Judicial Pay
December 2004Summary
The retention of state appellate judges with decades of legal experience represents a growing challenge for Texas' legal system. One indication of the dimensions of the problem is the fact that the current average tenure of judges on the state's highest courts -- the Supreme Court, the Court of Criminal Appeals and 14 regional, intermediate courts of appeal -- is less than one full elected term.
One often-cited reason for this pattern is low judicial pay. Almost all state appellate judges earn less than federal judges and, for that matter, many newly minted lawyers in the private sector. Appellate judges cannot receive cost-of-living adjustments or other state supplementary pay without legislative appropriation, and have not had a raise since 1999. By contrast, district judges can receive pay supplements from the counties they serve. Several earn up to $13,000 more annually than members of the Supreme Court and Court of Criminal Appeals.
To maintain a qualified and experienced judiciary, the Legislature should consider increasing the salaries paid to appellate judges, removing the statutory cap on the supplements counties can pay to district and some appellate judges, and asking the State Bar of Texas or the Office of Court Administration to gather reliable data on the extent and reasons for turnover in the Texas judiciary so that legislators could better evaluate and address the underlying causes of low tenure on the bench.
Serving as a justice on a state appellate court should be the pinnacle of a distinguished legal career, not a financial penalty. Texas should ensure that its judiciary is qualified, experienced, stable and justly compensated.
![[signed]](/images/cks_sig.gif)
Carole Keeton Strayhorn,
Texas Comptroller
BackgroundAll Texas state judges are elected officials. The Legislature sets their maximum salaries and pays them from state funds. State law provides for a hierarchical pay system, paying judges in the state's highest courts more than judges in intermediate appellate courts and trial court (district) judges. The state also pays the salaries of certain prosecutors and county attorneys.
State law also allows judges in intermediate appellate and trial courts to receive a salary supplement from each county they serve, up to a statutory maximum salary from state and county sources. County supplements are optional and discretionary for each county. The Legislature has granted some counties a statutory exemption from the salary cap, allowing them to raise some district judges' salaries above those paid to members of the state's highest courts.
Texas Judicial SystemTexas' court system, like those of all other states, is independent of the federal judiciary. This independence has resulted in 50 different court systems across the nation, with varied structures and responsibilities.
State court systems may be broadly categorized as unified systems, which consist of trial courts and courts of last resort; and multiple court systems, which have trial and appellate (appeals) courts as well as courts of last resort.[1] Texas has a multiple court system. Only two states, Texas and Oklahoma, have two courts (criminal and civil) of last resort.[2] In Texas, the state's Supreme Court serves as the court of last resort in civil matters, while the Court of Criminal Appeals plays the same role in criminal proceedings.
The Texas judicial system includes appellate courts, state trial courts, county courts, justice of the peace courts and municipal courts.[3] The state pays all or part of the salaries of judges on the appellate and trial courts, in addition to the salaries of some local prosecutors.
The National Center for Court Statistics collects a variety of data on state court systems, such as the number of judges per 100,000 residents. For appellate judges, Texas is tied for third-lowest (0.4 per 100,000 residents) among the ten most populous states (Exhibit 1). Texas also has the lowest ratio of general jurisdiction (trial court) judges (1.9 per 100,000 residents) (Exhibit 2).
EXHIBIT 1
Number of Appellate Judges per 100,000 Residents in the Ten Most Populous States, 2002State Appellate Judges per 100,000 Residents Ohio 0.7 Illinois 0.5 New Jersey 0.5 New York 0.4 Florida 0.4 Texas 0.4 California 0.3 Pennsylvania 0.3 Michigan 0.3 Georgia 0.2 AVERAGE 0.4 Note: Court systems vary by state, so caseloads also reflect varying court structures.
Source: National Center for State Courts.
EXHIBIT 2
Number of General Jurisdiction (Trial Court) Judges per 100,000 Residents in the Ten Most Populous States, 2002State General Jurisdiction Judges per 100,000 Residents Illinois 6.8 New Jersey 4.6 California 4.3 Ohio 3.3 Pennsylvania 3.3 Florida 3.0 New York 2.7 Georgia 2.2 Michigan 2.1 Texas 1.9 AVERAGE 3.4 Note: Court systems vary by state, so caseloads also reflect varying court structures.
Source: National Center for State Courts.Texas' relatively small judiciary, compared to its population, requires its judges to handle relatively high judicial caseloads; Appendix I contains more information on this topic.
Texas has the nation's largest state appellate court system, with 16 courts and 98 judges.[4] The appellate courts include the Supreme Court, the Court of Criminal Appeals and 14 intermediate courts of appeals that serve separate jurisdictions around the state (Exhibit 3).
Justices on the Supreme Court and Court of Criminal Appeals are elected to staggered, six-year terms in statewide, partisan elections. Texas voters also select judges of the 14 intermediate courts of appeals, also through partisan elections and also to six-year terms. Vacancies between elections are filled by gubernatorial appointment with the advice and consent of the Texas Senate.
Supreme CourtThe Supreme Court of Texas, made up of a chief justice and eight justices, has appellate jurisdiction over all civil court cases. In addition, the court develops rules of administration and civil procedure for Texas courts.
In 2003, the Supreme Court received 968 petitions for review of lower court decisions and disposed of 973; it added 115 regular causes (other petitions and direct appeals) and disposed of 101. This was representative of the court's typical caseload, which has remained fairly steady since 1998.[5]
A 2002-2003 State Bar of Texas profile of the nine Supreme Court justices found that the median (the point below which 50 percent of the total falls) length of time over which the justices had been licensed to practice law was 24 years. As of the end of 2003, the average tenure on the Supreme Court was five years and seven months.[6]
As of September 2004, the court had two vacancies due to the resignation of its chief justice, a 17-year veteran of the court, and the confirmation of another justice, a two-year veteran of the court, to the federal bench.[7]
Court of Criminal AppealsThe Texas Court of Criminal Appeals is the state's highest court for criminal cases. Like the Supreme Court, the Court of Criminal Appeals develops rules of evidence and appellate procedures. It comprises a presiding judge and eight judges, all of whom are elected statewide to staggered six-year terms. The judges receive the same salaries as their counterparts on the Supreme Court.
The court's caseload is divided between "mandatory" matters -- all death penalty cases; writs of post-conviction habeas corpus (defendants' requests to be released from imprisonment) in felony cases; and direct appeals from trial courts -- as well as matters that the court, under its own discretion, selects for review. Mandatory habeas corpus petitions have increased dramatically since 1994, from 3,396 in that year to 6,660 in 2003. The number of petitions for discretionary review filed with the court rose between fiscal 1994 and 2003. The number of opinions written by the court has remained relatively stable over the last 10 years.[8]
A 2002-2003 State Bar of Texas statistical profile of the Court of Criminal Appeals judges found that the judges had been licensed to practice law for a median of 26 years.[9] As of the end of 2003, their average tenure on the court was four years, eight months.[10] As of September 2004, the court had no vacancies.
Courts of AppealsTexas' 14 courts of appeals have appellate jurisdiction over both civil and criminal cases originating in the trial courts within each court's district, except for criminal death penalty cases, which are referred directly to the Court of Criminal Appeals.
The Texas Constitution requires the Legislature to determine the number, area and designated seats of the courts of appeal.[11] Court districts may overlap. Texas currently has 14 courts and 80 justices in Fort Worth, Austin, San Antonio, Dallas, Texarkana, Amarillo, El Paso, Beaumont, Waco, Eastland, Tyler, and Corpus Christi, and two courts in Houston, both covering the same 14-county area.
Every appeals court has one chief justice and at least two associate justices. Some courts have more justices, depending on the district's workload. For instance, the largest court, in Dallas, has 13 justices. Each case in a court of appeals is heard by at least three justices, or even more if a particular court has more than three justices and agrees to sit en banc (as a whole).
All justices in these appellate courts must be citizens of both the United States and Texas, aged 35 or older, and have at least 10 years' experience as a practicing lawyer or 10 years of combined experience as a practicing lawyer and a judge of a court of record.[12]
In 2003, Texas appellate courts disposed of 12,420 cases, slightly below the five-year (fiscal 1999 to fiscal 2003) average of 12,905. In the mid-1990s, the number of cases rose faster than courts were able to dispose of them. The problem was particularly acute in the Houston and Dallas appellate courts. From fiscal 1999 through 2001, the state funded and the courts implemented a Metropolitan Court Backlog Reduction Program that provided extra staff attorneys and visiting judges to those courts. As a result, these appellate courts significantly reduced their numbers of pending cases awaiting trial.[13]
A 2002-2003 State Bar of Texas statistical profile of the state's 80 Courts of Appeals justices found that they had been licensed to practice law for a median of 24 years.[14] As of the end of 2003, the average tenure on the courts of appeals was five years, 11 months.[15]
District CourtsThe Texas Constitution establishes district courts as state trial courts, giving the Legislature the authority to create such courts as it sees fit.[16] Texas has 424 separate trial courts, each identified by a unique number and having its own geographical jurisdiction.[17] In several areas, the geographical jurisdiction of two or more district courts overlaps. District court judges are elected to four-year terms in partisan, districtwide elections. The governor fills vacancies between elections with the advice and consent of the Senate.
District court judges must meet different qualifications than appellate judges, in that they must be aged 25 or older, must reside in their district for two years prior to their election, must be licensed to practice law in Texas and must have at least four years' experience as a practicing lawyer or as a lawyer and judge.[18]
District courts have original jurisdiction over civil cases involving more than $200, land title disputes, divorces, contested elections, contested probate matters and some criminal cases including all felonies and all cases involving minors. In 2003, district courts disposed of 791,294 cases.[19]
The 2002-2003 State Bar of Texas statistical profile of the then-418 district judges found that the judges were licensed to practice law for a median of 24 years.[20] As of the end of 2003, their average tenure was eight years, 10 months.[21]
Judicial Pay in TexasTexas state law establishes a hierarchical pay system for its judges, tying all salaries to that of a justice of the Supreme Court. Texas Government Code Section 659.012 establishes a formula for determining basic state-paid salaries, often called "95/90" -- appeals court judges receive 95 percent of a Supreme Court justice's salary, while district court judges receive 90 percent. The Legislature establishes the state-paid portion of judges' salaries in its biennial General Appropriations Act according to this formula (Exhibit 4).
EXHIBIT 4
Statutory "95/90" Salary FormulaCourt Chief Justice/Judge Justice/Judge Supreme Court $102,463 minimum; actual salary set by General Appropriations Act; no county supplements $102,463 minimum; actual salary set by General Appropriations Act; no county supplements Court of Criminal Appeals Same as Supreme Court Same as Supreme Court Court of Appeals $2,500 more than a justice on courts of appeals; total salary with county supplements may not exceed $500 less than the salary paid to a Supreme Court justice 5 percent less than (or 95 percent of) Supreme Court justice; total salary with county supplements may not exceed $1,000 less than the salary paid to a Supreme Court justice District Court N/A 10 percent less than (or 90 percent of) the salary paid to a Supreme Court justice; total salary with county supplements may not exceed $2,000 less than the salary paid to a Supreme Court justice* Counties with more than five district courts N/A District judge serves as local administrative district judge, receives $5,000 in addition to the state-paid salary * Other statutes allow certain counties to pay supplements to district judges that can cause their total salaries to exceed that of a Supreme Court justice.
Source: Texas Government Code, Chapter 659, Subchapter B.As noted above, state district and courts of appeals judges may receive supplementary pay from counties within their jurisdiction.
According to Government Code Section 46.003, certain district attorneys, criminal district attorneys and county attorneys performing the duties of a district attorney are entitled to receive state compensation equal to that of a district court judge.[22] In addition, Government Code Section 41.013 sets compensation of certain district attorneys and criminal district attorneys at a level equal to 80 percent of a district judge's annual compensation.[23] Some of these attorneys also receive a county supplement.
Current Salary LevelsThe General Appropriations Act for fiscal 2004-05 sets the salary of the chief justice of the Supreme Court and the presiding judge of the Court of Criminal Appeals at $115,000 annually, while the eight remaining judges in each court earn $113,000. These judges receive no other state or county compensation.
The salary cap from state and county sources for the chief justices of the courts of appeals is $112,500. The state-paid portion of this salary is $107,850. Associate justices may receive up to $112,000 from state and county sources, of which the state pays $107,350.[24]
A district court judge is entitled to a total salary from state and county sources that is $2,000 less than the salary of a Supreme Court justice, or $111,000. The state-paid portion for fiscal 2004 and 2005 is 10 percent less than that of a Supreme Court justice, or $101,700 (Exhibit 5).
EXHIBIT 5
Annual Judicial Compensation, 2004-05 Biennium2004-2005 Salary Set by Legislature and Paid by State Statutory Cap from State and County Sources* County Supplements per Judge in Fiscal 2004** Estimated Annual Cost To State*** Supreme Court (1 Court - 9 Justices) Chief Justice (1) $115,000 $115,000 None $115,000 Justice (8) $113,000 $113,000 None $904,000 Court of Criminal Appeals (1 Court - 9 Judges) Presiding Judge (1) $115,000 $115,000 None $115,000 Judge (8) $113,000 $113,000 None $904,000 Courts of Appeals (14 Courts - 80 Justices) Chief Justice (14) $107,850 $112,500 $2,893 to $4,650 $1,509,900 Justice (66) $107,350 $112,000 $2,893 to $4,650 $7,085,100 State District Courts (424 Courts - 424 Judges) Judge (424) $101,700 $111,000 $480 to $10,908 $43,120,800 TOTAL ANNUAL SALARY EXPENSE $53,753,800 *Maximum amount and percentage differential established by Government Code Section 659.012.
**Effective in all counties except Harris, Tarrant, Travis, Collin, Williamson, Ellis and Hill for fiscal 2004 and 2005. Eight district courts with jurisdictions covering 18 counties received no county supplements in fiscal 2004.
***The total presumes that all judges are paid the state maximum, although the Legislature has authorized the Comptroller of Public Accounts to reduce the state-paid portion to meet statutory maximums. The total does not include state-paid benefits of retirement, health insurance and FICA taxes, which would add an estimated 39.29 percent to the base salary.
Sources: Annual Report of the Texas Judicial System, Office of Court Administration; General Appropriations Act, 78th Legislature, Regular Session; Texas Comptroller of Public Accounts; and Office of Court Administration.
County SupplementsChapter 31 of the Texas Government Code authorizes the counties in each court of appeals district to pay each justice of the courts of appeals an amount not to exceed $15,000 per year for judicial and administrative services rendered. This compensation is in addition to the state-paid salary.[25]
For fiscal 2003, the supplements counties paid to court of appeals justices ranged from $3,551 to $4,650. The fiscal 2003 supplements paid by all counties totaled $362,000.[26]
Various sections of Texas Government Code Chapter 32 allow counties to supplement the state salaries of some district court judges. When a court serves multiple counties, the counties negotiate the amount of the supplement and each county's share. When multiple courts serve a single county, each court receives the supplement.
In fiscal 2004, supplements paid by counties in addition to the basic state salary ranged from $27,050 for each judge in Harris County to $480, the minimum supplement, paid to a judge in Deaf Smith and Oldham counties. Twelve courts serving 21 counties received no supplement.[27]
The 2003 Legislature authorized seven counties -- Harris, Tarrant, Travis, Collin, Williamson, Ellis and Hill -- to exceed the combined source salary cap for judges' supplements ($111,000).[28] These supplements are outlined in Exhibit 6. As this exhibit illustrates, not all of the counties authorized to exceed the cap have done so, nor have the supplements been uniformly distributed within counties.
EXHIBIT 6
Fiscal 2004 County Salary Supplements for District JudgesCounty Number of Judges Receiving Supplement State Salary Annual Supplement Total Salary Harris 59 $101,700 $27,050 $128,750 Travis 2 $101,700 $21,518 $123,218 Collin 3 $101,700 $21,318 $123,018 Collin 4 $101,700 $21,300 $123,000 Travis 1 $101,700 $20,918 $122,618 Travis 1 $101,700 $20,300 $122,000 Travis 1 $101,700 $19,889 $121,589 Travis 10 $101,700 $19,300 $121,000 Tarrant 8 $101,700 $12,630 $114,330 Tarrant 17 $101,700 $11,603 $113,303 Williamson 4 $101,700 $9,300 $111,000 Ellis 1 $101,700 $9,211 $110,911 Ellis 1 $101,700 $9,210 $110,910 Hill 1 $101,700 $1,200 $102,900 Source: Texas Comptroller of Public Accounts, Judiciary Section. As a result of the legislatively authorized supplements, 81 Texas district court judges now receive salaries higher than that of the chief justice of the state's Supreme Court ($115,000), and 112 district court judges are paid more than a chief justice of one of the state's courts of appeals ($107,850).
Judicial Salary EnforcementSection 2 of the 2003 General Appropriations Act authorizes the Texas Comptroller's Judiciary Section to enforce the judicial salary requirements set out by Section 659.012 of the Government Code. The Comptroller's office must reduce the state portion of a district judge's salary if the sum of the judge's state salary plus county supplement exceeds the $111,000 annual salary cap provided by law, as long as the county or counties providing the supplement are subject to the cap.[29] Twelve district judges had the state-paid portion of their salaries reduced in fiscal 2004 to meet this cap, according to Comptroller salary records.[30]
The regular session of the 2003 Legislature authorized Harris, Tarrant and Travis counties to supplement their district judges' salaries so that the judges' total salaries exceeded the annual salary cap.[31] Officials from these counties requested an Attorney General's opinion to determine if the Comptroller's office is required by law to reduce the state salaries paid to district judges in these counties if their supplements would place the judges' total salaries beyond the salary cap.[32]
In a September 10, 2003 opinion, the Office of the Attorney General ruled that "the comptroller may not reduce the judges' salaries in accordance with Government Code, Section 659.012(e)," noting that "to the extent that the General Appropriations Act requires the comptroller to reduce the state salaries in this situation, it unconstitutionally seeks to amend general law."[33] The Harris, Tarrant and Travis County commissioners courts then approved fiscal 2004 salary increases for their district judges that placed the judges' total salaries above the cap.
In a subsequent special session, the Legislature authorized Collin, Ellis, Hill and Williamson counties to follow suit.[34]
District and County AttorneysThe judicial salaries set by the Legislature also affect district and county attorney salaries. As noted above, certain district attorneys, criminal district attorneys and county attorneys performing the duties of a district attorney (i.e., a prosecutor) are entitled to receive state compensation equal to that of a district court judge.[35] In addition, Government Code Section 41.013 sets the compensation of certain district attorneys and criminal district attorneys at 80 percent of a district judge's annual compensation (Exhibit 7) and Section 46.0031 sets the supplement for other county prosecutors, also indexed to a district judge's salary.[36]
EXHIBIT 7
Fiscal 2004 Prosecutor SalariesProsecutors Amount Set by Legislature Maximum Amount Set by Statute* Amount Paid by the State* County Supplement** Estimated Current Annual Salary Cost To State Under Professional Prosecutors' Law
(Government Code 46.002 and 46.003): 138 District Attorneys, Criminal District Attorneys and County Attorneys$101,700 $101,700
(100 percent of district judge salary)$101,700 Supplements paid to district attorneys range from $35,975 to $1,200; to criminal district attorneys, from $68,000 to $1,200; and to county attorneys, from $31,282 to $1,800. $14,034,600 Not Under Prosecutors' Law
(Government Code 431.013): 15 District Attorneys, Criminal District Attorneys and County Attorneys$81,360 $81,360
80 percent of district judge salary)$81,360 $0 $1,220,400 *Maximum amount and percentage differential established by Government Code Section 659.012.
**Texas counties supplemented the salaries of 24 criminal district attorneys, 45 district attorneys and 13 county attorneys.
Sources: Annual Report of the Texas Judicial System, Office of Court Administration; General Appropriations Act, 78th Legislature, Regular Session; and Texas Comptroller of Public Accounts.
Judicial Salary ComparisonsSince 1990, the Legislature has increased the salaries for appellate and trial court judges four times, most recently in 1999, effective for fiscal 1998 (Exhibit 8).[37]
EXHIBIT 8
Appropriated Judicial Salaries*
Fiscal 1990 through 20051990-
19911992-
19931994-
19951996-
19971998-
19992000-
20012002-
20032004-
2005Texas Supreme Court Chief Justice (1) $82,500 $91,875 $97,470 $97,470 $105,247 $115,000 $115,000 $115,000 Associate Justice (8) $82,000 $89,250 $94,686 $94,686 $102,463 $113,000 $113,000 $113,000 Court of Criminal Appeals Presiding Judge (1) $82,500 $91,875 $97,470 $97,470 $105,247 $115,000 $115,000 $115,000 Associate Judge (8) $82,000 $89,250 $94,686 $94,686 $102,463 $113,000 $113,000 $113,000 Courts of Appeal (14) Chief Justice (14) $74,250 $85,288 $90,482 $90,482 $97,870 $107,850 $107,850 $107,850 Associate Justice (66) $73,800 $84,788 $89,952 $89,952 $97,340 $107,350 $107,350 $107,350 District Courts District Judges $73,800 $80,325 $85,217 $85,217 $92,217 $101,700 $101,700 $101,700 Number of District Judges 375 386 386 387 396 396 418 418 *These salaries were appropriated as line items in the courts' appropriations bill pattern each biennium. In 1997, the Legislature included a rider to raise judicial salaries for fiscal 1998-1999, contingent upon a finding of fact by the Comptroller of Public Accounts that sufficient revenue existed to do so. The Comptroller's office did in fact make the finding and salaries were later increased.
Sources: General Appropriations Acts, 1989 - 2003, Texas Legislature.When the salaries are adjusted to 2004 dollars, however, it can be seen that they actually declined toward the end of the period. For the current biennium, a Supreme Court justice is making 1 to nearly 3 percent less in 2004 dollars than in the 1990-1991 biennium (Exhibit 9).
EXHIBIT 9
Texas Judicial Salaries, 1990-1991 through 2004-2005 Biennia
Actual and Constant 2004 Dollars1990-
19911992-
19931994-
19951996-
19971998-
1999*2000-
20012002-
20032004-
2005Percent Change Supreme Court Chief Justice (Actual) $82,500 $91,875 $97,470 $97,470 $112,500 $115,000 $115,000 $115,000 Adjusted to 2004 $116,129 $120,650 $121,493 $114,733 $127,340 $125,178 $117,931 $115,000 -1.0% Associate Justice (Actual) $82,500 $89,250 $94,686 $94,686 $111,000 $113,000 $113,000 $113,000 Adjusted to 2004 $116,129 $117,202 $117,697 $111,456 $124,756 $123,001 $115,880 $113,000 -2.7% Court of Criminal Appeals Chief Justice (Actual) $82,500 $91,875 $97,470 $97,470 $112,500 $115,000 $115,000 $115,000 Adjusted to 2004 $116,129 $120,650 $121,157 $114,733 $126,436 $125,178 $119,325 $115,000 -1.0% Associate Justice (Actual) $82,000 $89,250 $94,686 $94,686 $111,000 $113,000 $113,000 $113,000 Adjusted to 2004 $115,425 $117,202 $117,697 $111,456 $124,756 $123,001 $117,250 $113,000 -2.1% Courts of Appeal Chief Justice (Actual) $74,250 $85,288 $90,482 $90,482 $106,175 $107,850 $107,850 $107,850 Adjusted to 2004 $107,088 $112,000 $112,471 $106,508 $119,336 $117,395 $111,906 $107,850 0.7% Associate Justice (Actual) $73,800 $84,788 $89,952 $89,952 $105,450 $107,350 $107,350 $107,350 Adjusted to 2004 $106,439 $111,343 $111,812 $105,884 $118,518 $116,851 $111,387 $107,350 0.9% Trial Courts District Court Judge (Actual) $73,800 $80,325 $85,217 $85,217 $99,900 $101,700 $101,700 $101,700 Adjusted to 2004 $106,439 $105,482 $105,926 $100,310 $112,280 $110,701 $105,525 $101,700 -4.5% Note: Actual and adjusted salaries are those paid by the state and do not include county supplements.
*Judicial salaries were raised in both 1998 and 1999; for the 1998-1999 biennium, the number cited is an average.
Sources: General Appropriations Acts 1994-2005, Texas Legislature; and Texas Comptroller of Public Accounts.Between 1990 and 2004, judges' salaries fared slightly better than those of classified full-time state employees (Exhibit 10).
EXHIBIT 10
Statewide Average Annual Salary
Classified Full-time Texas State Employees, 1990-2004
Actual and Constant 2004 DollarsYear Average Salary* Adjusted to 2004 Dollars** 1990 $23,316 $33,628 1991 $23,842 $32,735 1992 $24,285 $32,371 1993 $25,257 $32,668 1994 $25,364 $31,963 1995 $25,661 $31,457 1996 $26,107 $31,136 1997 $27,503 $31,947 1998 $26,914 $30,759 1999 $27,407 $30,735 2000 $29,340 $31,892 2001 $30,104 $31,697 2002 $31,975 $33,178 2003 $32,407 $32,840 2004 $32,521 $32,521 Percent Change 39.5% -3.3% * State Auditor's Office average salary amounts based on data from the Texas Comptroller of Public Accounts' Human Resources Information System, Standardized Payroll/Personnel Reporting System, and Uniform Statewide Payroll/Personnel System.
** Adjustment to 2004 dollars based on Consumer Price Index for U.S. urban consumers.
Sources: State Auditors' Office and Texas Comptroller of Public Accounts.
Comparisons with Other StatesThe National Center for State Courts (NCSC) publishes an annual survey of judicial salaries in all 50 states and the District of Columbia. Although the structure of court systems varies by state, this national survey employs four broad categories of judges in its salary survey: chiefs of highest courts; associate judges of courts of last resort; judges of intermediate appeals courts; and judges of general jurisdiction trial courts. The survey reports median salaries (the median being the point below which 50 percent of the salaries fall) for states that indicate a range of salaries for a position. The most recent survey also reports average annual percent changes in salaries over the 1997-2003 period (Exhibit 11).
EXHIBIT 11
Judicial Salaries in the U.S. as of October 2003Mean
(Average) SalaryMedian Salary Salary Range Average Annual
Percent Change,
1997-2003Chief, Highest Court $130,221 $125,485 $95,000 to $191,483 2.9% Associate, Court of Last Resort $125,292 $122,418 $95,000 to $175,575 3.3% Judge, Intermediate Appellate Court $121,697 $117,000 $91,469 to $164,604 3.2% Judge, General Jurisdiction Trial Court $112,724 $109,810 $86,896 to $154,700 3.4% Source: National Center for State Courts. These figures indicate a fairly low level of growth in judicial salaries nationwide over the last six years, with chief justices of the highest courts receiving the lowest average annual change in salary (2.9 percent). The salary ranges also indicate that pay for these positions can be almost twice as high in some states as in others.
Judicial salaries for courts of last resort, intermediate appellate and general trial courts in all 50 states are presented in Appendix II of this report. These appendices illustrate that Texas ranks 38th in judicial salaries for courts of last resort; 34th in judicial salaries for intermediate appellate courts; and 26th in judicial salaries for general trial courts.
Judicial salaries in the ten most populous states and the federal court system are presented in Exhibit 12. As the exhibit illustrates, Texas has the lowest judicial salaries in every category. Among the ten states examined, California has the highest salaries in every category for which it employs judges (the California system does not have district courts). Judicial salaries are higher in the federal court system than in any state court system.
EXHIBIT 12
Judicial Salaries for the Ten Largest States and the Federal Judicial System 2003Chief Justice Associate Justice Superior Court Court of Appeals District or
Circuit CourtCalifornia $191,000 $176,000 $144,000 $165,000 N/A Michigan $165,000 $165,000 N/A $151,000 $138,000 New Jersey $164,000 $159,000 $141,000 $150,000 N/A Illinois $158,000 $158,000 N/A $149,000 $137,000 New York $156,000 $151,000 $137,000 $144,000 $123,000 Florida $154,000 $154,000 N/A $142,000 $133,000 Georgia $153,000 $153,000 $122,000 $152,000 N/A Pennsylvania $143,000 $140,000 $135,000 $121,000 $60,000 Ohio $134,000 $126,000 N/A $117,000 N/A Texas $115,000 $113,000 N/A $107-$112,000 $102,000 -$111,000 NATIONAL AVERAGE $130,221 $125,292 N/A $121,697 $112,724 Federal System $201,000 $193,000 N/A $166,000 $157,000 Source: National Center for State Courts.
Texas Judicial Pay Compared to That of Other State EmployeesFor this report, Comptroller staff reviewed the current state base salaries of statewide elected officials, attorneys, general counsels, administrative law judges and medical professionals. Appellate judges generally earn more than other statewide elected officials and state lawyers, but less than state-employed physicians and psychiatrists (Exhibits 13 and 14).
EXHIBIT 13
Salary Comparison Executive, Legal and Medical State Employees Versus Chief Justice, Supreme Court
Fiscal 2004State Employees Total Number Average Annual Base Salary Number Earning More
than Chief Justice
($115,000)Psychiatrists 119 $132,919 103 Agency Commissioners 28 $110,779 10 Physicians 121 $107,540 66 Agency Directors 41 $88,990 6 Agency Executive Directors 56 $80,297 4 General and Public Counsels 116 $77,958 6 Dentists 28 $68,128 0 Legislative Counsels 38 $61,308 0 Assistant Attorneys General 621 $61,272 1 Administrative Law Judges 100 $58,021 0 Attorneys and Special Counsels 836 $55,223 1 Associate Psychologists 231 $37,146 0 Source: Texas Comptroller of Public Accounts.
EXHIBIT 14
Salary Comparison of Statewide Elected Officials Versus Chief Justice, Supreme Court
Fiscal 2004Official Number Annual Base Salary Number Earning More
than Chief Justice
($115,000)Governor 1 $115,345 1 Agriculture Commissioner 1 $92,217 0 Attorney General 1 $92,217 0 Comptroller of Public Accounts 1 $92,217 0 Land Commissioner 1 $92,217 0 Railroad Commissioner 3 $92,217 0 Source: Texas Comptroller of Public Accounts.
Private Sector ComparisonsAlthough the salaries paid to Texas judges are high compared to those received by the average Texas wage earner, it is important to examine the types of salaries that judges could earn should they leave the bench. According to the U.S. Department of Labor's occupational employment and wage estimates, based on a May 2003 survey, Texas lawyers earned a mean (average) annual salary of $117,870, 9 percent higher than the national mean of $107,800.[38]
The most recent State Bar of Texas report on lawyers' salaries, based on 2000 data and published in 2001, indicated that the median income of private law practitioners in Texas with three to six years of experience was $81,908; with seven to ten years' experience, $96,874; and with 11 to 15 years' experience, $122,177. These salaries are equivalent to 71, 84 and 106 percent, respectively, of the salaries paid to the chief justice of the Supreme Court and the presiding judge of the Court of Criminal Appeals.
The median income for private lawyers with experience levels roughly equivalent to those of the state's appellate judges was $147,916, 28.6 percent higher than the salaries of the chief justice and the presiding judge (Exhibit 15). For large firms of 100 or more attorneys, the median income paid to attorneys with similar levels of experience was $250,000.[39]
EXHIBIT 15
Median Salaries for Judges and Attorneys in Texas, 2000Entity Median years licensed Salary Supreme Court 23 - Chief Justice $115,000 - Associate Justice $113,000 Court of Criminal Appeals 25 - Chief Justice $115,000 - Associate Justice $113,000 Court of Appeals 24 $107,850 District Court 24 $101,700 Private Practice Attorney 21 to 25 $147,916 Corporate/In-House Counsel 21 to 25 $156,250 City Attorneys more than 15 $70,832 County Attorneys more than 15 $69,444 State Attorneys more than 15 $64,422 Federal Attorneys more than 15 $102,273 Source: State Bar of Texas, 2001. The National Association of Law Placement, an association of law school career services professionals and lawyer personnel administrators, surveys law firms to determine the median base salary paid to recent law school graduates by law firm size and years of practice. Exhibit 16 shows the national median salary of first- through eighth-year associates (licensed attorneys who are salaried employees of a law firm and do not share in the firm's profits) at small, medium and large law firms.[40]
EXHIBIT 16
National Median Base Salaries for Associate Attorneys by Years of Experience and Law Firm SizeAssociate Year Law Firm Size (Number of Attorneys) 2 - 25 51-100 101-250 501 or more All Sizes First $65,000 $81,000 $88,500 $120,000 $95,000 Second $70,000 $84,000 $89,500 $130,000 $100,000 Third $75,000 $87,000 $91,812 $137,500 $105,000 Fourth $82,000 $91,750 $96,200 $150,000 $110,000 Fifth $82,063 $97,000 $102,000 $155,000 $115,250 Sixth $87,000 $98,000 $110,000 $167,500 $121,750 Seventh $85,400 $104,000 $127,076 $175,000 $128,500 Eighth $95,015 $108,000 $139,000 $185,000 $135,000 Source: National Association for Law Placement. Law schools, such as the University of Texas School of Law, survey new graduates to gauge their subsequent success in the marketplace. Exhibit 17 shows survey information for 2000, 2001 and 2002. In those years, first-year attorneys in private practice earned 88 to 93 percent of the salary of the chief justice of the Supreme Court. The average salary was 75 to 79 percent of the salary of the chief justice of the Supreme Court. Salaries for recent graduates in public service (non-profit corporations) actually fell by 33 percent over the same period.
EXHIBIT 17
University of Texas School of Law Average First-Year Salaries
2000, 2001 and 2002 Graduates2000 Graduates 2001 Graduates 2002 Graduates Overall $85,675 $81,624 $90,971 Private Practice $101,401 $102,123 $107,439 Government $42,951 $39,466 $41,085 Judicial Clerkship $39,753 $41,195 $41,344 Public Service $42,750 $38,802 $28,300 Source: The University of Texas School of Law.
Federal Judicial PayFederal salaries for the judiciary have prompted similar concerns about pay inadequacies. Federal judges' pay currently is linked to the salaries of members of Congress.
Judges at the federal level may receive annual cost of living adjustments (COLAs), but because their salaries are tied to congressional salaries, if Congress chooses to deny itself a COLA, federal judges cannot receive it either.
Over the past decade, federal judges have received five COLAs. Despite these, their salaries have experienced a 9.8 percent decline in real purchasing power since 1993.[41]
The American Bar Association and Federal Bar Association issued a report in 2001 and a 2003 follow-up showing how the salaries of federal judges have declined in real dollars. They called for remedial action, without which, they argue, the capacity of the federal government to attract and retain the very best talent in public office will be jeopardized. Over the last 30 years, federal judicial salaries have declined in real value, while the salary of the average American worker rose by 17.5 percent in real terms.[42]
Chief Justice William H. Rehnquist stated in his 2000 Year-End Report that he considers the need for increased judicial pay to be "the most pressing issue facing the judiciary today."[43]
EXHIBIT 18
Effects of Converting 95/90 Pay Scale to 120/110, Including 5.21 Percent IncreaseOriginal State Salary or Supplement Raised to Additional Salary Expense per Judge Total Additional Salary Expense Additional Retirement Benefits (JRS II, 16.83%) Plus FICA (Medicare only at 1.45%)* Total Additional Cost to State Supreme Court Chief Justice (1) $115,000 $152,852 $37,852 $37,852 $6,370 $549 $44,771 Justice (8) $113,000 $150,852 $37,852 $302,816 $50,964 $4,391 $358,171 Court of Criminal Appeals Presiding Judge (1) $115,000 $152,852 $37,852 $37,852 $6,370 $549 $44,771 Judges (8) $113,000 $150,852 $37,852 $302,816 $50,964 $4,391 $358,171 Court of Appeals Chief Justice (14) $107,850 $138,781 $30,931 $433,034 $72,880 $6,279 $512,193 Justice (66) $107,350 $138,281 $30,931 $2,041,446 $343,575 $29,601 $2,414,622 District Courts Average district judge salary in 5 largest counties (fiscal 2005, including local supplement and 5.21 percent increase) $125,710 District Judges and Criminal District Judges (424) $101,700 $107,000 $5,300 $2,247,200 $378,204 $32,584 $2,657,988 Prosecutors Under Prof. Pros. Act (138) $101,700 $107,000 $5,300 $731,400 $123,095 $10,605 $865,100 Not under Prof. Pros. Act (15) $81,360 $85,600 $4,240 $63,600 $10,704 $922 $75,226 Assistant District Attorneys, 53rd Judicial District (Travis County) (2) $2,808 $0 $0 $0 $0 $0 $0 County Prosecutors Supplement (average) (170) $25,076 $26,385 $1,309 $222,547 $0 $0 $222,547 TOTAL $6,420,563 $1,043,126 $89,871 $7,553,560 Figures may not add due to rounding.
* Employers pay Social Security (6.2%) on the first $90,000 for 2005 taxable salaries and wages. Because these salaries already exceed that cap, no additional Social Security tax is owed. Employers pay Medicare (1.45%) taxes on all salary amounts.
Source: Texas Comptroller of Public Accounts.A 2003 report by the National Commission on Public Service, chaired by former Federal Reserve Board Chairman Paul Volcker and directed by the Brookings Institution's Center for Public Service, described judicial salaries as "the most egregious example of the failure of federal compensation policies. Federal judicial salaries have lost 24 percent of their purchasing power since 1969, which is arguably inconsistent with the Constitutional provision that judicial salaries may not be reduced by Congress."[44]
On May 7, 2003, Senator Orrin Hatch (R-UT) and Patrick Leahy (D-VT) introduced legislation (S. 1023) to raise the salaries of federal judges by 16.5 percent, an average pay increase of $24,948 across all judicial offices.[45] S. 1023 passed the Senate Judiciary Committee in June 2003 but has not been debated by the Senate. The House companion legislation (H.R. 2118) was referred to the House Judiciary Committee in June 2003 and also has not been debated.
Judicial Salary CommissionsAccording to the NCSC, judicial salaries are set by state legislatures or based on recommendations made by judicial salary commissions. Some states provide their judiciary with COLAs or otherwise link compensation increases to the consumer price index.[46]
Twenty-one states (Alabama, Alaska, Arizona, Colorado, Connecticut, Delaware, Georgia, Hawaii, Illinois, Iowa, Louisiana, Maine, Maryland, Michigan, Minnesota, Missouri, Oregon, Rhode Island, Utah, Washington and New Jersey) have permanent judicial compensation commissions.[47]
Texas has attempted to establish such a commission, without success.[48] One such attempt was the 1995 Texas Commission on Judicial Efficiency, which recommended creating a commission to make proposals on judicial salaries to the Legislature.[49] Another occurred in 1999, when voters defeated a proposed amendment to the Texas Constitution that would have created an independent panel to determine judicial salaries.[50] The criteria for the proposed panel's decisions would have included:
- a determination of the level of compensation necessary to attract highly qualified individuals to serve in the judiciary, unaffected by financial concerns;
- the skill, experience and time required by the judgeship;
- comparable compensation paid to judges in other states, including federal judges, private attorneys, arbitrators and mediators, state officeholders, university officials and district attorneys; and
- changes in the cost of living.
Retirement BenefitsThe Employees Retirement System (ERS) provides retirement and death and disability benefits for judges, justices and court commissioners. Judges who began service prior to September 1, 1985 are members of Judicial Retirement System Plan One (JRS I). Judges who began service after August 31, 1985 are members of the Judicial Retirement System Plan Two (JRS II).[51]
Members of JRS I and JRS II are required to contribute 6 percent of their compensation to general revenue, with contributions ending after the member has accrued 20 years of credit. State contributions continue thereafter.
For JRS I, the state does not contribute a specific rate but rather appropriates funds to administer the plan on a pay-as-you go basis. For JRS II, a new contribution rate for the next biennium is established by the state based on actuarial calculations. The current state contribution rate for JRS II is 16.83 percent of the total payroll of its members.[52]
Because some counties supplement the compensation of state judges and prosecutors with their own funds, their retirement systems have provisions allowing state judges and prosecutors to participate in the Texas County and District Retirement System (TCDRS) plan. In 2002 (most recent data available), 128 counties allowed district judges to participate in TCDRS; 69 counties allowed state prosecutors to participate.[53]
Recommendations
The Legislature should increase all state judges' salaries and revise the current "95/90" plan.District judges should receive a minimum 5.21 percent raise, bringing their base salary to $107,000. Furthermore, rather than basing all judges' pay on either 95 or 90 percent of a Supreme Court justice's salary, the Legislature should pay Supreme Court justices 120 percent of the average salary of district judges, including local supplements, in the five largest metropolitan counties -- Harris, Dallas, Bexar, Tarrant and Travis. Courts of appeals justices should receive 110 percent of that amount, with all other differentials remaining in place.
This would cost the state an additional $7.6 million annually.
In fiscal 2005, the average district judge salary in the five largest metropolitan counties, including the 5.21 percent salary increase, is $125,710. According to the proposed 120/110 formula, judges on the Supreme Court and Court of Criminal Appeals would earn $150,852, an increase of $37,852 annually. This would raise Texas salaries from 38th to 9th place nationally for judges on courts of last resort, according to 2003 data (Exhibit 23).
Courts of appeals justices would earn $138,281 annually, raising them from 34th to 9th among national salaries for their peers, according to 2003 data (Exhibit 24). The average statewide district judge salary for fiscal 2005, with the 5.21 percent raise and current local supplements in place, would be $117,683, raising Texas from 26th to 18th place nationally, based on 2003 data (Exhibit 25).
Should the Legislature retain the 95/90 plan and raise salaries, Exhibit 19 outlines the total cost per $1,000 increment. This exhibit does not include the increased cost in 2005 for the federally mandated raise in the income threshold for FICA. The total annual cost per $1,000 raise under the current salary plan is $764,133.
EXHIBIT 19
Costs per $1,000 Raise to the Salary of Chief Justice, Supreme Court
Under Current LawCost Per $1000
Under Current 95/90 SystemCurrent State Salary or Supplement Additional Salary Expense per Person Total
Additional
Salary ExpenseTotal
Additional JRS
Contribution (16.83%)plus FICA (7.65%;
Medicare only at 1.45%)*Total
Additional Annual ExpenseSupreme Court Chief Justice (1) $115,000 $1,000 $1,000 $168 $15 $1,183 Justice (8) $113,000 $1,000 $8,000 $1,346 $116 $9,462 Court of Criminal Appeals Presiding Judge (1) $115,000 $1,000 $1,000 $168 $15 $1,183 Judges (8) $113,000 $1,000 $8,000 $1,346 $116 $9,462 Court of Appeals Chief Justice (14) $107,850 $950 $13,300 $2,238 $193 $15,731 Justice (66) $107,350 $950 $62,700 $10,552 $909 $74,162 District Courts District Judges and Criminal District Judges (424) $101,700 $900 $381,600 $64,223 $5,533 $451,356 Prosecutors Under Prof. Pros. Act (138) $101,700 $900 $124,200 $20,903 $1,801 $146,904 Not under Prof. Pros. Act (15) $81,360 $720 $10,800 $1,818 $157 $12,774 Assistant District Attorneys Supplement, 53rd Judicial District (Travis County) (2) $2,808 $ - $ - $ - $ - $ - County Prosectors Supplement (average) (170) $25,076 $247 $41,915 $ - $ - $41,915 TOTAL $652,515 $102,762 $8,854 $764,133 Figures may not add due to rounding.
Note: Does not include other retirement costs that may be affected by this increase.
*Employers pay Social Security (6.2%) on the first $90,000 for 2005 taxable salaries and wages. Employers pay Medicare (1.45%) taxes on all salary amounts.
Source: Texas Comptroller of Public Accounts.
The Legislature should allow all Texas counties, rather than the present handful, to increase their supplements beyond the current cap.This recommendation could be implemented when all judges receive a raise. It would give counties the flexibility needed to adjust salaries based on local conditions.
The Legislature should require the Office of Court Administration to gather data biennially on judicial turnover, and should require the State Bar of Texas to do the same for private-practice salaries.Reliable, unbiased data on the judiciary and the private legal profession should enhance public interest in and approval of judicial pay raise requests.
Note to Fiscal EstimatesCurrent judicial benefits for those who became judges after 1985 include, in addition to base salaries, a 16.83 percent state contribution to judicial retirement. This percentage is recalculated each biennium to allow the judicial retirement funds to remain solvent.
Federal FICA taxes have two components -- Social Security (12.4 percent) and Medicare (2.9 percent) -- that are paid equally by the employer and the employee. Social Security taxes are owed up to a cap of $87,900 in salary for 2004. In 2005, the cap will be raised to $90,000. Because current judicial salaries already exceed that cap, no additional Social Security taxes will be owed should judicial salaries increase. (The salaries of prosecutors not under the Professional Prosecutors Act are currently below the cap, so their FICA benefits are calculated including both Social Security and Medicare taxes.) The state-paid portion of Medicare adds an additional 1.45 percent cost for all salaries.
Health insurance costs are not included as additional costs in these estimates because they depend upon the number of judges, not their salaries. These estimates assume no change in the number of judges or courts.
Appendix IJudicial Caseload Comparisons
The 50 states had 29,428 judges and other judicial officers (commissioners, magistrates and referees) in 2002. The number of state judges has risen by about 0.5 percent annually over the last decade, while the growth in the number of non-traffic court cases has risen by 2 to 3 percent annually.[54]
The National Center for State Courts collects information on court filings in all 50 states. According to NCSC's annual survey, state courts received more than 96.2 million filings in 2002. More than half (57.6 percent) of these filings were traffic cases (Exhibit 20).[55]
EXHIBIT 20
State Court Cases Filed in 2002Type of Case Percentage of
Total CasesTraffic 57.6% Civil 16.3% Criminal 15.4% Domestic 4.6% Juvenile 2.0% Note: Numbers may not add to 100 percent due to rounding.
Source: National Center for State Courts.One statistic calculated as part of the NCSC annual survey is total court filings per 100,000 citizens. This measure can be used to compare judicial workloads, although such comparisons can only be approximate since court systems vary in structure. It should be noted that these figures represent not only cases heard by state district and appellate courts, but also county and municipal courts.
In 2002, Texas led the ten most populous states in this measure for criminal court filings, yet had the second-lowest result for civil findings (Exhibits 21 and 22).
EXHIBIT 21
State Court Criminal Filings Per 100,000 Residents, 2002State Rank by Population Size
(2000 Census)Criminal Court Filings California 1 2,127 New York 3 3,266 Georgia 10 3,304 Pennsylvania 6 3,363 Florida 4 3,973 Illinois 5 4,442 Michigan 8 4.568 New Jersey 9 5,549 Ohio 7 6,515 Texas 2 10,214 Note: court systems vary by state, so caseloads also may reflect varying court structures.
Source: National Center for State Courts and U.S. Census Bureau.These statistics suggest that Texas courts receive five times as many criminal court filings as those in the most populous state, California.
EXHIBIT 22
State Court Civil Filings Per 100,000 Residents, 2002State Rank by Population Size
(2000 Census)Civil Court Filings California 1 4,470 Texas 2 4,697 Illinois 5 5,656 Pennsylvania 6 6,576 Ohio 7 8,628 Michigan 8 8,637 Florida 4 8,728 Georgia 10 8,757 New York 3 11,840 New Jersey 9 12,319 Note: court systems vary by state, so caseloads may also reflect varying court structures.
Source: National Center for State Courts and U.S. Census Bureau.
Appendix IIJudicial Salaries Comparison
EXHIBIT 23
Judicial Salaries for Courts of Last Resort (2003)Rank State Salary Judicial Salaries Population California $175,575 1 1 Michigan $164,610 2 8 New Jersey $158,500 3 9 Illinois $158,103 4 5 Florida $153,750 5 4 Georgia $153,086 6 10 Alabama $152,027 7 23 New York $151,200 8 3 Delaware $147,000 9 45 Nevada $140,000 10 35 Pennsylvania $139,585 11 6 Connecticut $138,404 12 29 Washington $134,584 13 15 Rhode Island $132,816 14 43 Virginia $132,523 15 12 Maryland $131,600 16 19 Minnesota $129,674 17 21 Massachusetts $126,943 18 13 Arizona $126,525 19 20 Arkansas $126,504 20 33 Ohio $125,500 21 7 Kentucky $124,415 22 25 Tennessee $123,684 23 16 Missouri $123,000 24 17 Wisconsin $122,418 25 18 Iowa $120,100 26 30 South Carolina $119,510 27 26 Nebraska $119,276 28 38 Louisiana $118,301 29 22 Alaska $117,900 30 48 Hawaii $115,547 31 42 North Carolina $115,336 32 11 Indiana $115,000 33 14 Kansas $114,769 34 32 Utah $114,050 35 34 Colorado $113,637 36 24 New Hampshire $113,266 37 41 Texas $113,000 38 2 Vermont $109,771 39 49 Oklahoma $106,716 40 27 Oregon $105,200 41 28 Wyoming $105,000 42 50 Maine $104,929 43 40 South Dakota $102,684 44 46 Mississippi $102,300 45 31 Idaho $102,125 46 39 North Dakota $99,122 47 47 New Mexico $96.283 48 36 Montana $95,493 49 44 West Virginia $95,000 50 37 District of Columbia $164,000 Federal System $193,000 Average $122,418 Median $125,292 Sources: National Center for State Courts and U.S. Census Bureau.
EXHIBIT 24
Judicial Salaries for Intermediate Appellate Courts (2003)Rank State Salary Judicial Salaries Population California $164,604 1 1 Georgia $152,139 2 10 Michigan $151,441 3 8 Alabama $151,027 4 23 New Jersey $150,000 5 9 Illinois $148,803 6 5 New York $144,000 7 3 Florida $141,963 8 4 Pennsylvania $135,213 9 6 Connecticut $129,988 10 29 Washington $128,116 11 15 Virginia $125,899 12 12 Arizona $123,900 13 20 Maryland $123,800 14 19 Minnesota $122,186 15 21 Arkansas $122,093 16 33 Kentucky $119,380 17 25 Tennessee $117,924 18 16 Massachusetts $117,467 19 13 Ohio $117,000 20 7 South Carolina $116,521 21 26 Iowa $115,540 22 30 Wisconsin $115,490 23 18 Missouri $115,000 24 17 Nebraska $113,312 25 38 Louisiana $112,041 26 22 Alaska $111,384 27 48 Kansas $110,794 28 32 Hawaii $110,618 29 42 North Carolina $110,530 30 11 Indiana $110,000 31 14 Colorado $109,137 32 24 Utah $108,900 33 34 Texas $107,350 34 2 Oregon $102,800 35 28 Oklahoma $101,714 36 27 Idaho $101,125 37 39 Mississippi $95,500 38 31 New Mexico $91,469 39 36 Delaware N/A N/A 45 Maine N/A N/A 40 Montana N/A N/A 44 Nevada N/A N/A 35 New Hampshire N/A N/A 41 North Dakota N/A N/A 47 Rhode Island N/A N/A 43 South Dakota N/A N/A 46 Vermont N/A N/A 49 West Virginia N/A N/A 37 Wyoming N/A N/A 50 District of Columbia N/A N/A N/A Federal System $165,500 Average $117,000 Median $121,697 Sources: National Center for State Courts and U.S. Census Bureau.
EXHIBIT 25
Judicial Salaries for General Trial Courts (2003)Rank State Salary Judicial Salaries Population California $143,838 1 1 New Jersey $141,000 2 9 Delaware $140,200 3 45 Michigan $139,919 4 8 New York $136,700 5 3 Illinois $136,546 6 5 Florida $133,250 7 4 Nevada $130,000 8 35 Connecticut $125,000 9 29 Virginia $123,027 10 12 Washington $121,972 11 15 Georgia $121,938 12 10 Pennsylvania $121,225 13 6 Arizona $120,750 14 20 Maryland $119,600 15 19 Rhode Island $119,579 16 43 Arkansas $118,128 17 33 Minnesota $114,700 18 21 Kentucky $114,348 19 25 South Carolina $113,535 20 26 Tennessee $112,836 21 16 Massachusetts $112,777 22 13 Alabama $111,973 23 23 Nebraska $110,330 24 38 Iowa $109,810 25 30 Texas $109,158 26 2 Alaska $109,032 27 48 Wisconsin $108,950 28 18 Missouri $108,000 29 17 Ohio $107,600 30 7 Hawaii $106,922 31 42 New Hampshire $106,187 32 41 Louisiana $105,780 33 22 Colorado $104,637 34 24 North Carolina $104,523 35 11 Vermont $104,355 36 49 Utah $103,700 37 34 Kansas $100,255 38 32 Wyoming $100,000 39 50 Maine $98,377 40 40 South Dakota $95,910 41 46 Oklahoma $95,898 42 27 Oregon $95,800 43 28 Idaho $95,718 44 39 Mississippi $94,700 45 31 North Dakota $90,671 46 47 Indiana $90,000 47 14 West Virginia $90,000 48 37 Montana $88,164 49 44 New Mexico $86,896 50 36 District of Columbia $154,700 Federal System $157,000 Average $109,810 Median $112,724 Sources: National Center for State Courts and U.S. Census Bureau.
Endnotes[1]National Center for State Courts, Examining the Work of State Courts, 2003 (Williamsburg, Virginia, 2004), p. 9.
[2]National Center for State Courts, Examining the Work of State Courts, 2003, p. 77.
[3]Office of Court Administration, "Judicial Branch: Structure and Operation," http://www.courts.state.tx.us/publicinfo/AR2003/jb/index.htm. (Last visited July 7, 2004.)
[4]Texas Judicial Council, Committee on the Equalization of Appellate Court Funding, State Funding for Texas' Appellate Courts (Austin, Texas, January 2002), pp. 9-10.
[5]Office of Court Administration, "Texas Judicial System Annual Report 2003: Caseload Trends in the Supreme Court," available in pdf format at http://www.courts.state.tx.us/publicinfo/AR2003/sc/caseload_trends.pdf. (Last visited July 9, 2004.)
[6]Office of Court Administration, "Profile of Appellate and Trial Judges (as of December 30, 2003)," Austin, Texas.
[7]Austin American Statesman, "Perry Makes Historic Supreme Court Appointment," September 15, 2004.
[8]Office of Court Administration, "Summary of Reported Activity," available in pdf format at http://www.courts.state.tx.us/publicinfo/AR2003/activity/statewide_activity_summary.pdf. (Last visited July 9, 2004.)
[9]State Bar of Texas, Department of Research and Analysis, "Statistical Profile of Texas Judges (2002-2003)."
[10]Office of Court Administration, "Profile of Appellate and Trial Judges (as of December 30, 2003)."
[11]Tex. Const. Art. V, §6.
[12]Office of Court Administration, "Court Structure Of Texas: Descriptive Outline (September 1, 2003)", http://www.courts.state.tx.us/publicinfo/AR2003/jb/index.htm. (Last visited July 9, 2004.)
[13]Office of Court Administration, "Texas Judicial System Annual Report 2003: Caseload Trends in the Fourteen Courts of Appeals," available in pdf format at http://www.courts.state.tx.us/publicinfo/AR2003/coa/caseload_trends.pdf. (Last visited April 1, 2004.)
[14]State Bar of Texas, Department of Research and Analysis, "Statistical Profile of Texas Judges (2001-2002)", available in pdf format at http://www.texasbar.com/members/buildpractice/research/JUDGES.PDF. (Last visited August 21, 2003.)
[15]Office of Court Administration, "Profile of Appellate and Trial Judges (as of December 30, 2003)."
[16]Tex. Const. Art. V, §7.
[17]Due to legislation passed in the 2003 regular and special sessions, the Office of Court Administration now counts 424 district courts, with one more becoming effective on September 1, 2005. The fiscal 2004-2005 General Appropriations Act funds an estimated 418 judges' salary, but allowed funding for additional judges.
[18]Office of Court Administration, "Court Structure Of Texas, Descriptive Outline (September 1, 2003)."
[19]Office of Court Administration, "Caseload Trends in the District Courts," http://www.courts.state.tx.us/publicinfo/AR2003/district/index.htm. (Last visited July 9, 2004.)
[20]State Bar of Texas, Department of Research and Analysis, "Statistical Profile of Texas Judges (2001-2002)," available at http://www.texasbar.com/members/buildpractice/research/JUDGES.PDF. (Last visited August 21, 2003.)
[21]Office of Court Administration, "Profile of Appellate and Trial Judges (as of December 30, 2003)."
[22]Tex. Gov't Code Ann. §46.003.
[23]Tex. Gov't Code Ann. §41.013.
[24]Tex. H.B. 1, 77th Leg., Reg. Sess., Section IV, Judiciary.
[25]Tex. Gov't Code Ann. §31.
[26]Office of Court Administration, "Judicial Branch: Structure and Operation; Courts of Appeals Justices and District Court Judges Supplemental Compensation;" and "Courts of Appeals; Counties in Courts of Appeals Districts," both available at http://www.courts.state.tx.us/publicinfo/AR2003/jb/index.htm. (Last visited July 22, 2004.)
[27]Texas Comptroller of Public Accounts, Judiciary Section, computer printout generated July 6, 2004.
[28]Tex. S.B. 828, H.B.858, and H.B. 2402, 78th Leg., Reg. Sess. (2003); and Tex. H.B. 28, 78th Leg., 3rd Called Sess. (2003).
[29]Tex. H.B. 1, 78th Leg., Reg. Sess. (2003), p. IV-25.
[30]Texas Comptroller of Public Accounts, Judiciary Section, internal data.
[31]Tex. S.B. 828, H.B.858, and H.B. 2402, 78th Leg., Reg. Sess. (2003).
[32]Texas Office of the Attorney General, Opinion Request RQ-0079-GA (Austin, Texas, July 16, 2003), pp. 1-3.
[33]Texas Office of the Attorney General, Opinion GA-0099 (Austin, Texas, September 10, 2003), p. 8.
[34]Tex. H.B. 28, 78th Leg. 3rd Called Sess. (2003).
[35]Tex. Gov't Code Ann. §46.003.
[36]Tex. Gov't Code Ann. §41.013 and §46.0031.
[37]General Appropriations Bills, 71st (1989) through 78th (2003) Legislatures, Judiciary Section Article IV. These amounts do not include supplemental compensation provided by the counties to the appellate court and trial courts judges.
[38]U.S. Department of Labor, Bureau of Labor Statistics, "Legal Occupations," http://www.bls.gov/oes/2003/may/oes_tx.htm#b23-0000; and "May 2003 National Occupational Employment and Wage Estimates: Legal Occupations," http://www.bls.gov/oes/2003/may/oes_tx.htm#b23-0000 (Last visited September 16, 2004.)
[39]State Bar of Texas, Department of Research and Analysis, 2001 Private Practitioner Income Report (Austin, Texas, 2001), pp. 5-7.
[40]National Association for Law Placement, "Entry-Level Associate Salaries Continue to Remain Stable in Large Firms; NALP Survey Details Private Practice Compensation Ranges," available at http://www.nalp.org/press/asr04.htm. (Last visited September 22, 2004.) For brevity, only selected law firm size data is included in Exhibit 16.
[41]The American Bar Association and the Federal Bar Association, Federal Judicial Pay (Washington, D.C., May 2003), p. 12.
[42]The American Bar Association and the Federal Bar Association, Federal Judicial Pay, p. 13.
[43]The American Bar Association and the Federal Bar Association, Federal Judicial Pay Erosion: A Report on the Need for Reform (Washington, D.C., February 2001), pp. i, 2-3.
[44]The National Commission on the Public Service, Urgent Business for America: Revitalizing the Federal Government for the 21st Century (Washington, D.C., January 2003), p. 22. The report is available in pdf format at http://www.brookings.edu/gs/cps/volcker/urgentbusinessreport.htm. (Last visited September 29, 2004.)
[45]The American Bar Association and the Federal Bar Association, Federal Judicial Pay: An Update on the Urgent Need for Action (May 2003), p. ii-5.
[46]The National Center for State Courts, Memorandum: Setting Judicial Compensation Commissions and Other Mechanisms (Williamsburg, Virginia, April 30, 2002), pp. 1-14.
[47]National Center for State Courts, "Setting Judicial Compensation: Commissions and Other Mechanisms," (Williamsburg, Virginia, April 30, 2002 and March 2003), p. 1.
[48]Janet Elliott, "Prop 9 Measure on Judicial Salaries Rejected by Voters," Texas Lawyer (November 8, 1999), p. 4.
[49]Texas House of Representatives, House Research Organization, Amendments Proposed for November 1999 Ballot (Austin, Texas, August 31, 1999), pp. 33-35.
[50]Tex. S.B. 71, 76th Leg., Reg. Sess.
[51]Employees Retirement System of Texas, Comprehensive Annual Financial Report, Fiscal Year Ending August 31, 2002 (Austin, Texas, November 19, 2002), pp. 12-13.
[52]Towers Perrin, Judicial Retirement System of Texas Plan One and Plan Two, Actuarial Valuations Reports for Fiscal Year ending August 31, 2002, p. 6 -7.
[53]Texas County and District Retirement System, Comprehensive Annual Report, 2002 (Austin, Texas, June 13, 2003), pp. 160-187.
[54]National Center for State Courts Statistics Project, Examining the Work of State Courts, 2003, p. 11.
[55]National Center for State Courts Statistics Project, Examining the Work of State Courts, 2003, p. 10.
