2002

On behalf of the Commission on Compensation of Elected State Officers and Judges, established by Section 2-9a of the Connecticut General Statutes, I hereby offer the commission's 28th report to the members of the 2008 session of the Connecticut legislature for your consideration.

Commission members are pleased to serve the State of Connecticut in this capacity. We are ready to provide any information and assistance the General Assembly may require in its deliberations on legislation and any other necessary action.

4. to recommend compensation appropriate for the officials of a state that is economically and socially diverse and highly developed industrially;

General Assembly

All legislators should receive a salary increase of $3,750 beginning in 2009, followed by another increase of $3,750 in 2011. Also, the top three legislative leaders of each chamber* each should receive an additional salary increase of $5,000 beginning in 2009, followed by an additional increase of $5,000 in 2011.

For each subsequent two-year term starting in 2013, all legislators should receive a cost-of-living adjustment (COLA) that reflects the COLA, if any, received by state managers for the two fiscal years prior to the fiscal year in which such a COLA is paid.

Judges

Salaries for judges and family support magistrates and the per diem rates paid to family support magistrate referees, senior judges, and judge trial referees should automatically increase based on the average salary increases (excluding longevity payments) for state managers. The increases should take effect July 15 each fiscal year starting in 2008 and be based on managerial increases for the same fiscal year.

* In the Senate: president pro tempore, majority leader, and minority leader; in the House: speaker, majority leader, and minority leader.

Legislative Findings

The commission is unanimous in its finding that the legislature serves the state best as a part-time legislature, in accordance with the guidance of the Connecticut Constitution. The commission also finds that legislators have not had a salary increase since 2001 and that the earliest an increase could take place is 2009. Eight years without an increase does not properly reflect the importance of the job that state legislators perform for our state, including enacting new laws and approving new budgets that affect the daily lives of each and every resident of Connecticut.

In addition, the commission understands that its recommendations address fairness and equity regarding pay for legislative service, but respecting the General Assembly's knowledge and understanding of the state's short- and long-term fiscal condition, it defers to the General Assembly the timetable for implementation. The commission respects the adage that although the raises suggested are a “necessity” there are many “necessities” in the state's budget, and it is the legislature that determines the priority of those necessities.

Table 1 shows what legislators' salaries would be if they had been given (1) an annual 3% COLA and (2) the 3% COLA plus the merit increase that executive branch managers have received (i.e., the actual raises that managers received).

Table 1: Legislative Salaries with (1) COLAs and (2) COLAs and Merit Increases


Fiscal Year	Legislators' Current Salary (Set by PA 00-231, effective 1/3/01)	Salary plus 3% COLA	Executive Branch Managers' Actual Rate of Increase (COLA plus Merit)	Legislators' Salary if average Executive Branch increase had been applied



2002	$28,000	$28,840	6%	$29,680
	$28,000	$29,705	0%*	$29,680
2004	$28,000	$30,596	5.5%	$31,312
2005	$28,000	$31,514	6%	$33,191
2006	$28,000	$32,460	6%	$35,183
2007	$28,000	$33,433	6%	$37,294
2008	$28,000	$34,436	6%	$39,531
2009	$28,000	$35,470	6% (Projected)	$41,903
*In FY 2003 there were no raises for executive branch managers due to the state's financial crisis. Note: Legislators also each receive unvouchered expense account compensation, Senators: $5,500; House: $4,500. Source: Office of Fiscal Analysis

Also included as attachments are schedules showing the salaries of other state legislative bodies and salaries of legislative leaders in Connecticut's neighbors.

Regarding the legislative leaders, the Commission recognizes that the three principal leaders in each chamber have become full-time legislators by the circumstances of their positions, and the inadequacy of their compensation can lead to hardships and conflicts. House speaker, majority leader, minority leader, and the Senate president pro tempore, majority leader, and minority leader clearly set the agenda for the legislature and are the key players regarding all legislative accomplishments. These positions have seen no increase in salary since 2001, a situation that undervalues the responsibilities and duties of these posts.

General Assembly Recommendation

All legislators should receive a salary increase of $3,750 beginning in 2009, followed by another salary increase of $3,750 in 2011. This would bring their salaries up to where they would be in 2009 if they had received a 3% COLA each year since their last raise in 2001.

In addition, the top three legislative leaders of each chamber each should receive an additional salary increase of $5,000 beginning in 2009, followed by an additional increase of $5,000 in 2011. This is in recognition of the larger responsibilities handled by the legislators in these six positions.

For each subsequent two-year term starting in 2013, all legislators should receive a COLA that reflects the COLA, if any, received by state managers for the two fiscal years prior to the fiscal year in which such a COLA is paid.

This commission approved this recommendation by a 4-1 vote at the February 15, 2008 meeting.

Judicial Findings

The commission holds that a reasonably compensated judiciary is essential to Connecticut continuing to have a high quality criminal and civil justice system. Connecticut's judges' salaries are set in statute and change only when the legislature takes specific action. Currently there is no scheduled pay increase for judges. This is unlike most state employees, who can expect some type of regular pay increase.

The commission heard testimony from Judge Barbara M. Quinn, the chief court administrator, who noted that under the existing system compensation increases for judges have been inconsistent and unpredictable. Someone nominated to serve on the bench has no way of knowing what to expect in terms of the amount or frequency of raises he or she may get in a career as a judge.

Judge Quinn noted that many judges chose a career on the bench over private law practices that may have been much more lucrative. She believes that when attorneys consider a judicial career they should be able to make financial plans with some expectation of reasonable, predictable salary increases. If judges' salary increases kept pace with executive branch manager increases over the last 13 years, then Superior Court judges would be receiving a salary that is more than $20,000 above their current pay of $146,780 (see attachment D).

Furthermore, the Commission finds that while a 2007 National Center for State Courts survey found Connecticut judges' pay ranked 7^th nationally, that ranking drops to 33^rd in the nation when the salary is adjusted in accordance with the cost of living (see attachment E). Connecticut cost of living ranks 5^th highest in the nation.

The commissioners believe that reliable, regular increases for judges will help Connecticut attract and retain talented and dedicated men and women to serve in our judiciary.

Judicial Recommendation

The commission unanimously approved this recommendation at the January 10, 2008 meeting.

Attachments

Legislative

PA 00-231 established the current salaries for legislative leaders, committee chairs, ranking members, and rank and file members. The act gave all legislators a 28.5% raise.

The current salaries for judges were established in PA 04-2, May Special Session. The act increased salaries of judges and family support magistrates by 5.5% on each of the following dates: January 1, 2005, January 1, 2006, and January 1, 2007. The chart below displays the effect of these increases.

* The chief court administrator earns this salary if he or she is a judge of the Supreme, Appellate, or Superior Court.

** The deputy chief court administrator earns this salary if he or she is a Superior Court judge.

The law's provisions result in salary increases for other officials whose salaries are tied to those of judges. The salaries of workers' compensation commissioners vary depending on experience and are tied to those of Superior Court judges. The salaries of probate court judges are capped at 75% of a Superior Court judge's salary.

PA 04-2, May Special Session also increased the per diem fees paid to judge trial referees from $200 to $211 and to family support referees from $180 to $190.

*Position*	*Prior* *Salary*	*Salary As Of 1/3/01*
House speaker and Senate president pro tempore	$30,108	$38,689
House and Senate majority and minority leaders	28,665	36,835
Deputy House speaker and House and Senate deputy majority and minority leaders	26,806	34,446
House and Senate assistant majority and minority leaders and majority and minority whips, and standing committee chairs	25,090	32,241
Standing committee ranking members	23,660	30,403
Rank and file members	21,788	28,000


*Position*	*Prior Law*	*Under PA 04-2, MSS*
*Position*	*As of 4/1/02*	*As of 1/1/05*	*As of 1/1/06*	*As of 1/1/07*
Chief Justice of the Supreme Court	$149,582	$157,809	$166,489	$175,645
Chief Court Administrator*	143,738	151,644	159,984	168,783
Supreme Court Associate Justice	138,404	146,016	154,047	162,520
Appellate Court Chief Judge	136,873	144,401	152,343	160,722
Appellate Court Judge	129,988	137,137	144,680	152,637
Deputy Chief Court Administrator**	127,617	134,636	142,041	149,853
Superior Court Judge	125,000	131,875	139,128	146,780
Chief Family Support Magistrate	108,821	114,806	121,120	127,782
Family Support Magistrate	103,569	109,265	115,275	121,615