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Compensation of California Justices and Judges

Code states that the justices and judges named are not to be deemed to be state officers

By Chris Micheli, October 5, 2024 2:30 am

Section 68200 provides for the annual salary of the Chief Justice. Section 68203.1 requires the salary of the position of Chair of the Judicial Council and the position of a presiding judge of a superior court which has 15 or more judges, and the positions of the administrative presiding justices of the Courts of Appeal, to be increased by that amount that is produced by multiplying the salary of each of these judicial offices by 4 percent and the salary for the position of a presiding judge of a superior court, that has four to 14 judges, are to be increased by the amount that is produced by multiplying the salary of that judicial office by 2 percent.

Section 68204 states that the justices and judges named in this section of law are not to be deemed to be state officers for specified purposes.

Section 68206.2 requires the state to reimburse each small county which is not an option county under the Brown-Presley Trial Court Funding Act for the cost of salary and per diem for any substitute judge assigned to replace a judge disqualified from acting as a judge while there is pending a recommendation to the Supreme Court by the Commission on Judicial Performance for removal or retirement of the judge beginning with the salary and per diem for the seventh month following the disqualification. The term “small county” is defined.

Section 68206.5 authorizes the board of supervisors of any county to agree by resolution to participate in a state-prescribed payroll procedure to pay superior court judges solely from a state payroll. The procedure is prescribed by the State Controller.

Section 68206.6 allows the Controller to agree to participate in a county payroll procedure to pay superior court judges solely from a county payroll. The procedure is prescribed by the county auditor and approved by resolution of the county board of supervisors.

Section 68207 provides how the population of each county of the State is the population determined for the county pursuant to specified provisions of law.

Section 68210 prohibits a judge of a court of record to receive his or her salary unless they make and subscribe before an officer entitled to administer oaths, an affidavit stating that no cause before him remains pending and undetermined for 90 days after it has been submitted for decision.

Section 68211 requires each judge of the Supreme Court and the courts of appeal to receive the same group term life insurance benefit as is granted to other constitutional officers and state managerial employees. The Administrative Office of the Courts administers the insurance benefit.

Section 68220 requires judges of a court whose judges received supplemental judicial benefits provided by the county or court, or both, as of July 1, 2008, to continue to receive supplemental benefits from the county or court then paying the benefits on the same terms and conditions as were in effect on that date. However, a county may terminate its obligation to provide benefits under this section upon providing the Administrative Director of the Courts and the impacted judges with 180 days’ written notice.

Section 68221 provides definitions for the terms “benefits,” “benefit,” “salary,” and “compensation.” Section 68222 says that the Judicial Council does not have to increase funding to a court for the purpose of paying judicial benefits or obligate the state or the Judicial Council to pay for benefits previously provided by the county, city and county, or the court.

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