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 a
sufficient amount to pay the state general fund contributions under
this 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 shall
appropriate annually a sufficient amount to pay the county salaries
under 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 is
composed of more than one (1) county.
(b) The counties comprising a circuit to which this section applies
are considered one (1) county for purposes of this chapter. Each
county in the circuit shall pay part of the county salary in the same
proportion as the county's individual classification factor bears to the
classification 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 assessed
valuation; and
(2) set up on the percentage ratio it bears to the state, the whole
state 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 state
as set out in this chapter are based on a unit factor system. The
factors are determined by the relation of the county to the state as
established and certified to each county auditor by the state board of
accounts not later than July 1 of each year. They are as follows:
(1) Population.
(2) Gross assessed valuation as shown by the last preceding
gross assessed valuation as certified by the various counties to
the auditor of the state in the calendar year in which the
calculation 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 the
population of the entire state.
(2) The gross assessed valuation of each county shall be divided
by the gross assessed valuation of the entire state.
(3) The results obtained under subdivision (1) and (2) shall be
added together and the sum obtained for each county shall be
divided by two (2).
(4) The result obtained under subdivision (3), multiplied by one
hundred (100), determines the classification of each county
according 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 ten
thousand 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 provided
by the county under IC 36-2-5-14 or IC 36-3-6-3(c). The state shall
deposit quarterly the money received from the counties under
subsection (c) for additional salary in the state general fund.
(b) Before November 2 of each year, the county auditor of each
county shall certify to the division of state court administration the
amounts, if any, to be provided by the county during the ensuing
calendar year for judges' salaries under IC 36-2-5-14 or
IC 36-3-6-3(c).
(c) When making each payment under subsection (a), the county
shall 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 same
calendar year; and
(3) the state share of the judge's salary under subsection (a);
exceeds the Social Security wage base established by the federal
government for that year. If the total does not exceed the Social
Security wage base, the payment on behalf of that judge must also be
accompanied by an amount equal to the employer's share of Social
Security taxes and Medicare taxes. If the total exceeds the Social
Security wage base, the part of the payment on behalf of the judge
that is below the Social Security wage base must be accompanied by
an amount equal to the employer's share of Social Security taxes and
Medicare taxes, and the part of the payment on behalf of the judge
that exceeds the Social Security wage base must be accompanied by
an amount equal to the employer's share of Medicare taxes. Payments
made under this subsection shall be deposited in the state general
fund under subsection (a).
(d) For purposes of determining the amount of life insurance
premiums to be paid by a judge who participates in a life insurance
program 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 the
amount of the judge's salary;
the judge's salary does not include any amounts paid to the state by
a 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, the
county served by the magistrate shall pay forty-one thousand three
hundred ninety-three dollars ($41,393). The balance of the annual
salary 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 court
is 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 one
hundred twenty-nine thousand eight hundred dollars ($129,800), as
adjusted 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, in
equal monthly payments on the first day of each month from money
in the state general fund not otherwise appropriated, the following
annual subsistence allowances to assist in defraying expenses
relating to or resulting from the discharge of the justice's or judge's
official duties:
(1) Five thousand five hundred dollars ($5,500) to the chief
justice of the supreme court.
(2) Five thousand five hundred dollars ($5,500) to the chief
judge of the court of appeals.
(3) Three thousand dollars ($3,000) to each justice of the
supreme court who is not the chief justice.
(4) Three thousand dollars ($3,000) to each judge of the court of
appeals who is not the chief judge.
A justice or judge is not required to make an accounting for an
allowance received under this subsection.
(e) The state may not furnish automobiles for the use of justices or
judges 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 of
an 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 assembly
does not amend the section of law under which the salary is
determined to provide a salary increase for the state fiscal year.
(b) The percentage by which salaries are increased in a state fiscal
year under this section is equal to the statewide average percentage,
as determined by the budget director, by which the salaries of state
employees in the executive branch who are in the same or a similar
salary bracket exceed, for the state fiscal year, the salaries of
executive branch state employees in the same or a similar salary
bracket that were in effect on July 1 of the immediately preceding
state fiscal year.
(c) The amount of a salary increase under this section is equal to
the amount determined by applying the percentage increase for the
particular state fiscal year to the salary payable by the state, as
previously adjusted under this section, that is in effect on June 30 of
the immediately preceding state fiscal year.
(d) An official is not entitled to receive a salary increase under this
section in a state fiscal year in which state employees described in
subsection (b) do not receive a statewide average salary increase.
(e) If a salary increase is required under this section, the budget
director shall augment judicial appropriations, including the line
items for personal services for the supreme court, local judges'
salaries, and county prosecutors' salaries, in the state biennial budget
in an amount sufficient to pay for the salary increase from the
sources 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; judicial
branch insurance adjustment account
Sec. 8.2. (a) As used in this section, "account" refers to the judicial
branch 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 the
state.
(c) Employees of the judicial branch are entitled to a health care
adjustment in any year that the governor provides a health care
adjustment to employees of the executive branch.
(d) The judicial branch insurance adjustment account within the
state general fund is established for the purpose of providing health
care adjustments under subsection (c). The account shall be
administered by the supreme court.
(e) The expenses of administering the account shall be paid from
money in the account.
(f) The treasurer of state shall invest the money in the account not
currently needed to meet the obligations of the account in the same
manner as other public money may be invested. Interest that accrues
from these investments shall be deposited in the account.
(g) Money in the account at the end of a state fiscal year does not
revert to the state general fund.
(h) Money in the account is annually appropriated to the supreme
court for the purpose of this section.
(i) If the funds appropriated for compliance with this section are
insufficient, there is annually appropriated from the state general
fund 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, the
justices of the supreme court, and the judges of the court of appeals
shall:
(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 open
and during which each judge or justice will be present.
(b) A judge or justice shall hold the court open and be available in
the court during:
(1) regular business hours; or
(2) the hours specified on the schedule, if the business of the
court requires evening or weekend sessions.
(c) A judge or justice may be absent from the court due to official
business, 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 not
be lowered below the classification first fixed by the state board of
accounts under this chapter.
As added by P.L.98-2004, SEC.17.