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B-207501 1 (1982-09-27)

handle is hein.gao/gaobadkqu0001 and id is 1 raw text is: C - THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES 0 WASHINGTON, D.C. 2054B FILE: B-207501 DATE: September 27, 1982 MATTER OF: William E. Foley, et al., - Application of Pay Caps to Three Judicial Branch Positions DIGEST: Salaries of the Directors of Administrative Office of the United States Courts and Federal Judicial Center and the Administrative Assistant to the Chief Justice are by statute linked to the salary of a Federal district judge. Under Article III of the Constitution, as interpreted by the Supreme Court, Federal district judges have received several recent pay increases, not- withstanding the enactment of pay caps limiting pay increases for executive, legislative, and judicial branch officials. Since district judges' salaries have increased, these three officials are entitled to the same increases, despite pay caps. The issue presented is whether the pay caps contained in various appropriations acts since 1976 limit the salaries of three judicial branch employees whose pay is set by statute to be the same as the pay of a United States district court judge. We hold that the Director of the Administrative Office of the United States Courts, the Director of the Federal Judicial Center, and the Administrative Assistant to the Chief Justice, are not subject to the pay caps contained in recent appropriations acts to the extent that the pay caps do not apply to district judges. The three officials, by specific statutory authority, are to be paid the same as district judges whose pay has increased, despite the enactment of pay caps, because of the constitutional protection accorded Article III judges against diminution of their salaries.

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