CHAPTER 5. SALARIES
IC 33-38-5
Chapter 5. Salaries
IC 33-38-5-1
Appropriation; state general fund contributions
Sec. 1. There is appropriated from the state general fund asufficient amount to pay the state general fund contributions underthis chapter.
As added by P.L.98-2004, SEC.17.
IC 33-38-5-2
Appropriation; county salaries
Sec. 2. The county councils of the counties of the state shallappropriate annually a sufficient amount to pay the county salariesunder this chapter.
As added by P.L.98-2004, SEC.17.
IC 33-38-5-3
Multiple county judicial circuits
Sec. 3. (a) This section applies to a judicial circuit that iscomposed of more than one (1) county.
(b) The counties comprising a circuit to which this section appliesare considered one (1) county for purposes of this chapter. Eachcounty in the circuit shall pay part of the county salary in the sameproportion as the county's individual classification factor bears to theclassification factor of the judicial circuit.
As added by P.L.98-2004, SEC.17.
IC 33-38-5-4
Grading of counties
Sec. 4. For purposes of this chapter, each county is:
(1) graded on the basis of population and gross assessedvaluation; and
(2) set up on the percentage ratio it bears to the state, the wholestate being considered as one hundred percent (100%).
As added by P.L.98-2004, SEC.17.
IC 33-38-5-5
Classes of counties; population; gross assessed valuation
Sec. 5. (a) The nine (9) classes of the several counties of the stateas set out in this chapter are based on a unit factor system. Thefactors are determined by the relation of the county to the state asestablished and certified to each county auditor by the state board ofaccounts not later than July 1 of each year. They are as follows:
(1) Population.
(2) Gross assessed valuation as shown by the last precedinggross assessed valuation as certified by the various counties tothe auditor of the state in the calendar year in which thecalculation is made.
(b) The factors for each of the nine (9) classes set out in this
chapter shall be obtained as follows:
(1) The population of each county shall be divided by thepopulation of the entire state.
(2) The gross assessed valuation of each county shall be dividedby the gross assessed valuation of the entire state.
(3) The results obtained under subdivision (1) and (2) shall beadded together and the sum obtained for each county shall bedivided by two (2).
(4) The result obtained under subdivision (3), multiplied by onehundred (100), determines the classification of each countyaccording to the following schedule:
Classification Factors
High Low Class
No limit 8.00 1
All under 8.00 2.25 2
All under 2.25 1.25 3
All under 1.25 .85 4
All under .85 .70 5
All under .70 .60 6
All under .60 .50 7
All under .50 .35 8
All under .35 no limit 9
As added by P.L.98-2004, SEC.17.
IC 33-38-5-6
Total annual salary for full-time judges
Sec. 6. (a) The annual salary of each full-time judge of a circuit,superior, municipal, county, or probate court is one hundred tenthousand five hundred dollars ($110,500), as adjusted after June 30,2006, under section 8.1 of this chapter, paid by the state. In addition,a judge under this section may receive any additional salary providedby the county under IC 36-2-5-14 or IC 36-3-6-3(c). The state shalldeposit quarterly the money received from the counties undersubsection (c) for additional salary in the state general fund.
(b) Before November 2 of each year, the county auditor of eachcounty shall certify to the division of state court administration theamounts, if any, to be provided by the county during the ensuingcalendar year for judges' salaries under IC 36-2-5-14 orIC 36-3-6-3(c).
(c) When making each payment under subsection (a), the countyshall determine for each judge whether the total of:
(1) the payment made on behalf of that judge;
(2) previous payments made on behalf of that judge in the samecalendar year; and
(3) the state share of the judge's salary under subsection (a);
exceeds the Social Security wage base established by the federalgovernment for that year. If the total does not exceed the SocialSecurity wage base, the payment on behalf of that judge must also beaccompanied by an amount equal to the employer's share of SocialSecurity taxes and Medicare taxes. If the total exceeds the Social
Security wage base, the part of the payment on behalf of the judgethat is below the Social Security wage base must be accompanied byan amount equal to the employer's share of Social Security taxes andMedicare taxes, and the part of the payment on behalf of the judgethat exceeds the Social Security wage base must be accompanied byan amount equal to the employer's share of Medicare taxes. Paymentsmade under this subsection shall be deposited in the state generalfund under subsection (a).
(d) For purposes of determining the amount of life insurancepremiums to be paid by a judge who participates in a life insuranceprogram that:
(1) is established by the state;
(2) applies to a judge who is covered by this section; and
(3) bases the amount of premiums to be paid by the judge on theamount of the judge's salary;
the judge's salary does not include any amounts paid to the state bya county under subsection (a).
As added by P.L.98-2004, SEC.17. Amended by P.L.159-2005,SEC.1.
IC 33-38-5-7
Juvenile court magistrate; source of salary
Sec. 7. Of the annual salary of a juvenile court magistrate, thecounty served by the magistrate shall pay forty-one thousand threehundred ninety-three dollars ($41,393). The balance of the annualsalary shall be paid by the state from the state general fund.
As added by P.L.98-2004, SEC.17.
IC 33-38-5-8
Total annual salary; supreme court justices; appellate court judges
Sec. 8. (a) The annual salary for each justice of the supreme courtis one hundred thirty-three thousand six hundred dollars ($133,600),as adjusted after June 30, 2006, under section 8.1 of this chapter.
(b) The annual salary for each judge of the court of appeals is onehundred twenty-nine thousand eight hundred dollars ($129,800), asadjusted after June 30, 2006, under section 8.1 of this chapter.
(c) The state shall pay the annual salaries prescribed in subsections(a) through (b) from the state general fund.
(d) In addition to salary, the state shall pay to a justice or judge, inequal monthly payments on the first day of each month from moneyin the state general fund not otherwise appropriated, the followingannual subsistence allowances to assist in defraying expensesrelating to or resulting from the discharge of the justice's or judge'sofficial duties:
(1) Five thousand five hundred dollars ($5,500) to the chiefjustice of the supreme court.
(2) Five thousand five hundred dollars ($5,500) to the chiefjudge of the court of appeals.
(3) Three thousand dollars ($3,000) to each justice of thesupreme court who is not the chief justice. (4) Three thousand dollars ($3,000) to each judge of the court ofappeals who is not the chief judge.
A justice or judge is not required to make an accounting for anallowance received under this subsection.
(e) The state may not furnish automobiles for the use of justices orjudges compensated under this section.
As added by P.L.98-2004, SEC.17. Amended by P.L.159-2005,SEC.2.
IC 33-38-5-8.1
Salary increases for judges and justices in certain state fiscal years
Sec. 8.1. (a) Beginning July 1, 2006, the part of the total salary ofan official:
(1) paid by the state; and
(2) set under section 6 or 8 of this chapter;
is increased in each state fiscal year in which the general assemblydoes not amend the section of law under which the salary isdetermined to provide a salary increase for the state fiscal year.
(b) The percentage by which salaries are increased in a state fiscalyear under this section is equal to the statewide average percentage,as determined by the budget director, by which the salaries of stateemployees in the executive branch who are in the same or a similarsalary bracket exceed, for the state fiscal year, the salaries ofexecutive branch state employees in the same or a similar salarybracket that were in effect on July 1 of the immediately precedingstate fiscal year.
(c) The amount of a salary increase under this section is equal tothe amount determined by applying the percentage increase for theparticular state fiscal year to the salary payable by the state, aspreviously adjusted under this section, that is in effect on June 30 ofthe immediately preceding state fiscal year.
(d) An official is not entitled to receive a salary increase under thissection in a state fiscal year in which state employees described insubsection (b) do not receive a statewide average salary increase.
(e) If a salary increase is required under this section, the budgetdirector shall augment judicial appropriations, including the lineitems for personal services for the supreme court, local judges'salaries, and county prosecutors' salaries, in the state biennial budgetin an amount sufficient to pay for the salary increase from thesources of funds determined by the budget director.
As added by P.L.159-2005, SEC.3.
IC 33-38-5-8.2
Health care adjustment for employees of judicial branch; judicialbranch insurance adjustment account
Sec. 8.2. (a) As used in this section, "account" refers to the judicialbranch insurance adjustment account established by subsection (d).
(b) As used in this section, "employees of the judicial branch"includes the following:
(1) Each judge described in section 6 of this chapter. (2) Each magistrate:
(A) described in section 7 of this chapter; and
(B) receiving a salary under IC 33-23-5-10.
(3) Each justice and judge described in section 8 of this chapter.
(4) The judge described in IC 33-26.
(5) A prosecuting attorney whose entire salary is paid by thestate.
(c) Employees of the judicial branch are entitled to a health careadjustment in any year that the governor provides a health careadjustment to employees of the executive branch.
(d) The judicial branch insurance adjustment account within thestate general fund is established for the purpose of providing healthcare adjustments under subsection (c). The account shall beadministered by the supreme court.
(e) The expenses of administering the account shall be paid frommoney in the account.
(f) The treasurer of state shall invest the money in the account notcurrently needed to meet the obligations of the account in the samemanner as other public money may be invested. Interest that accruesfrom these investments shall be deposited in the account.
(g) Money in the account at the end of a state fiscal year does notrevert to the state general fund.
(h) Money in the account is annually appropriated to the supremecourt for the purpose of this section.
(i) If the funds appropriated for compliance with this section areinsufficient, there is annually appropriated from the state generalfund sufficient funds to carry out the purpose of this section.
As added by P.L.95-2004, SEC.16. Amended by P.L.2-2005,SEC.110.
IC 33-38-5-9
Schedule of working hours for courts
Sec. 9. (a) A judge described in section 6 of this chapter, thejustices of the supreme court, and the judges of the court of appealsshall:
(1) formulate;
(2) post in a prominent place; and
(3) make available to the public;
a schedule of the working hours during which the court will be openand during which each judge or justice will be present.
(b) A judge or justice shall hold the court open and be available inthe court during:
(1) regular business hours; or
(2) the hours specified on the schedule, if the business of thecourt requires evening or weekend sessions.
(c) A judge or justice may be absent from the court due to officialbusiness, matters relating to the judge's or justice's judicial office,illness, serious personal matters, or regular vacation.
As added by P.L.98-2004, SEC.17.
IC 33-38-5-10
Lowering of classification; limitation
Sec. 10. The classification of salary schedules for judges may notbe lowered below the classification first fixed by the state board ofaccounts under this chapter.
As added by P.L.98-2004, SEC.17.