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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
                 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
           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

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