Base Salaries — Annual Supplement — Restrictions on Adding Jurisdiction — Annual Adjustment — Construction
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The annual base salaries for general sessions judges shall be as follows:
Counties of the first class $70,000
Counties of the second class 50,000
Counties of the third class 40,000
Counties of the fourth class 32,000
Counties of the fifth class 26,000
Counties of the sixth class 22,000
Counties of the seventh class 20,000
In addition to the base salary provided by subsection (a), if a general sessions judge in a Class 2 or 3 county has or by operation of law obtains any of the following additional jurisdictions, the general sessions judge shall receive an annual supplement in the amounts indicated below:
Juvenile jurisdiction $20,000
Probate 10,000
Domestic relations 10,000
Workers' compensation 10,000
Regardless of the kind or amount of additional jurisdiction a Class 2 judge may have, the judge shall not receive annual supplements in excess of twenty thousand dollars ($20,000).
Regardless of the kind or amount of additional jurisdiction a Class 3 judge may have, the judge shall not receive annual supplements in excess of forty thousand dollars ($40,000).
In addition to the base salary provided by subsection (a), if a general sessions judge in a Class 4, 5 or 6 county has or by operation of law obtains any of the following additional jurisdictions, the general sessions judge shall receive an annual supplement in the amounts indicated below:
Juvenile jurisdiction $10,000
Probate 5,000
Domestic relations 5,000
Workers' compensation 5,000
Mental health commitments 10,000
Regardless of the kind or amount of additional jurisdiction a Class 4, 5 or 6 judge may have, the judge shall not receive annual supplements in excess of twenty thousand dollars ($20,000).
Upon adoption of a resolution by a two-thirds (2/3) majority vote of the county legislative body, in addition to the base salary and additional supplements stated in subsections (a) and (c), any Class 4, 5 or 6 judge who is required to exercise the duties and powers set forth in title 33, chapter 6, part 4 regarding the emergency custody and hospitalization of persons believed to be mentally ill, due to a mental hospital or treatment source being located in the county where the judge presides, the judge shall receive an additional annual supplement of five thousand dollars ($5,000), which may be in excess of the twenty thousand dollars ($20,000) limitation on supplements set forth in subdivision (c)(2).
In addition to the base salary provided by subsection (a), if a general sessions judge in a Class 7 county has or by operation of law obtains any of the following jurisdictions, the general sessions judge shall receive an annual supplement in the amounts indicated below:
Juvenile jurisdiction $7,500
Probate 2,500
Domestic relations 2,500
Workers' compensation 2,500
Regardless of the kind or amount of additional jurisdiction a Class 7 judge may have, the judge shall not receive annual supplements in excess of ten thousand dollars ($10,000).
On July 1, 1991, the base salaries established by this section shall be adjusted in accordance with subdivision (e)(2) to reflect the percentage of change in the average consumer price index (all items — city average) as published by the United States department of labor, bureau of labor statistics, between calendar year 1989 and calendar year 1990. Each succeeding July 1, a similar adjustment shall be made upon the percentage of change in the average consumer price index between the two (2) calendar years preceding July 1 of the year in which the adjustment is made. However, no reduction shall be made by way of adjustment on account of any decrease in the average consumer price index between the two (2) successive calendar years.
For each two percent (2%) increase in the average consumer price index between two (2) successive calendar years, the base salaries shall be adjusted by one percent (1%). No annual adjustment shall exceed four percent (4%) regardless of the increase in the average consumer price index between any two (2) successive calendar years. Annual adjustments shall be made upon the base salary set out in subsection (a) and the adjustment shall not include any supplement that may be received pursuant to subsection (b) or (c).
The compensation, supplement and annual adjustment provisions of this section are to be construed as minimum levels. Nothing in this part shall be construed as prohibiting a county, by private act, from compensating its general sessions judge or judges at levels in excess of what is required by this part. Any private or public act in effect on September 1, 1990, that provides greater compensation for a general sessions judge than is required by this section shall, to the extent of the judge's amount of compensation, prevail over this part, and the base salary of the judge shall be the salary paid to the holder of that office on August 31, 1990, pursuant to such public or private act, plus a percentage increase equivalent to the same percentage increase given by subsection (a) to a judge of a Class 6 county. Nothing in this part shall prevent a county from establishing and funding the position of part-time general sessions judge in a county with a full-time general sessions judge.
Notwithstanding any provision of law or this part to the contrary, no judge of a general sessions court shall be paid a salary that is greater than the salary paid to a judge of a circuit court.
Effective September 1, 1998, the annual salary for a general sessions court judge shall be increased over the annual compensation and supplements and annual adjustments that each judge actually received as of August 31, 1998, by the lesser of:
Ten thousand dollars ($10,000); or
Twenty percent (20%) of the annual compensation and supplements and annual adjustments as of August 31, 1998.
Notwithstanding any other provision of law to the contrary, each full-time general sessions court judge in a county shall receive the same compensation as the most highly compensated general sessions court judge in that county if the judges have the same jurisdiction.
Instead of the annual adjustments authorized in subsection (e), on July 1, 1999, and each succeeding July 1, the base salaries as adjusted annually and supplements as adjusted annually established by this section shall be adjusted in accordance with § 8-23-103.
The compensation, supplement and annual adjustment provisions of this section are to be construed as minimum levels. The compensation schedule established by this part is a comprehensive plan, and no salary supplement in excess of the supplements provided by this part shall be available to a general sessions judge unless expressly provided and funded by a private act.
Notwithstanding any law to the contrary, a judge of a court of general sessions may not be paid compensation based on both this part and the compensation provisions in a private act.
Nothing in this part shall be construed as prohibiting a county, by private act, from compensating its general sessions judge or judges at levels in excess of what is required by this part. Any private or public act in effect on September 1, 1998, that provides greater compensation for a general sessions judge than is required by this section shall, to the extent of the judge's amount of compensation, prevail over this part, and the base salary of the judge shall be the salary paid to the holder of that office on August 31, 1998, pursuant to the public or private act plus a percentage increase equivalent to the same percentage increase given by subdivision (h)(1) to a judge of a Class 6 county determined as of August 31, 1998.
Notwithstanding any law or public chapter to the contrary, effective September 1, 2006, the annual salary for a general sessions court judge who is compensated under this section shall be increased over the annual compensation and supplements and annual adjustments that each judge actually received as of August 31, 2006, by the lesser of:
Ten thousand dollars ($10,000); or
Twenty percent (20%) of the annual compensation and supplements and annual adjustments as of August 31, 2006.
A judge of a general sessions court may not be paid compensation based on both this part and the compensation provisions of a private act.
Notwithstanding any provision of this subsection (i) to the contrary, each general sessions court judge in a Class 1 county who is compensated under this section shall receive the same compensation as the most highly compensated general sessions court judge in a Class 1 county who is compensated under this section.
Notwithstanding any provision of this subsection (i) to the contrary, each general sessions court judge in a Class 2-7 county who is compensated under this section and who receives the maximum amount of annual supplements shall receive the same compensation as the most highly compensated general sessions court judge in the same county classification who is compensated under this section. All other general sessions court judges in Class 2-7 counties who are compensated under this section shall receive the same compensation as the most highly compensated general sessions court judge in the same county classification with the same jurisdiction who is compensated under this section; provided, however, that no judge shall be paid a salary that reflects jurisdictional supplements that the judge is not entitled to exercise by law.
Instead of the annual adjustments authorized in subsection (e), on July 1, 2007, and each succeeding July 1, the annual compensation and supplements and annual adjustments established under this section shall be adjusted in accordance with § 8-23-103.
Nothing in this part shall be construed as prohibiting a county, by public or private act, from compensating its general sessions court judge or judges at levels in excess of what is required by this section. Any public or private act in effect on September 1, 2006, that provides greater compensation for a general sessions court judge than is required by this section shall, to the extent of the judge's amount of compensation, prevail over this section. Notwithstanding any provision of this subsection (i) to the contrary, a general sessions court judge in a Class 6 county who receives no supplements and who is compensated under the provisions of a private or public act and not under this section shall receive the same increase provided in subdivision (i)(1).
On or before July 15, 2006, each general sessions court judge shall certify to the administrative office of the courts (AOC) the total amount of the judge's actual compensation as of August 31, 2006, the jurisdictions exercised by the judge, the legal basis for exercising the jurisdiction, and whether the judge is compensated under this section or under a public or private act. Included in the information submitted by the judge to the AOC shall be a certification of the county's chief financial officer of the actual compensation of the judge as of August 31, 2006, or other verifiable proof of the judge's actual compensation. When all judges have certified the required information to the AOC, the AOC shall report to each general sessions court judge the amount of compensation to be paid to the general sessions court judge beginning on September 1, 2006, based on the information provided by the judge. Thereafter, when a new court is created, a new judge takes office or any similar change occurs, or upon the completion of a new federal census, the administrative office of the courts shall report the amount of compensation to be paid to any judge affected by the change.
The judges of the general sessions court in any county with a population of not less than three hundred eighty-two thousand (382,000) nor more than three hundred eighty-two thousand one hundred (382,100), according to the 2000 federal census or any subsequent federal census, and that has a charter form of government shall receive the same annual compensation as the general sessions judges in those counties with a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census.
No general sessions judge who engages in the private practice of law shall receive any increase in salary pursuant to this subsection (i), if the judge is prohibited by law from engaging in private practice.
Notwithstanding any provision of law or this part to the contrary, no judge of a general sessions court shall be paid a salary which is greater than the salary paid to a judge of a circuit court.
In addition to the base salary provided by this section, a judge of the general sessions court in any county with a population of not less than eighteen thousand three hundred one (18,301) nor more than eighteen thousand four hundred (18,400), according to the 2010 federal census or any subsequent federal census, shall receive an additional twenty thousand dollars ($20,000) in salary upon adoption of a resolution by a two-thirds (2/3) majority vote of the county legislative body approving the increased salary and if such position is full time.