Armstead urges lawmakers to review judicial compensation report

CHARLESTON, W.Va. — State Supreme Court Chief Justice Tim Armstead chose his words carefully before the House of Delegates Finance Committee Thursday when asked if the Court had taken a position on judicial pay raises.

Armstead is in a unique position. He helped form the Judicial Compensation Commission when he was a leading lawmaker in the House of Delegates. He spent 20 years in the House, the last four as its speaker.

He was before the finance committee for the court system’s budget presentation Thursday morning. When asked about judicial pay, he urged committee members to review the commission’s report that was submitted to the legislature a few months ago.

“We recognize that this is a factor that’s within the realm of the legislature to determine–just as you do with all other positions that have a salary outline in the budget itself or in code,” Armstead said. “But we also believe that this report provides the evidence and the support that you need to take a look at that.”

As MetroNews reported in August, the report recommends a 20.56 percent raise for Family Court judges and approximately 18 percent more for the other members of the judiciary.

The proposals increase the annual salaries of justices from $136,000 to $160,894 ($24,894 increase); circuit judges from $126,000 to $149,069 ($23,069 increase); Family Court judges from $94,500 to $113,930 ($19,430 increase) and magistrates from $57,500 to $68,028 ($10,528 increase).

Commission chairman, WVU College of Law Dean Greg Bowman, told MetroNews the report is a market analysis of what fair compensation and competitive compensation for judges should be in West Virginia taking into account all of the factors listed in the statute.

“Our salaries for judges in this state rank 53rd out of 55 states and territories. If you factor in the cost-of-living we are still in the high 40s,” Bowman said.

Armstead said Thursday the Supreme Court recognizes the legislature can only approve raises the state can afford.

“We recognize that it has to be weighed with all over budgetary concerns that you’re talking about and that you can do it as you can do it budgetarily,” Armstead said. “But we do believe this report sets forth where we are nationally and gives you the tools to assess that.”

In December 2017, the commission recommended a 5 percent pay increase for justices, circuit judges and magistrates while the recommendation for family court judges was 7 percent. Lawmakers did not take up the report.

Armstead said he still believes forming the Judicial Compensation Commission was a good idea.

“We always felt that it was not a good process to have judges come hat in hand to the legislature and seek those pay raises particularly when a number of legislators were attorneys,” he said.





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