A joint Resolution

 

TO PROVIDE THAT SALARY SUPPLEMENTs, EXPENSE ALLOWANCEs, OR OTHER PAYMENTS FOR OFFICE OPERATIONS OR OFFICIAL DUTIES PROVIDED TO JUSTICES OR JUDGES OF THE SUPREME COURT, COURT OF APPEALS, OR FAMILY COURT AS COMPENSATION IN ADDITION TO THEIR SALARIES MAY NOT EXCEED THE in-district COMPENSATION PROVIDED TO MEMBERS OF THE GENERAL ASSEMBLY; TO PROVIDE THAT THE SALARIES OF SUCH JUSTICES AND JUDGES MUST BE EQUAL TO THE SALARIES OF MEMBERS OF THE GENERAL ASSEMBLY FOR JUDGES ELECTED AFTER THE EFFECTIVE DATE OF THIS JOINT RESOLUTION AND FOR SITTING JUDGES AFTER THE COMPLETION OF THEIR CURRENT TERMS AND UPON REELECTION TO ANY SUBSEQUENT TERM OF OFFICE; and TO PROVIDE THE PROVISIONS OF THIS JOINT RESOLUTION APPLY BEGINNING WITH THE 2026-2027 FISCAL YEAR AND EXPIRE ON JULY 1, 2036.

 

Whereas, Section 16, Article V of the South Carolina Constitution provides that the salaries of justices and judges "shall not be reduced during their term of office," thereby prohibiting any midterm decrease in judicial compensation; and

 

Whereas, the South Carolina General Assembly finds that it is a core principle of state governance that compensation structures funded with public dollars be transparent, consistent, and reasonably aligned across the constitutional branches of government; and

 

Whereas, the South Carolina General Assembly finds that members of the General Assembly receive a defined legislative expense allowance and in-district compensation to support the costs of carrying out their constitutional duties, in addition to their salary and fringe benefits; and

 

Whereas, the South Carolina General Assembly finds that members of the judiciary in South Carolina receive a monthly allowance for office expenses in addition to their salary and fringe benefits; and

 

Whereas, in order to ensure fairness and fiscal uniformity, supplemental payments or office expense funding provided to members of the judiciary should not exceed the analogous compensation provided to the legislative branch. Now, therefore,

 

Be it enacted by the General Assembly of the State of South Carolina:

 

SECTION 1.  (A) Notwithstanding any other provision of law, for Fiscal Year 2026-2027 and each fiscal year thereafter through July 1, 2036, no justice of the Supreme Court, judge of the Court of Appeals, or judge of the Family Court may receive, from any state source, a salary supplement, expense allowance, office expense allocation, or other payment for official duties that exceeds the in-district compensation provided to members of the South Carolina General Assembly.

    (B) In addition to subsection (A), beginning July 1, 2026, and subject to Section 16, Article V of the South Carolina Constitution:

       (1) The base annual salary for any justice or judge of the Supreme Court, Court of Appeals, or Family Court elected and qualified on or after the effective date of this joint resolution must be established at an amount equal to the annual salary provided to members of the General Assembly.

       (2) For any justice or judge serving on the effective date of this joint resolution, the salary equalization required by item (1) applies only after the justice or judge completes his current term of office and is reelected to a subsequent term, if any.

       (3) The monthly office expense funding provided to any justice or judge may not exceed the monthly in-district compensation provided to members of the General Assembly.

 

SECTION 2.  This joint resolution takes effect upon approval by the Governor and expires on July 1, 2036.

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