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The following opinion is presented on-line for informational use only and does not replace the official version. (Mich Dept of Attorney General Web Site - www.ag.state.mi.us) STATE OF MICHIGAN FRANK J. KELLEY, ATTORNEY GENERAL Opinion No. 5801 October 17, 1980 COURTS, DISTRICT: Compensation of district judges A district court judge may not receive an additional supplemental salary, designated as a cost of living allowance or otherwise, from the district control unit in a total amount which exceeds 60 percent of the salary paid to the circuit judges by the state. The Honorable Alfred A. Sheridan State Representative The Capitol Lansing, Michigan 48909 You have requested my opinion on the following question: May a district control unit which is paying district court judges of a third class district the maximum supplement permitted by 1978 PA 150 pay those judges a cost of living allowance as a fringe benefit? RJA 1961, Sec. 8202; MCLA 600.8202; MSA 27A.8202, provides for the salaries and expenses of district judges: '(1) A district judge shall receive an annual salary payable by the state equal to 90% of the annual salary payable by the state to a circuit judge. '(2) In addition to the salary received from the state, a district judge may receive from a district control unit in which the judge regularly holds court an additional salary as determined by the governing legislative body thereof. Supplemental salaries paid by a district control unit shall be uniform as to all judges who regularly hold court therein. The total annual additional salary paid to a district court judge by the district control units in which the judge regularly holds court shall not exceed 60% of the annual salary payable by the state to a circuit judge.' [Emphasis added.] RJA 1961, Sec. 8202, supra, places a limitation on the salary to be paid a district court judge by a district control unit. In stating that the salary 'shall not exceed' a specified percentage of the annual salary payable to state circuit court judges, the statute employs mandatory language which sets a definite limit on salary paid to district court judges. A cost of living allowance which would 'pay those judges a cost of living allowance as a fringe benefit' would be an increase in the compensation paid district court judges. Even though such increase in compensation is labeled a 'fringe benefit' if, in effect, it increases the annual salary of a district court judge to an amount in excess of 60 percent of the annual salary payable by the state to circuit judges, it would be contrary to statute. The law is well settled that neither the state nor any of its instrumentalities may do indirectly that which is forbidden to be done directly. Attorney General ex rel Eaves v State Bridge Commission, 277 Mich 373, 383; 269 NW 388 (1936). It is my opinion that a district control unit paying a district court judge the maximum supplement provided by RJA 1961, Sec. 8252, supra, may not pay a cost of living allowance to those judges labeled a 'fringe benefit' which would allow their total annual additional salary to exceed 60 percent of the annual salary payable by the state to circuit judges. Frank J. Kelley Attorney General
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