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PA Bulletin, Doc. No. 06-2546

THE COURTS

Title 204--JUDICIAL SYSTEM GENERAL PROVISIONS

PART VII.  ADMINISTRATIVE OFFICE OF
PENNSYLVANIA COURTS

[204 PA. CODE CH. 211]

Judicial Salaries

[36 Pa.B. 7955]
[Saturday, December 30, 2006]

Annex A

TITLE 204.  JUDICIAL SYSTEM PROVISIONS

PART VII.  ADMINISTRATIVE OFFICE OF PENNSYLVANIA COURTS

CHAPTER 211.  CONSUMER PRICE INDEX

   The Court Administrator of Pennsylvania has computed the annual judicial salaries effective January 1, 2007 for publication in the Pennsylvania Bulletin.

   The Act of November 16, 2005, P. L. 385, No. 72 (''Act 72'') has presumptively repealed Section 1810 of the Act of July 7, 2005, P. L. 201, No. 44 (''Act 44'') relating to the judicial COLA and reenacted Section 2.1(i) of the Public Official Compensation Law, Act of September 30, 1983, P. L. 160, No. 39, added by the Act of October 19, 1995, P. L. 324, No. 51 (''Act 51''), 65 P. S. § 366.1, et seq.

   In Stilp v. Commonwealth, 588 Pa. 539, 905 A.2d 918 (2006), the Supreme Court of Pennsylvania enjoined Act 72 insofar as it repealed Sections 1801-09 of Act 44. However, the Supreme Court declined to address the constitutional argument concerning the adjustment provisions of Act 44's formula for future judicial compensation as set forth in Section 1810.1

   The Court Administrator of Pennsylvania has determined that the judicial COLA provided for in Section 2.1(i) of Act 51 and the judicial COLA provided for in Section 1810 of Act 44 are identical for calendar year 2007.

   The Court Administrator of Pennsylvania reports that the percentage increase in the Philadelphia-Wilmington-Atlantic City, PA-NJ-DE-MD, Consumer Price Index for All Urban Consumers (CPI-U), for the 12-month period ending October 2006, was 2.0 percent. (See U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index, October 2006, published Thursday, November 16, 2006).

   The Court Administrator of Pennsylvania hereby reports that the following judicial salaries are effective January 1, 2007.

§ 211.2.  Judicial salaries effective January 1, 2007.

   (a)  Supreme Court.

   (1)  The annual salary of a justice of the Supreme Court shall be $175,236.

   (2)  The annual salary of the Chief Justice of the Supreme Court shall be $180,336.

   (b)  Superior Court.

   (1)  The annual salary of a judge of the Superior Court shall be $165,342.

   (2)  The annual salary of the President Judge of the Superior Court shall be $170,442.

   (c)  Commonwealth Court.

   (1)  The annual salary of a judge of the Commonwealth Court shall be $165,342.

   (2)  The annual salary of the President Judge of the Commonwealth Court shall be $170,442.

   (d)  Courts of common pleas.

   (1)  The annual salary of a judge of the court of common pleas shall be $152,115.

   (2)  The annual salary of the President Judges of the Court of Common Pleas shall be in accordance with the following schedule:

   (i)  Allegheny County, $154,665.

   (ii)  Philadelphia County, $155,175.

   (iii)  Judicial districts having six or more judges, $153,441.

   (iv)  Judicial districts having one to five judges, $152,778.

   (v)  Administrative judges of the divisions of the Court of Common Pleas of Philadelphia County with divisions of six or more judges, $153,441.

   (vi)  Administrative judges of the divisions of the Court of Common Pleas of Philadelphia County with divisions of five or less judges, $152,778.

   (vii)  Administrative judges of the divisions of the Court of Common Pleas of Allegheny County with divisions of six or more judges, $153,441.

   (viii)  Administrative judges of the divisions of the Court of Common Pleas of Allegheny County with divisions of five or less judges, $152,778.

   (e)  Philadelphia Municipal Court.

   (1)  The annual salary of a judge of the Philadelphia Municipal Court shall be $148,596.

   (2)  The annual salary of the President Judge of the Philadelphia Municipal Court shall be $150,891.

   (f)  Philadelphia Traffic Court.

   (1)  The annual salary of a judge of the Philadelphia Traffic Court shall be $79,934.

   (2)  The annual salary of the President Judge of the Philadelphia Traffic Court shall be $80,597.

   (g)  Magisterial district judge. The annual salary of a magisterial district judge shall be $76,058.

   (h)  Senior judges.

   (1)  The compensation payable to a senior judge of a court of common pleas, a senior Commonwealth Court judge, a senior Superior Court judge and a senior Supreme Court justice, assigned pursuant to 42 Pa.C.S. § 4121 (relating to assignment of judges) and a senior Philadelphia Municipal Court judge assigned pursuant to 42 Pa.C.S. § 4124 (relating to assignment of senior Philadelphia Municipal Court judges) shall be $466 per day. In any calendar year the amount of compensation which a senior judge shall be permitted to earn as a senior judge shall not, when added to retirement income paid by the Commonwealth, for the senior judge, exceed the annual salary payable by the Commonwealth to a judge then in regular active service on the court from which the senior judge retired.

   (2)  In any calendar year, the amount of compensation which a senior judge assigned to serve on a court referred to in 42 Pa.C.S. § 1806 (relating to Philadelphia Municipal Court), 42 Pa.C.S. § 1807 (relating to Philadelphia Traffic Court) or 42 Pa.C.S. § 1808 (relating to magisterial district judges) shall be permitted to earn as a senior judge shall not, when added to retirement income paid by the Commonwealth to that senior judge, exceed the compensation payable by the Commonwealth to a judge then in regular active service on the court from which that senior judge retired.

   (3)  A senior judge who so elects may serve without being paid all or any portion of the compensation permitted.

[Pa.B. Doc. No. 06-2546. Filed for public inspection December 29, 2006, 9:00 a.m.]

_______

1  ''We make no determination because the issue is not properly before us, the parties were not asked to brief it, and it is speculative whether such an issue will ripen.'' 905 A.2d at 981.


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