subsequently run for elec-- tion. People's Court Judges of Prince George's County appointed by Gover- , ; ^ nor; those in Baltimore County appointed initially by Governor with consent of Senate, thereafter appointed by Governor. People's Court Judges of Mont gomery County appointed by County Council. Judges of Municipal Court of Baltimore City elected on nonpartisan ballot. Massachusetts... All appoiiited by Governor with consent of Executive Council. Michigan...... All elected on nonpartisan ballot?" ' Minnesota...... All elected on nonpartisan ballot. Mississippi...... All elected On partisan ballot, e.xcept that city police court justices are ap pointed by governing authority of each municipality. Missouri. r. Judges.of Supreme Court, appella.te courts, circuit and probate courts in St. Louis and Jackson County and St. Louis Court of Criminal Correction ap pointed initially by Governor from nominations siibmitted by special commis sions. Run on record-for reelection. Allother judges elected on partisan ballot. . Montana -. All elected on nonpartisan jjallpt except that some judges of police courts are ' appointed by city councils or commissioners. THE JUDICIARY / ; 125 " ; ' TABLE 4—Continued - • FINAL SELECTION OF JUDGES ' •
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. Other judges elect'ed on nonpartisan ballot, except < • police magistrates and justices of the peace on a partisan ballot. Nevada.... All electedon nonpartisan ballot. New Hampshire.. All appointed by Governor with confirmation of Executive Council. New Jersey...... All appointed by Governor with consentof Senate e.xcept 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 Jjjdges 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 ejected on partisan ballot. ^ ., ,.;. -^'^""" North Dakota.... All elected on nonpartisan ballot. . i,^-"'-'^""^' Ohio...... All elected on nonpartisan ballot. ,:->•—"" Oklahoma...... Supreme Court Justices and Courtof-GriniThal Appeals Judges appointed by ; Governor from-lists of three-submitted by Judicial Xomirialing (Tonmiission. » If Governor fails^^tetnake appointment within 60 daiys after occurrence of vacan£yj,ja.ppt»'mtment is made by Chief Justice from the same list. Run for : ^^-^""""elS'c'fron 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 jjudges are ap pointed by city councils (elected in two cities). . Pennsylvania...... Alloriginally eilected on partisan ballot; thereafter, on nonpartisan retention • 'ballot: _ • • _ • • ' ... Puerto Rico...... All appointed by Governor with consent of Senate. 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 (e.xcept for justices of the peace); probate 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 appointed by Governor. Probate judges' " and some county judges elected on partisan ballot. ' . Soiith Dakota. ..-. All elected oh nonpartisan ballot, e.xcfept county justices oT the peace, who are appointed by the senior circuit judge of the judicial circuit in which the county , • is located. .' • . •• •. • " . Tennessee All elected on partisan ballot. ' ; . Texas...... ;. All elected on pairtilan ballot. 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 foi; retention . in office at next succeeding election; they may be oppp.^cd by other^ 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 Juvenilq Court- - - I • Commission, and retained in office by gubernatorial appointment. Town justices are appointed by town trustees. Vermorit...... Supreme Court Justices originally elected by Legislature. Superior 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. Supreme, superior and district court judges retained in office by vote of Legislature. . Assistant judges of county courts and probate judges elected on partisan bal- ,. lot in the territorial area of their jurisdiction. Virginia.;,-,...... Supreme Court of ApjDeals and all major trial court judg^ elected by Legisla- •/ture. Practically all judges of courts of limited jurisdiction appointed by judges of major trial courts. Some, however, are elected by the'^'i.egislature and some by city councils. Washington...... All elected on nonpartisan bajlot except that municipal judges in first, 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. Wyoniing...... Supreme Court Justices and district court judges elected on a nonpartisan basis and justices of the peace on a partisan.basis.., -V- »..r-f • . "; • •-'-• ' '-^'/ • • •• "• TABLE'5 • • •.! ' • . ' ••. ''•'•-•' ' ~ ' '• •.•''• ^ COMPENSATION OF JUDGES OF, STATE APPELLATE. COURTS AND TRIAL COURTS OF GENERAL JURISDICTlbN*
Appellate courts Inter Major trial courts Court mediate ; . State or of last appellate Chancer, Circuit District Superior Other trial cither jurisdiction resort court court M . courts court court . . court
Alabama.. $22,500 $22,000 $18,000(a) : '%'.... $ .... Alaska...... '.... 28,000(b) 26.500 Arizona... 23,5(M) 22.500 21,500(c); Arkansas... 22.400(b) 19,200(d) 19.'200(d) Calirornia.. 40.724(b.e) .38.179(e) .... 31.816(e.f) Colorado. 24.500(b) 22.250 26.660 Connecricut 29.000(b) 27.500 Delaware.. ^. 24.500(b) 23.500(g): 23.S0O(g) Florida 34,000 31,200 28,500 Gcor'Ala...... 26.500 — 26.500 18.000-3b,600(a) Hawaii...... 32.670(b) 36.250 Idaho...... 20.500(h) 16.500(h) to 0> Illinois 40.000 37.500 : 2S.OOO-3S,600(a)~ Indiana. 24.500(d) 24,500(d) 19,000=13.500 (a) - . . • • 'T * ' *. . 19'0OO-23.50O(a) 19.000-2.1,500(a,i) Iowa. 24.000 21.600 Kansas 21.500(b) 17.500 Kentucky 26,000 . 17.500{j) , Louisiana...... 25,000(b) • 24.000 15.000-2^,506(a) ; Maine 20.000(b) • • / • • !• 19.500 Maryland 35.000(b) 3'2's6o(g).\ 30,560 • ....,'/V.".'. .36!56o(k) Massachusetts. . , 33,800(b) ; •30,000(g) Michldan.:..... 35,000 .ai.'sob: 2O.0Ob-3o",600(a) 36^66o{l) y Minnesota. . . 26,00b(b) 22.000-23,500 (a) Mississippi 19.000(b.g) 16.000(m) 16,6(>0(m) Missouri...... 26..S00 25,000 20.000-23.000(a) Montana... 21.0 /• • • ••'•--•. ••':' • . .••••'• • ' .'• ••..•;:"• • • Orefton ,. 26.000 25.000 24.000 . 37.500(b) Pennsylvania.,.... 35.500(g) ...... ••••• . 26,500-32,500(q) Puerto Rico 22,000(b) 13,8P0-16.800(3) Rhode Island:. 14... 2S.000(b) 23.000(g) South Carolina.. 26.500(b,t) 24.500 South Dakota.,. /. 20.500 18.500 Tennessee. 24,000(b) ' 26.000(8) 17.500 17.500 1.7.500(1) Texas. 29,000 26.000 . 20,000-29.6oO(a) Utah.....;... 20,000(b) 17.500 VernMunt.. 21.000(b) \ 19.000(g.n) Vlrfti«a 25.000(b.u) 26.000 26.660 20.000(v) Washington 27.500 25.d()P 22,500 West Virftlnia. . . .. 27.500 17.500-2 5.000 (a) Wisconsin 24.0()0(b) 20.006-28,000(a3 17.000-27.000(a.n) Wyomlnft. 19.000 18,"s6o 'Compensation is shown according to most recent legislation even though laws may not New Hampshire. New York (3rd and 4th Departments). Pennsyl/ranla and Vermont; $1,000 yet have taken effect. - in Maryland. North Carolina. Khode Island and Tennessee; $1,300 in Maasachusetta; $1,500 (a) Salaries-may be supplemented by counties (in Missouri, also by theCity of St. Louis).. in New York (li)t and 2nd Dejjartments). ,_ In Georgia. Louisiana. Michigan. Minnesota, Missouri, Nebraska, "lexasand Wisconsin the (h) A salary increment of 3 percent of this base salary is to be added for each year of ser ^3 lower amount of the range is the salary paid by the State. In Georgia, the-slate salary of vice following July 1. 1968. to a maximum of 10 years. «a $18,000 is 8uppleniente 128 THE BOOK OF THE STATES TABLE 6 RETIREMENT AND PENSION PROVISIONS FOR JUDGES OF STATE APPELLATE COURTS AND TRIAL COURTS OF GENERAL TURISDICTIQN(a) Years Amount . Atndtint of State or. Minimum minimum . of judge's other jurisdiction ,'age service annuity contribution Judges to whom applicable Alabama (b) 6S(c) . 15 $7,200 none Supreme. appeal.«, circuit Any age 25 $9,600 none Circuit s. 65 . 5(c) up to H ijay(f) none Supreme, superior » 60Cg) 20(e.g) up to •'.i pay(f) . none Supreme, superior 65 12(e) up to % pay(h) •5% Supreme, appeals, superior 65 15(e) J-ipay(i,j). • 4% Supreme, circuit, chancery Any age 20 a pay(i.j) •- 4%. Supreme, circuit, chancery CaHfornta(d).... 60 to 70.' 20(e) ?4 pay(i.j) .8% . Supreme, appeals, superior 60 to 70 10(e) 65%of pay(i.j) 8% . . Supreme, appeals, superior acr Over 70 (e) y2 payd.j.k) -.0/c Supreme, appeals, superior Colorado (d) 72 30 $7,000 none Supreme - 72 20 $6,000 • none Supreme . 72 10 $5,000 none Supreme 65 10 . $5,000 none Supreme . _ 65(1) 16 J^ I)ay(m) . 6% Supreme, appeals, district . 65(1) . 10 Js pay(m) . 6% Supreme, ai)pcals, district Connectlcut(d).. 65 lO(e.n) - ^pay(n) 5%(o) Supreme, superior Any age 25(e) % pay(n) 5%(o) . Supreme, superior Delaware(b) Any age • 24(p) . . 3% 01 liighcst 5% (max. $375 Supreme, sui)erior, chancery. salary times number a yr. for 20 yrs.) of.years served ' Florlda(d) ,65 10(e) " 3Vi% of aver, 8% Supreme, district courts of appeal, coinp. for each year circuit of service(k) . - ' .. ". 55 - 10 (fj) 8% Supreme, district courts of appeal, circuit Georgla(b) ., 70 10 up to $12,000 none . Supreme, appeals 65 20 up to $12,000 none Supreme Any age 19(e) uptoSU.OOO . 5% Superior 70 . 11 (e) up to $12,000 5% . Superior HawaU(d) ;.. •• 55 , 5 3.59,.- of aver, final 6%. • Supreme, circuit y comp. for each year of service(li) Any age 25(e) up toJi' pay(k) 6% Supreme, circuit . / Idaho{d)...... 65 8 • (i.r) 4% of current Supreme, district . / . base salary Any. age ' ' « 20(e) (i.r) 49c of current Supreme, district . / . • base salary IlHnoIs(d) 60 • 10(e) up to ?^ pay(s) 7.5%(t) Supreme, appellate, circuit Indiana(b)...... , 65(e) • 8(u) up to S 10.000 (v) 5%(\v) Supreme, appellate, circuit, superior, criminal ' / .65 , 6 up to H of last .4% • Supreme, district / salary(i,x) Any age : 25(e) up to yi of last 4% Supreme, dij^tric. t• • / • . s:ilary(i,x) 65 10 3J.ji% of pay for 6%.- Supreme, district / \ each vr. of service(y) . 70 8 3>S%ofpayfor 6% .Supreme, district^ each yr. of serviee(y) Kentucky(b).... 65(e) . ...-.-.•8-- • • TiV ' •. 3%; Court of appeals, circuit Any age(e) 8 (z,aa) . .3% , . Coiirt of appeals, circuit Loulalaha(d) ... 75-80(e) Xo minimum (i.ab) • none Supreme,.apiT^als, distfict .70(e), 20 . full pay(i) • none Supreme, appeals, district 65(e)' 25(ac) full pay(i) none . .'• 65(e) 20 H pay(i) none Supreme, apikals, district Any age.(e) 23 ?i pay(i) none Supreme, iippeals, district 65(e) 12 H pay(j) • .• none Supreme/superior;, 70(e) 7 ?4 pay(j) • none Suprem^ superior" ^^• Maryland(d).... 60(e) No minimum up tQ„$13,600(ad) none Court of appeals, spcftial appeals. 60(e,ae)No minimuni up to 60% of annual 6%- • circuit. Supreme. Bench of • salary(ad) Baiyimore City MassachusettsCd) 70 10 . • • H pay • none Sujir^ie, superior Mlchiean(d).... 70 10 . H pay TVf - •" i Surireme, appeals, circuit, recorders 65 15. H pay 7.% Siipreme, appeals, circuit, recorders 60 20 Vi pay 7% . Supreme, appeals, circuit, recorders Any age 30 H pay . - • 7% ^upreme, appeals.circuit, recorders Minnesota..,..'. 65(b) 15(e) a pay(af) none(ag) /Supreme 70(b) 12(e) J^ pay(af) none(ag)7 Supreme 70(d) 12(e) Vi pay ' • none(ag)' District MississlppUb).. 65 15 (k,ah) 1.65% / Supreme, chancery, circuit Any age 30 H pay(k.ai) . 1.65% /• Supreme, chancery, circuit Missouri;d)...;. 65 12 ' H l)ay(i) none / Supreme, appellate.-circuit • Montana(d)..... 65 10 (aj) 6%/. Supreme, diistrict THE JUDICIARY 129 TABLE 6—Continued . . RETIREMENT AND PENSION PROVISIONS FOR JUDGES OF STATE APPELLATE COURTS AND TRIAL COURTS OF GENERAL JURISDICTION(a) 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) 3M% of pay for 4% Supreme, district each year of service(v) 6S(ak) No minimum :Viiof 2.5%of 6% Supreme, district; total salary earned since started contributing Nevada(b)...... 60 20 % pay .. none Supreme, district 60 12 J^ pay none Supreme,'district New Hanipahire(d) 60 10(e) up to ^ pay(ah) 9-12%(al) Supreme, superior NeT Jer8ey(d)... 60 25(e) pay 10% of S 10.000 Supreme, superior 65 . 10(e) pay 10% of $10,000 Supreme, superior 70 • 15(e) 10% of $10,000. Supreme, superior 70 10 • J^payd) none County New Mexlco(d).. 64 10 \^ av. ann. 6% • Supreme, appeals, district salary of last 3 years 60 16 H av. ann. 6% Supreme, appeals, district salar>' of last 3 years New York(d).... 60 No minimum up to Yi pay(ah) varies(am) Court of appeals, appellate, supreme North Carolina(b,d) 75 8 % pay(i) none Supreme, appeals 65 12(e)- "H pay(i) none . Supreme, appeals ' \' 65 15(e> y% pay(i) none Superior '- Any age 24 • \i pay(i) none Supreme, appeals, superior North Dakota(d) 70(an) lO(an) M pay(i,j.k.an) 5% Supreme, district 65 (an) 20(an) J-^ pay(i,j.k.an)- 5% Supreme! district " "" Ohio(d). 60 5 • • (ah) ' 7.7% • Supreme,"appeal5, common pleas 55- ~2-5(-ao)— (ah) 7.7% • Supreme, appeals, common pleas •Any age 35 (ah), 7.7% Supreme, appeals, common pleas Oklahoma (b).. .70 8 up to li pay(ap) 4% of first Supreme, appeals, criminal • ,- 75% of salary appeals, district '65 10 up to M pay(ap) 4% of first Supreme, appeals, criminal 75% of salary appeals, district- 60 20 upi to-3 llJ 130 THE BOOK OF THE STATES TABLE* 6-^Continue(J (Footnotes) (a) The judges'retirement system is the same as for aU public' . (r) Two and one-half percent of current annual compensa- emplojfees in Hawaii (but with better benefits for judges), Mis ' tion of office from which judge retires multiplied by number of sissippi, New Hampshire, New York, Ohio and Pennsylvania., years of service as district and/or Supreme Court judge, not to (but different benefits for judges). It is a separate system in all exceed 25 years of service. other States, except that in Vermont it is supplementary to the (s) One-fourth pay after 10 years; plus 5 percent for each state employee retirement system, and ia Nevada most judges year in excess of 10 years' service, with a maximum of 75 per - join the latter, to which they contribute, for better protection. cent of pay, after 20 years. •. Because the Alabama constitution prohibits payment of pen- (t) Plus 2J^. percent if married, unless judge elects against , sions, retired judges serve as supernumerary judges and arc coverage for widow's pension within 30day8 oj beconiing a judge subject to call to'assist judges in their State. or of getting married; plus 1 percent if judge elects to partici (b), No compulsory retirement.age, except age 70 for Superior pate in cost.of living increase in pension. . Court judges in North Carolina. (ul Judges must contribute to penslan'system for 16 years. •(c) Sixty if permanently and totally disabled. Can retire after 8 years by paying up for remaining 8 years. • (d) Failure of judges to retire at 70 causes, them to lose all (v) Pension is 50 percent of average salary received from pension benefits in Arkansas and Minnesota, and,at 73 in North State, but not ihore than $10,000. Dakota. If retiring after age 70. judges' and widows" benefits are (w) Five percent of salary paid by State but not to excited reduced in California. In New Mexico, a judge who does not $500 annually nor payable for more than 16 years. . retire at age 70 forfeits widow's benefits. In Maine, retirement (x) Three percent of average basic salary for last 3 years must occur after the 70th and before the 71st birthday; in multiplied by years of service in one or more of the courts' Massachusetts within 30 days after reaching 70 or after 10 covered. years' service, whichever.is later, if initially appointed after (y) Up to 65 percent of salary including Social Security bene July, 1956. In Ohio a judge may not be appointed or elected to fits—in Kansas, of salary being drawn at date of retirement; in term beginning .after his 70th birthday. Retirement is compul Nebraska, of average salary of last 4 years on bench. sory at age 70 in Alaska, Connecticut, Florida, Hawaii. Idaho, (z) Five percent of average compensation during last 5 years- Illinois. Kansas, Maryland, Michigan, Montana, Nebraska, .of service multiplied by number of years of service, not-to New Hampshire, New Jersey, New York, North Carolina, exceed 100 percent of final compensation. (Superior Court judges), Pennsylvania. Puerto Rico, Utah (aa) Equal to annuity Upon retirement at age 65 if judge (trial judges), Vermont, Virginia, and Wisconsin, except that in elects to have iiayments commence at age 65; if earlier, reduced Idaho, Kansas, Michigan, Montana and Nebraska a judge maj^ actuarially. complete a term ptarted before reaching 70. Also, in New York (ab) Proportion of salary which, years of service bear to 20. retired judges may be certified by an administrative board as (ac) Service need not have been on court of record. active retired justices of the Supreme Court for three successive (adj Under contributory plan, after 16 years of service, periods of 2 years, up to age 76. Retirement is compulsory at $13,61)0'for judges of court of appeals: $12,800 for judges of age 72 in Colorado. Iowa, South Carolina and Utah (Supreme cfourt of special appeals; $12,000 for all other judges. Varying Court), and at age 75 in Louiuiana, Missouri (judges of Supreme supplemental'payments'provided by some counties. Recent Court and courts of appeals), Oregon, Texas, Virginia (Supreme legislation has placed restrictions on future supplementations ,• Court Judges), and Washington.-These respective provisions do and a ceiling on current supplementations—under new con not apply to judges 8erving_ before they became effective in tributory.plan, total may not exceed $20,000. Arkansas, Connecticut, Florida, Idaho, Illinois, Iowa, Massa"- (ae) Judges appointed after July 1, 1969 required to partici chUsetls, Pennsylvania and Texas. Retirement is optional at pate in this contributory plan. 65 in Nebraska and Vermont, and at 55 in Wisconsin. (af) Plus 2^4 perceht of annual salary for each year in excess (e) Disabled judges in these States may retire on pensions at of minimum service, but not exceeding 75 percent of salary. . any age if they have completed the following number of years of (ag) Four percent to widow's pension fund. service: Arizona. 5; Iowa and Oregon, 6; South Carolina, Texas (ah) Missiasitoi; New Hampshire, New York, Ohio and Wis and Virginia (when certified by Supreme Court, at H'pay), 7; consin—based on length of service. In Mississippi, top retire ^ Idaho.and North Carolina, 8; Florida, Hawaii, Illinois, South ment pay of 50 percent of salary after 30 years of state or,local Dakota. Tennessee and Washington. 10; Minnesota (Supreme) ..service. In Ohio, 85 percent of final average (of 5 highest years) and Utah, 12; Minnesota (District), 15. InAlaska, 2 years if forced salary after 45 yearsof ser\'ice. If retiring after less than 40 tb retire, 5 years in case of voluntary retirement; in Georgia years' service, 1.9 peiieent of final average salary times number disabled Superior Court judges may retire at 62 after 10 years' of years of service. service; in Louisiana, at full pay after 20 years; if less, in pro (ai) Based on average salary for the 5 years preceding retire portion that years of service-bear to 2(J, but Ji minimum. ment. V Retirement pension allowed regardless of length of service in .(aj) Three and one-third picrcent of salary up to IS years of Arkansas, California (at 65 percent of pay), Connecticut (full ser\'ice, plus 1 percent of salary for each additional year of • pension), Indiana, Kentucky, Maine (with full retirement bene service. fits), Maryland, Nebraska (3}i% per year of service). New. (ak) Also under Social Security: • ' Jersey (for Supreme and Superior Court judges, at full annui (al) Based on age when contributions began. ties), and Puerto Rico. A permanently disabled judge in New (am) Depending on age. In Pennsylvania, also on other fac Hampshite, regardless of length of ser\'ice, is entitled to'half of tors, including length of service as judge, previous nonjudicial his annual salary up to age .70. If he has served 10 years, he state employment, average of salary of best 5 years, and retire then is eligible for pension. ment plan selected. . (f) Five percent of salary received per year of service; if pay- . (an) For each year between 65 and 70, required years of ser- ments start before age 65_ for reasons other than incapacity,- . vice reduced by two.' If .upon retirement required minimum computed on actuarial basis.. years not completed, annuity reduced in proportion that years (g) Actuarially equivalent retirement pay can be com- of service bear to required years of service. . menced at 60 or upon 20 years' service. (ao) On a commuted basis. . • • (h) Two-thirds of salary after 20 years' service. If.fewer (ap) Four and one-half percent of salary at time of retire years, proportion that years qf service bear to 20. . ment multiplied by number of years of service, up to 75 percent" (i) Retired judges, with their consent, may be assigned to any of salary at time of retirement. court in Arkansas,. California and Louisiana; to any otherthan (aq) Judges who cease to hold office before attaining age 65 the Supreme Court in Iowa; to the court from which they and who have served for an aggregate of 16 years and contrib retired in North Dakota; in.Missouri they receive retirement uted to the Judges' Retirement Fund for 16 years may receive '•. pay only while residing in State and are subject to assignment pension at 65. as.special commissioners; they may be called as emergency (ar) No minimum age required for pension if retirement is judges in North Carolina.. In North Dakota; they also are'cli- for reason of disability, or after 22 years of creditable govern gible to serve as referees in civil cases or judicial proceedings; ment service, if at least_8 years were as judge. . if requested, they may serve as legal counsel in the office of the (as) Twenty-five percent average salary plus 25/72 of 1 per-, Attorney General, in any executive department, commission or cent of said average.salary for each month of creditable service bureau of the State, or for any committee of the Legislative - in excessof 10 years. Creditable service includes services ren Assembly. A retired judge in Idaho may be requested to serve dered as judge or to the government of Puerto Rico in any as a district judge or on the Supreme Court. capacity if last 8 years were as judge. (j) Pension is listed portion of salary being paid 'to sitting (at) Any person who, on January 16, 1956, was a Justice of justices. Amount-of pension changes with changes in salary, the Supreme or Superior Court and has served as a justice on except that in Arkansas pension cannot be more than half of either or both courts for 25 years, or for IS years and has reached salary fixed by law on July 1, 1965. 70, may receive a sunr equal to salary at time of resignation. (k) Options available for reduced annuities, with continuing (au) Actuarially determined. annuities for surviving spouse and benefits to other named (av) Judges who retire at or before age 70 receive an addi beneficiaries. Also, in Hawaii, annuity purchasable by accumu tional annuity of 10 percent of pay. lated contributions, up to 75% of final compensation. (aw) In addition to Social Security. Plus 3H percent of (I) In Colorado, under Public Employees Retirement Sys salary for each"year of service above 12, up to full pay after 30 tem; in New Jersey, judges may come under Public Employees or more years of service. Retirement System in lieu of above pension. (ax) Depending on age upon taking office. Virginia, u'bder 40, (m) In Clolorado, based on average salary during last 5 years 2 percent; to 55, 2'A percent; over 55^ 3 percent. of service; in Oregon, during 5 highest paid out of last lOLyears . (ay) Presiding judges of county courts. of service. (az) For additional years of service, 1/18 of full salary al (n) In case of retirement after less than 10 years' service, . lowed per year, up, to 75,percent of salary at time of retirement. between ages 65 and 69, pension is number of years of service (ba) In pro[>ortion that years of service bear to 18, beginning over ten or over number of years of service which would have ISyears after induction date. been .completed had the judge w6i»ked until age 70—whichever (bb) Five percent of earnings subject to Social Security base number is less—divided into H of salary. and 7 percent of earnings in excess of this base. (o) For judges firs't appointed after May 20, 1967; fon-those (be) Reduced by 1 year for each full year by which judge i/ appointed earlier, none. exceeds age 70 at lime of retirement (minimum 6 years). • (p) If not reappointed at end of 12-year term, eligible for (bd) If less thaii-18 years' ser\'ice, pension reduced in pro pension upon reaching age 65. portion number of years of service bears to 18, with adjustment (q) Judges between ages 55 and (50 with minimum of 10 for situation described in preceding footnote.. years* service may retire and receive, reduced benefits—the actuarial equivalent of retirement at 60 with 10 years' service. . THE JUDICIARY 131 • • •• i .. ' TABLE 7 ' . SELECTED DATA ON COURT ADMINISTRATIVE OFFICES Year of Stale or other jurisdiction Title establishment Alaska...... '.•... Administrative Director 1959 Arizona .- Administrative Director 1960 . Arkansas.. ; '..;..... Executive Secretary, Judicial Department 1965 ' California.- Administrative Director of the Courts ; 1960 Colorado...n State Court Administrator 1959 Connecticut... .,. E.\ecutive Secretary, Judicial Department I9.S7 • Hawaii.. Administrative Director 19.S9 Idaho i... .Administrative Assistant of the Courts 1967 Illinois...... •..-• Administrative Director 1959- Indiana Court Administrator-Commissioner 1968 Iowa. .'.. JudiciarDepartment Statistician ' . 1955 Kansas Judicial Administrator 1965 Kentucky.- . Administrative Director of the Courts \ 1954 Louisiana .• '.. Judicial Administrator 1954 Maine.' Administrative Assistant to Chief Justice ' . 1970 Maryland.. ..;....,. Director, Administrative Office of the Courts 1955 Massachusetts... Executive Secretary, Supreme Judicial Court for the Commonwealth 1956 Michigan...... Court Administrator 1952 Minnesota,. •".... '. Administrative Assistant to the Supreme Court 1963- Missouri. Executive Secretary, Judicial Conference (a) 1943 New Jersey •. Administrative Director of the Courts 1948' New Mexico Director, Administrative Office of the Courts 1959 New York. State Administrator and Secretary, Judiciail Conference of New York .• . and Administrative Board 1955 North Carolina. Director, Administrative Office of the Courts 1965 North Dakota.. Secretary, Judicial Council (a) 1927 Ohio: Administrative Director of the Courts • 1955 Oklahoma Administrative Director of theCourts 1967 Oregon....;..... Administrative Assistant to the Chief Justice _ 1953 Pennsylvania...... State Court Administrator 1968 Puerto Rico Administrative Director, Office of Court Administration ,'•1952- Rhode Island Court Administrator (b) 1952(b) Tennessee Executive Secretary of the Supreme Court 1964 . Utah V... Administrator for the District Courts .' - 1967 Vermont....' •... Court'Administrator and Clerk of Supreme Court .' '1967 -..• Virginia..!".. Executive Secretary. Supreme Court of Appeals '' 1952 Wsshington. Administrator for the Courts 1957 'iViscbnsin... Administrator of Courts 1962 : , U.SrCourts...... Director, Administrative Office of the United States Courts ' . 1939 . (a) The Judicial Conference In Missouri and the Judicial (b)-Office of Administrative Cleric, Judicial Department,. Council in. North Dakota'are included because their staffs established in 1952; Court Administrator in 1969. perform some of the same functions performed by court ad- . " ministrative oi&ceia. 132 THE BOOK OF THE STATES TABLE 8 SELECTED DATA ON COURT ADMINISTRATIVE OFFICES Appropriation for Administrator administrative office Stale or Kumher other jurisdiction Appointed by* Term of office Annudl salary On staff Amounl\ Period Alaska CJ(a) $26,.500 22(b) $2.-5.1,770(b) 7/1/69-6/30/70 Arizona; SC 14.500 2 32.SOO(b) 7/1/69-6/30/70 Arkansas.... ' C.l(c) 18.000 2 69.554 • 7/1/69-6/30/71 California....:.... JC 36:687 29 590.000(d) 7/1/69.-6/30/70 Colorado SG 20.000 12. 272;I.?5(e) 7/1/69-6/30/70 Connecticut..;.,.. a(f) All 17.0.?7-21,117 28 488.159(b) 7/I/69-6/.«)/70 Hawaii.. CJ(a) 22.670 Not available S44,691fe) 7/1/69-6/30/70 Idaho. SC 14,500 3 . . 60,000(b) 7/1/69-6/30/71 Illinois SC 37,500 .. 19 500.451. 7/1/69-6/30/70 Indiana .... SC 19.920 .5 (g) Iowa SC. serve 15,500 2.' 25.250(h) 7/1/69-6/30/70 Kansas...... SC 17,500(i) • 4 (g) (G) Kentucky...... SC 20,000 1 25,000(b) 7/l/69-6/.K)/70 Louisiana JC 22.400(j) 4(k) • 75,000 7/1/69-6/.30/70 Maine. CJ .at 15,000 Not available 51,750 1/1/70-6/30/71 Maryland...... CJ 30,500 9 102,486 7/1/69-6/30/70 Massachusetts...... SC .25,350(1) 3 57,349 7/1/69-6/30/70 Michigan.... .; SC 30.000 12 200.000(b) • 7/1/69-6/30/70 Minnesota.. SC 24,000 2 . 73.000 •7/1/69-6/30/71 Missouri...... SC ; pleasure (m). 1 (m) •New Jersey CJ 27.bOO(n) ' 42 494,000(b) • 7/1/69-6/.30/70 New Mexico...... SC 11.550 8 96,145- .7/1/69-6/30/70 New York (o) • of ; 42,678 130 1.994,140. 4/1/69-.V31/70 North Carolina CJ -., 24,500 • 39 339.541 ' 7/1/69-6/30/70 North Dakota SC . • (P). NA None Ohio SC (q) .8 (g) (8) Oklahoma SC • 17.500 2(k) (g) (g) Oregon CJ appointing 15.000 2 Not available Pennsylvania SC 35.000 7 400.000 7/1/69-6/.W70 Puerto Rico...... CJ 16,000 Not available 339.560 7/1/63-6/30/64 Rhode Island...... CJ 14.352-16.432 5 (r) 7/1/69-6/30/70 Tennessee.....' SC 20.000 6 111.800(3) 7/1/69-6/30/70 Utah(t) ...... ;... NA NA .1 NA NA • Vermont...... SC • 18.000 4 39,8.H8(u) 7/1/68-6/30/69 VIrftinia.. SC • 20,700 : 3 . • 37.680 • 7/1/69-6/.W70 Washington... r... SC(v) authority " 20,0(30 -4 232,043 , • 7/1/69-6/.W71 Wisconsin SC 23.500 6- 84.100 . 7/1/69-6/30/70 U.S. Courts SC 40.000 180 2.626.000 7/1/69-6/.W70 •SC; The State's court of last resort; CJ: The Chief Justice (g) Not segregated from general appropriation of cburtof Jast or Chief Judge of the State's court of last resort; JC: Judicial resort. , . Council. (h) Supported by a special trust fund derived from receipts NA—Not Applicable. from a special filing fee in the district court. tAppropriations for the various offices arc not necessarily (i) Combined salary as Judicial Administrator and Clerk of. comparable because of variations in the time periods covered Supreme Court. and the, purposes of the appropriations. In some States amounts (j) .Also Executive Officer of Judiciarjf Commission. • shown include appropriations for travel and expenses of trial (k) In addition. Deputy Judicial Administrator and secretary court judges. in Louisiana and a research assistant and secretary Tn Oklahoma (a) With approval of Supreme Court. under federal grants. (b) Estimate; in Alaska, in addition, $97,750 for transcript (I) Fixed bj; Chief Justice; may not exceed 75 percent of section; J79,950 for State Law Library staff and services (staff Associate Justice's salary. included in count of 22); JS0.200 for new materials, law books (m) There is no administrative office as such and no appro and supplements; in Connecticut, including a large one-time priation for these, functions other than for the Judicial Con expenditure for installation of data processing in two courts; ference and the Clerk of the Supreme .Court. The Reporter of in Idaho, including S4,850 initial appropriation for office equip the Supreme Court also serves as Executive Secretary to the ment and supplies; in Michigan, for salaries; in New Jersey, Judicial Confei»ncc. For these two functions he receives a approximate amount for. salaries... including 9 positions with combined salary of $6,800; assignment judges when duties do not relate directly to Adminis (n) Additional salary of $5,000 for serving as Standing. trative Office. Master of the Supreme Court. (c) With approval of Judicial Council. \ • ' (o) Appointed by the Administrative Board upon nomination (d) Total appropriation for Judicial Council, including Ad by chairman, who is Chief Judge. ministrative Office of the Courts ($580,000), but not including- (p) Also serves-as State Law Librarian. salaries of assigned judges. (q) Discretion of the Court. (e) Includes, in Colorado, funds for Judicial Conference ($17, (r) Funded from a number of state accounts. 500); Judicial Qualifications Commission (S4.000); Judicial' (s) Includes salaries of 5 law clerk: for members of Supreme' Nominating Commission ($2,000); per diem for assigned Court. iby the Oovefnor.