STATE OF MICHIGAN

FRANK J. KELLEY, ATTORNEY GENERAL

Opinion No. 6043

February 24, 1982

CIRCUIT COURTS:

Compensation and salaries

CONSTITUTIONAL LAW:

Const 1963, art 6, Sec. 18--salaries of judges

DISTRICT COURTS:

Compensation and salaries

JUDGES:

Compensation and salaries

PROBATE PROCEEDINGS:

Judges, compensation and salaries

The state reimbursement to the county or to the district control unit, as the case may be, pursuant to 1961 PA 236, as amended, of funds paid to judges is not the payment of state funds to the judges.

The additional salary paid to a judge by a county or a district control unit does not lose its character or identity as a local supplement by virtue of the fact of state reimbursement.

Const 1963, art 6, Sec. 18 and 1961 PA 236, as amended, prohibit a county and a district control unit from decreasing, during judges' terms of office, the additional judicial salaries, except and only to the extent of a general salary reduction in all other branches of government.

Honorable James E. Hadden

State Representative

The Capitol

Lansing, Michigan

You have asked two questions with respect to state reimbursement payments to the county or district control unit for the additional salaries paid to circuit, probate or district judges by the county or district control unit. The Lenawee County Board of Commissioners states that newly enacted judicial standardization payment legislation (1981 PA 25 and 1981 PA 30) provides counties with funds to supplement judges' salaries at the discretion of the board. Further, the board states that it has been suggested to them that the board may, by majority vote, 'pass through' all or some of these funds to the judges without considering it an increase in the county additional salary since these funds are state and not local dollars. Based upon these facts, the board posed the following questions:

The salaries of circuit court judges and district court judges are paid by the state. 1961 PA 236, Secs. 555 and 8202, as last amended by 1980 PA 438; MCLA 600.555 and 600.8202; MSA 27 A.555 and 27A.8702, respectively. Probate judges' salaries are paid by the state and by the county. That is, in addition to the state salary the county must pay a $6,000 salary to the probate judge. 1961 PA 236, Sec. 821, as amended by 1978 PA 543; MCLA 600.821; MSA 27 A.821. To these salaries, the county board of commissioners, or the district control unit's governing body for district courts if the district court is organized in a district control unit, may vote to pay an additional salary from county funds to the district judges. Pertinent is Const 1963, art 6, Sec. 18 which prohibits the decrease of the salaries of circuit and probate judges:

Since the opinion request concerns circuit, probate and district judges, each governed by different sections of 1961 PA 236, as amended; MCLA 600.101 et seq; MSA 27 A.101 et seq, each of the courts' judges will be analyzed separately beginning with the circuit court judges.

1961 PA 236, supra, Sec. 555(1), as last amended by 1980 PA 438, grants a circuit judge a salary payable by the state which may be supplemented by the county:

See also, Const 1963, art 6, Sec. 18.

1961 PA 236, Sec. 555(2), supra, requires the state to reimburse the additional salary for a circuit court judge in an amount provided by law if the county meets the standards to be eligible for reimbursement:

Lastly, the salaries of circuit court judges may not be decreased during a term of office except and to the extent of a general salary reduction in all other branches of government. Const 1963, at 6, Sec. 18. OAG, 1965-1966, No 4561, p 413, 417 (December 30, 1966), stated that the Const 1963, art 6, Sec. 18, limitation is applicable to the county board of supervisors (now commissioners) as well as to the Legislature, and thereby restricts the board from decreasing the salary payable by the county to a circuit judge during his term.

For probate judges, 1961 PA 236, supra, Secs. 821(2) and (4), as last amended by 1980 PA 438, sets the formula for salaries and allows for an additional county salary above the $6,000 minimum county salary:

1961 PA 236, Sec. 821(5), supra, further requires state reimbursement of the county additional salary ⁽¹⁾ for a probate judge in an amount provided by law if the county meets the standards to be eligible for reimbursement:

Besides Const 1963, art 6, Sec. 18, which prohibits the decrease of a probate judge's salary during the term of office except and to the extent of a general salary reduction in all other branches of government, 1961 PA 236, Sec. 821(4), supra, states:

OAG, 1967-1968, No 4571, p 1, 4 (January 5, 1967), stated that a board of supervisors (now commissioners) that has fixed additional compensation for a probate judge is prohibited from decreasing such additional compensation during the term of office.

Turning to district judges, 1961 PA 236, supra, Secs. 8202(1) and (2), as last amended by 1980 PA 438, sets the formula for salaries and allows for an additional salary to be paid by the district control unit:

1961 PA 236, Sec. 8202(9), supra, requires state reimbursement of the additional salary for a district judge in an amount provided by law, if the standards are met for state reimbursement eligibility:

1969 PA 236, Sec. 8202(4), supra, prohibits a decrease in the salary:

Following the reasoning of OAG, 1965-1966, No 4561, supra, and OAG, 1967-1968, No. 4571, supra, the governing body of the district control unit that has fixed the additional compensation for a district judge is prohibited from decreasing such additional compensation during the term of office except and to the extent of a general reduction of salaries in all other branches of government.

The above analysis of the statute governing circuit, probate and district judges demonstrates that the statutory provisions for each are similar. The state pays a basic salary and the county may pay an additional salary. Of course, for probate judges, the county also pays a basic salary of $6,000.00. Further, the state is required to reimburse some or all of the additional salary as provided by law. In none of the pertinent sections of 1961 PA 236, supra, are the funds paid by the State to the county characterized as anything other than a reimbursement. 'Reimburse' is defined as:

The reimbursement is not a pass through of state funds to the judges by the county nor may it be characterized as the payment of a state additional salary. In re Petition of State Highway Commission, 383 Mich 709, 714; 178 NW2d 923 (1970), indicates that the fundamental rule of construction of statutes is to ascertain and to give effect to the intention of the Legislature. The clear intent of the Legislature is to reimburse the county for funds which it elects to pay as additional salary to the judges. The reimbursement is only operative if the county chooses to expend additional county funds for that purpose.

In summary response to your two questions, it is my opinion that the State reimbursement to the county, or to the district control unit, as the case may be, pursuant to 1961 PA 236, as amended, of funds paid to judges is not the payment of State funds to the judges. It is my further opinion that the additional salary paid to a judge by a county or a district control unit does not lose its character or identity as a local supplement by virtue of the fact of State reimbursement. It is also my opinion that, Const 1963, art 6, Sec. 18 and 1961 PA 236, as amended, prohibit a county and a district control unit from decreasing, during judges' terms of office, the additional judicial salaries, except and only to the extent of a general salary reduction in all other branches of government.

Frank J. Kelley