Bill Text: NJ ACR85 | 2012-2013 | Regular Session | Introduced

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Bill Title: Proposes constitutional amendment linking salaries of New Jersey Supreme Court Justices and Superior Court Judges to salaries of federal judges.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-01-10 - Introduced, Referred to Assembly Judiciary Committee [ACR85 Detail]

Download: New_Jersey-2012-ACR85-Introduced.html

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ASSEMBLY CONCURRENT RESOLUTION No. 85

STATE OF NEW JERSEY

215th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2012 SESSION

 

 

Sponsored by:

Assemblyman  MICHAEL PATRICK CARROLL

District 25 (Morris and Somerset)

 

 

 

 

SYNOPSIS

     Proposes constitutional amendment linking salaries of New Jersey Supreme Court Justices and Superior Court Judges to salaries of federal judges.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  

A Concurrent Resolution proposing to amend to Article VI, Section VI, paragraph 6 of the New Jersey Constitution.

 

     Be It Resolved by the General Assembly of the State of New Jersey (the Senate concurring):

 

     1.    The following proposed amendments to the Constitution of the State of New Jersey are hereby agreed to:

 

PROPOSED AMENDMENTS

 

     Amend Article VI, Section VI, paragraph 6 to read as follows:

 

     6.    The Justices of the Supreme Court [and the Judges of the Superior Court shall receive for their services such salaries as may be provided by law, which shall not be diminished during the term of their appointment.] shall receive the same salary as members of the United States Supreme Court, which shall not be diminished during the Justices' tenure in office.  The amount of such salary shall be certified by the Governor on the first day of January in each year.  Each Judge of the Appellate Division of the Superior Court shall receive the same salary as members of the United States Circuit Court of Appeals, which salary shall not be diminished during any Judge's term of office.  The amount of such salary shall be certified by the Governor on the first day of January in each year.  Each Judge of the Superior Court shall receive the same salary as Judges of the United States District Court, which salary shall not be diminished during any judge's term of office. The amount of such salary shall be certified by the Governor on the first day of January in each year.  They shall not, while in office, engage in the practice of law [or] .  New Jersey Justices and Judges may be permitted to engage in other gainful pursuits, consistent with their judicial role, as the Supreme Court may permit.

(cf. Art.VI , Sec.VI, par.6 )

 

     2.    When this proposed amendment to the Constitution is finally agreed to pursuant to Article IX, paragraph 1 of the Constitution, it shall be submitted to the people at the next general election occurring more than three months after the final agreement and shall be published at least once in at least one newspaper of each county designated by the President of the Senate, the Speaker of the General Assembly and the Attorney General, not less than three months prior to the general election.

     3.    This proposed amendment to the Constitution shall be submitted to the people at that election in the following manner and form:

     There shall be printed on each official ballot to be used at the general election, the following:

     a.     In every municipality in which voting machines are not used, a legend which shall immediately precede the question as follows:

     If you favor the proposition printed below make a cross (X), plus (+), or check (a) in the square opposite the word "Yes." If you are opposed thereto make a cross (X), plus (+) or check (a) in the square opposite the word "No."

     b.    In every municipality the following question:

 

		CONSTITUTIONAL AMENDMENT LINKING SALARIES OF NEW JERSEY SUPREME COURT JUSTICES AND SUPERIOR COURT JUDGES TO SALARIES OF FEDERAL JUDGES
	YES	Shall the amendment to Article VI of the State Constitution, agreed to by the Legislature requiring that: 1) New Jersey Supreme Court Justices shall receive the same salary as members of the United States Supreme Court; that each Judge of the Appellate Division of the New Jersey Superior Court shall receive the same salary as members of the United States Circuit Court of Appeals; and that each Judge of the New Jersey Superior Court shall receive the same salary as Judges of the United States District Court; as these sums shall be certified by the Governor on the first day of January in each year, and shall not be diminished during any Justice's or Judge's term of office; and 2) New Jersey Justices and Judges may be permitted to engage in other gainful pursuits, consistent with their judicial role, as the Supreme Court may permit be approved?

 

		INTERPRETIVE STATEMENT
	NO	Presently, Supreme Court Justices and Superior Court Judges receive salaries that are set by the Legislature by law and approved by the Governor.  This proposed amendment would set Supreme Court Justices' salaries at the same level as that of members of the United States Supreme Court.  The salaries of Judges of the Appellate Division of the Superior Court would be the same as the salaries of members of the United States Circuit Court of Appeals.  The salaries of Judges of the Superior Court would be the same as salaries of Judges of the United States District Court. This amendment would also permit New Jersey Justices and Judges to engage in other gainful pursuits, consistent with their judicial role, as the Supreme Court may permit. This amendment retains the current requirements that the Justices and Judges may not engage in the practice of law, and that the salaries of the Justices and Judges shall not be diminished during their terms of office.

 

 

STATEMENT

 

     Presently, Supreme Court Justices and Superior Court Judges receive salaries that are set by the Legislature by law and approved by the Governor.  The proposed amendment would set Supreme Court Justices' salaries at the same level as that of members of the United States Supreme Court. The salaries of Judges of the Appellate Division of the Superior Court would be the same as the salaries of members of the United States Circuit Court of Appeals. The salaries of Judges of the Superior Court would be the same as salaries of Judges of the United States District Court.

     The following table illustrates the current salaries of the State's Justices and Judges and the current salaries of their federal counterparts as of September, 2010:

 

Current New Jersey Salaries		Proposed New Jersey Salaries Current Federal Salaries
NJ Supreme Court		US Supreme Court
Chief Justice	$192,795	Chief Justice	$223,500
Associate Justices	$185,482	Associate Justices	$213,900
NJ Superior Court		US Circuit Court of Appeals
Appellate Judges	$175,534	Judges	$184,500
		US District Court
Assignment Judges	$171,731
Judges	$165,000	Judges	$174,000

 

     The proposed amendment would also permit New Jersey Justices and Judges to engage in other gainful pursuits as the Supreme Court may permit.  Currently these activities are not permitted.  The purpose of the amendment would be to permit Justices and Judges to teach, write, or receive compensation for other, non-judicial undertakings, not inconsistent with their judicial role, subject to Supreme Court regulation, on a basis similar to that enjoyed by their Federal Court counterparts.

     The proposed amendment retains the current requirements that the Justices and Judges may not engage in the practice of law, and that the salaries of the Justices and Judges shall not be diminished during their terms of office.