2013 Maryland Code
ESTATES AND TRUSTS
§ 2-108 - Judges' compensation [Effective until October 1, 2013].

§2-108.

(a) Except in Montgomery County and Harford County, the judges of the courts shall receive compensation and allowances as prescribed by law. Unless otherwise provided, the compensation shall be paid in monthly installments. Mileage or travel expenses may not be allowed to a judge for attending sessions of his court except as specifically provided.

(b) Each of the judges of the Court for Allegany County shall receive an annual salary set by the County Commissioners in accordance with Article 24, Title 12, Subtitle 1 of the Code. Each judge shall also receive an expense allowance in the amount of $600 annually, to be paid at the rate of $50 monthly.

(c) (1) Each of the judges of the Court for Anne Arundel County shall receive an annual compensation of:

(i) $27,000 for calendar year 2007; and

(ii) $29,000 for calendar year 2008 and each subsequent calendar year.

(2) The Chief Judge shall receive an additional $500 annually.

(3) Each judge shall also receive an expense allowance up to $150 per month for personal expenses incidental to his duties, to be paid by the Comptroller of Anne Arundel County each month upon presentation of an itemized voucher in accordance with rules and regulations prescribed by the Comptroller.

(d) (1) (i) Each associate judge of the Court of Baltimore City shall receive an annual compensation of $62,500, and the Chief Judge shall receive an annual compensation of $72,500.

(ii) Each associate judge who was in active service on or after January 1, 1984 shall be paid after the termination of active service, if he is then at least 60 years of age or when he shall attain 60 years of age, a pension or salary calculated at the rate of $3,125 annually for each year, or a part of a year, of active service; but the maximum pension or salary for the service by an associate judge may not exceed $31,250 annually.

(iii) Each Chief Judge who was in active service on or after January 1, 1984, shall be paid, after the termination of active service, if he is then at least 60 years of age or when he shall attain 60 years of age, a pension or salary calculated at the rate of $3,625 annually for each year, or a part of a year of active service; but the maximum pension or salary for the service by a Chief Judge may not exceed $36,250 annually. The pension or salary shall be paid by the City of Baltimore in the same manner as the salaries of the judges of the Court for the City are paid.

(2) The surviving spouse of every elected judge of the Court of Baltimore City shall be paid one half of the pension to which his spouse was entitled at the time of his death, or would have become entitled to by reason of attaining 60 years of age. In each instance, the pension shall be paid to the spouse until remarriage or death. The provisions of this subsection shall not apply in the case of a spouse who was married to a sitting judge for a period of less than three years prior to his death, and to a retired judge for a period less than three years before his retirement.

(e) Each of the judges of the Court for Baltimore County shall receive an annual compensation of $39,000 beginning July 1, 2003. The Chief Judge shall receive an additional $500 annually.

(f) (1) Each of the judges of the Court for Calvert County shall receive as annual compensation the sum of:

(i) $8,000 for calendar year 2006;

(ii) $8,250 for calendar year 2007;

(iii) $8,500 for calendar year 2008; and

(iv) $8,750 for calendar year 2009 and each subsequent calendar year.

(2) The salary of the Chief Judge is:

(i) $8,200 for calendar year 2006;

(ii) $8,450 for calendar year 2007;

(iii) $8,700 for calendar year 2008; and

(iv) $8,950 for calendar year 2009 and each subsequent calendar year.

(3) The County Commissioners may provide additional funds for expenses for the judges.

(g) Each of the judges of the Court for Caroline County shall receive an annual salary as determined by the County Commissioners, but not less than $5,000.

(h) Each of the judges of the Court for Carroll County shall receive an annual compensation of $10,000 to be paid monthly. Each judge shall also be allowed $200 annually for traveling expenses, payable quarterly.

(i) Each of the judges of the Court for Cecil County shall receive an annual compensation of $5,500. Each judge shall also receive an allowance for traveling expenses of $780 annually, to be paid quarterly by the County Commissioners.

(j) (1) The annual salary for each judge of the Court for Charles County is $10,000.

(2) Each judge is entitled to $500 each year for travel expenses, payable quarterly.

(k) Each of the judges of the Court for Dorchester County shall receive an annual salary as determined by the County Council, but not less than $4,700. Each judge shall also receive an expense allowance as determined by the County Council, but not less than $800 annually.

(l) The Chief Judge of the Court for Frederick County shall receive an annual compensation of $6,500. Each of the associate judges of the Court for Frederick County shall receive an annual compensation of $6,000. Each judge also shall receive reimbursement for expenses actually incurred in the performance of duties, up to $700 per year, to be paid by the Board of County Commissioners each month upon presentation of an itemized voucher.

(m) (1) Each of the judges of the Court for Garrett County shall receive an annual salary set by the Board of County Commissioners in accordance with §§ 32.43 and 32.44 of the Public Local Laws of Garrett County.

(2) Each judge shall be reimbursed for traveling to and from the sessions of the Court at the rate Garrett County pays for mileage. Each judge shall also receive an amount for expenses for every day’s attendance on the sessions of the Court set by the Board of County Commissioners in accordance with §§ 32.43 and 32.44 of the Public Local Laws of Garrett County.

(n) Repealed.

(o) (1) Each judge of the Court for Howard County shall receive annual compensation of $8,000, to be paid monthly.

(2) The annual salary of the Chief Judge is $9,500, to be paid monthly.

(3) Each judge shall also receive an expense allowance, in addition, up to $50 per month, for personal expenses incidental to the judge’s duties, to be paid by the Treasurer of Howard County each month on presentation of an itemized voucher.

(p) Each of the judges of the Court for Kent County shall receive an annual compensation of $4,000. Each judge shall also receive an allowance for traveling expenses of $520 annually, to be paid quarterly by the County Commissioners.

(q) The salary of each associate judge of the Court for Prince George’s County shall be $42,000 per annum, and the salary of the Chief Judge shall be $42,500 per annum.

(r) (1) Each of the judges of the Court for Queen Anne’s County shall receive a salary as set by the County Commissioners.

(2) (i) Each judge shall receive an allowance for travel expenses in accordance with the County budget.

(ii) The County Commissioners shall pay quarterly to each judge the travel allowance provided in subparagraph (i) of this paragraph.

(s) (1) Each of the judges of the Court for St. Mary’s County shall receive an annual salary of:

(i) $6,000 for the calendar year 2007;

(ii) $6,500 for the calendar year 2008;

(iii) $7,000 for the calendar year 2009; and

(iv) $7,500 for the calendar year 2010.

(2) Each judge shall also be allowed $1,000 annually for traveling expenses, payable quarterly.

(t) (1) The Chief Judge of the Court for Somerset County shall receive an annual salary of $3,800 to be paid quarterly.

(2) Each of the associate judges of the Court for Somerset County shall receive an annual salary of $3,400 to be paid quarterly.

(3) Each judge shall also receive a daily allowance for traveling expenses of $34.50 for every day’s attendance upon the sessions of the Court.

(u) Each of the judges of the Court for Talbot County shall receive a salary as set by the County Council.

(v) (1) As compensation each of the judges of the Court for Washington County shall receive an annual compensation of not more than $7,000 per year.

(2) (i) Each judge shall also receive an expense allowance, not to exceed $1,000 per year, to be paid by the Board of County Commissioners upon presentation of an itemized voucher of legitimate expenses.

(ii) For purposes of subparagraph (i) of this paragraph, legitimate expenses include:

1. Registration fees for business related seminars and conferences;

2. $10 per year for judge’s association membership;

3. Parking expenses incurred while on business related trips out of the county, upon presentation of a receipt from the parking facility indicating the amount;

4. A gasoline expense, equal to the amount per mile paid other Washington County employees while traveling to business related activities held out of the county;

5. A meal expense, not to exceed $30 per day, incurred while on business related trips out of the county; and

6. A room expense, not to exceed $85 per day, incurred while on business related activities held out of the county.

(w) Each judge of the Court for Wicomico County shall receive an annual salary of $6,400 to be paid quarterly. Each judge shall also receive an annual allowance for traveling expenses of $1,560 to be paid quarterly.

(x) The Board of County Commissioners of Worcester County shall determine the compensation for judges of the Court for Worcester County but the compensation may not be less than the sum of $30 for every day’s attendance upon the sessions of the Court. The judges shall also receive an allowance for traveling expenses of $1,600 annually.

(y) (1) Except in Montgomery, Frederick, Carroll, Talbot, Cecil, Kent, Queen Anne’s, Baltimore, Garrett, and Harford counties and Baltimore City, and except as provided in paragraphs (3) and (4) of this subsection, a county shall pay a pension, in the same manner as salaries are paid during active service, to each judge of the Orphans’ Court who:

(i) Has terminated active service;

(ii) Has reached 60 years of age; and

(iii) Has completed at least two terms of office.

(2) Except as provided in this section, the salary or pension shall be the greater of:

(i) $1,200 annually; or

(ii) An annual amount calculated at the rate of 4 percent of the last annual amount of compensation multiplied by the number of years or partial years of service, not exceeding 12 years.

(3) An Orphans’ Court judge in Somerset County and Worcester County is eligible for a pension under this subsection only if he is in office on or before July 1, 1979.

(4) In Wicomico County, an Orphans’ Court judge who has completed at least 12 years in office is eligible for a pension under this subsection.

(5) In Prince George’s County, the salary or pension to each Orphans’ Court judge shall be the greater of:

(i) $1,200 annually; or

(ii) An annual amount calculated at the rate of 4 percent of the last annual amount of compensation multiplied by the number of years or partial years of service, not exceeding 20 years.

(6) In Allegany County, the pension for an Orphans’ Court judge shall be the greater of:

(i) $1,200 annually; or

(ii) 1. Except as provided in item 2 of this subparagraph, an annual amount calculated at the rate of 4 percent of the last annual amount of compensation multiplied by the number of years of service, not exceeding 16 years; or

2. An annual amount equal to two-thirds of the last annual amount of compensation if the judge has more than 16 years of service.

(7) The pension or salary may be suspended during any month the judge is a full-time employee of any county or of this State.

(8) Notwithstanding any provision of this section an Orphans’ Court judge may not receive a pension under this section if he is receiving any other State pension based on service as an Orphans’ Court judge.

§ 2-108 - Judges' compensation [Effective October 1, 2013].

(a) Montgomery County and Harford County excepted; compensation payable monthly; mileage. -- Except in Montgomery County and Harford County, the judges of the courts shall receive compensation and allowances as prescribed by law. Unless otherwise provided, the compensation shall be paid in monthly installments. Mileage or travel expenses may not be allowed to a judge for attending sessions of his court except as specifically provided.

(b) Allegany County. -- Each of the judges of the Court for Allegany County shall receive an annual salary set by the County Commissioners in accordance with Article 24, Title 12, Subtitle 1 of the Code. Each judge shall also receive an expense allowance in the amount of $ 600 annually, to be paid at the rate of $ 50 monthly.

(c) Anne Arundel County. --

(1) Each of the judges of the Court for Anne Arundel County shall receive an annual compensation of:

(i) $ 27,000 for calendar year 2007; and

(ii) $ 29,000 for calendar year 2008 and each subsequent calendar year.

(2) The Chief Judge shall receive an additional $ 500 annually.

(3) Each judge shall also receive an expense allowance up to $ 150 per month for personal expenses incidental to his duties, to be paid by the Comptroller of Anne Arundel County each month upon presentation of an itemized voucher in accordance with rules and regulations prescribed by the Comptroller.

(d) Baltimore City. --

(1) (i) Each associate judge of the Court of Baltimore City shall receive an annual compensation of $ 62,500, and the Chief Judge shall receive an annual compensation of $ 72,500.

(ii) Each associate judge who was in active service on or after January 1, 1984 shall be paid after the termination of active service, if he is then at least 60 years of age or when he shall attain 60 years of age, a pension or salary calculated at the rate of $ 3,125 annually for each year, or a part of a year, of active service; but the maximum pension or salary for the service by an associate judge may not exceed $ 31,250 annually.

(iii) Each Chief Judge who was in active service on or after January 1, 1984, shall be paid, after the termination of active service, if he is then at least 60 years of age or when he shall attain 60 years of age, a pension or salary calculated at the rate of $ 3,625 annually for each year, or a part of a year of active service; but the maximum pension or salary for the service by a Chief Judge may not exceed $ 36,250 annually. The pension or salary shall be paid by the City of Baltimore in the same manner as the salaries of the judges of the Court for the City are paid.

(2) The surviving spouse of every elected judge of the Court of Baltimore City shall be paid one half of the pension to which his spouse was entitled at the time of his death, or would have become entitled to by reason of attaining 60 years of age. In each instance, the pension shall be paid to the spouse until remarriage or death. The provisions of this subsection shall not apply in the case of a spouse who was married to a sitting judge for a period of less than three years prior to his death, and to a retired judge for a period less than three years before his retirement.

(e) Baltimore County. -- Each of the judges of the Court for Baltimore County shall receive an annual compensation of $ 39,000 beginning July 1, 2003. The Chief Judge shall receive an additional $ 500 annually.

(f) Calvert County. --

(1) Each of the judges of the Court for Calvert County shall receive as annual compensation the sum of:

(i) $ 8,000 for calendar year 2006;

(ii) $ 8,250 for calendar year 2007;

(iii) $ 8,500 for calendar year 2008; and

(iv) $ 8,750 for calendar year 2009 and each subsequent calendar year.

(2) The salary of the Chief Judge is:

(i) $ 8,200 for calendar year 2006;

(ii) $ 8,450 for calendar year 2007;

(iii) $ 8,700 for calendar year 2008; and

(iv) $ 8,950 for calendar year 2009 and each subsequent calendar year.

(3) The County Commissioners may provide additional funds for expenses for the judges.

(g) Caroline County. -- Each of the judges of the Court for Caroline County shall receive an annual salary as determined by the County Commissioners, but not less than $ 5,000.

(h) Carroll County. -- Each of the judges of the Court for Carroll County shall receive an annual compensation of $ 10,000 to be paid monthly. Each judge shall also be allowed $ 200 annually for traveling expenses, payable quarterly.

(i) Cecil County. -- Each of the judges of the Court for Cecil County shall receive an annual compensation of $ 5,500. Each judge shall also receive an allowance for traveling expenses of $ 780 annually, to be paid quarterly by the County Commissioners.

(j) Charles County. --

(1) The annual salary for each judge of the Court for Charles County is $ 10,000.

(2) Each judge is entitled to $ 500 each year for travel expenses, payable quarterly.

(k) Dorchester County. -- Each of the judges of the Court for Dorchester County shall receive an annual salary as determined by the County Council, but not less than $ 4,700. Each judge shall also receive an expense allowance as determined by the County Council, but not less than $ 800 annually.

(l) Frederick County. -- The Chief Judge of the Court for Frederick County shall receive an annual compensation of $ 6,500. Each of the associate judges of the Court for Frederick County shall receive an annual compensation of $ 6,000. Each judge also shall receive reimbursement for expenses actually incurred in the performance of duties, up to $ 700 per year, to be paid by the Board of County Commissioners each month upon presentation of an itemized voucher.

(m) Garrett County. --

(1) Each of the judges of the Court for Garrett County shall receive an annual salary set by the Board of County Commissioners in accordance with §§ 32.43 and 32.44 of the Public Local Laws of Garrett County.

(2) Each judge shall be reimbursed for traveling to and from the sessions of the Court at the rate Garrett County pays for mileage. Each judge shall also receive an amount for expenses for every day's attendance on the sessions of the Court set by the Board of County Commissioners in accordance with §§ 32.43 and 32.44 of the Public Local Laws of Garrett County.

(n) Harford County. -- Repealed by Acts 1976, ch. 107, effective July 1, 1976.

(o) Howard County. --

(1) Each judge of the Court for Howard County shall receive annual compensation of $ 10,000, to be paid monthly.

(2) The annual salary of the Chief Judge is $ 11,500, to be paid monthly.

(3) Each judge shall also receive an expense allowance, in addition, up to $ 50 per month, for personal expenses incidental to the judge's duties, to be paid by the Treasurer of Howard County each month on presentation of an itemized voucher.

(p) Kent County. -- Each of the judges of the Court for Kent County shall receive an annual compensation of $ 4,000. Each judge shall also receive an allowance for traveling expenses of $ 520 annually, to be paid quarterly by the County Commissioners.

(q) Prince George's County. -- The salary of each associate judge of the Court for Prince George's County shall be $ 42,000 per annum, and the salary of the Chief Judge shall be $ 42,500 per annum.

(r) Queen Anne's County. --

(1) Each of the judges of the Court for Queen Anne's County shall receive a salary as set by the County Commissioners.

(2) (i) Each judge shall receive an allowance for travel expenses in accordance with the County budget.

(ii) The County Commissioners shall pay quarterly to each judge the travel allowance provided in subparagraph (i) of this paragraph.

(s) St. Mary's County. --

(1) Each of the judges of the Court for St. Mary's County shall receive an annual salary of:

(i) $ 6,000 for the calendar year 2007;

(ii) $ 6,500 for the calendar year 2008;

(iii) $ 7,000 for the calendar year 2009; and

(iv) $ 7,500 for the calendar year 2010.

(2) Each judge shall also be allowed $ 1,000 annually for traveling expenses, payable quarterly.

(t) Somerset County. --

(1) The Chief Judge of the Court for Somerset County shall receive an annual salary of $ 3,800 to be paid quarterly.

(2) Each of the associate judges of the Court for Somerset County shall receive an annual salary of $ 3,400 to be paid quarterly.

(3) Each judge shall also receive a daily allowance for traveling expenses of $ 34.50 for every day's attendance upon the sessions of the Court.

(u) Talbot County. -- Each of the judges of the Court for Talbot County shall receive a salary as set by the County Council.

(v) Washington County. --

(1) As compensation each of the judges of the Court for Washington County shall receive an annual compensation of not more than $ 7,000 per year.

(2) (i) Each judge shall also receive an expense allowance, not to exceed $ 1,000 per year, to be paid by the Board of County Commissioners upon presentation of an itemized voucher of legitimate expenses.

(ii) For purposes of subparagraph (i) of this paragraph, legitimate expenses include:

1. Registration fees for business related seminars and conferences;

2. $ 10 per year for judge's association membership;

3. Parking expenses incurred while on business related trips out of the county, upon presentation of a receipt from the parking facility indicating the amount;

4. A gasoline expense, equal to the amount per mile paid other Washington County employees while traveling to business related activities held out of the county;

5. A meal expense, not to exceed $ 30 per day, incurred while on business related trips out of the county; and

6. A room expense, not to exceed $ 85 per day, incurred while on business related activities held out of the county.

(w) Wicomico County. -- Each judge of the Court for Wicomico County shall receive an annual salary of $ 6,400 to be paid quarterly. Each judge shall also receive an annual allowance for traveling expenses of $ 1,560 to be paid quarterly.

(x) Worcester County. -- The Board of County Commissioners of Worcester County shall determine the compensation for judges of the Court for Worcester County but the compensation may not be less than the sum of $ 30 for every day's attendance upon the sessions of the Court. The judges shall also receive an allowance for traveling expenses of $ 1,600 annually.

(y) Pensions; certain counties and Baltimore City excepted. --

(1) Except in Montgomery, Frederick, Carroll, Talbot, Cecil, Kent, Queen Anne's, Baltimore, Garrett, and Harford counties and Baltimore City, and except as provided in paragraphs (3) and (4) of this subsection, a county shall pay a pension, in the same manner as salaries are paid during active service, to each judge of the Orphans' Court who:

(i) Has terminated active service;

(ii) Has reached 60 years of age; and

(iii) Has completed at least two terms of office.

(2) Except as provided in this section, the salary or pension shall be the greater of:

(i) $ 1,200 annually; or

(ii) An annual amount calculated at the rate of 4 percent of the last annual amount of compensation multiplied by the number of years or partial years of service, not exceeding 12 years.

(3) An Orphans' Court judge in Somerset County and Worcester County is eligible for a pension under this subsection only if he is in office on or before July 1, 1979.

(4) In Wicomico County, an Orphans' Court judge who has completed at least 12 years in office is eligible for a pension under this subsection.

(5) In Prince George's County, the salary or pension to each Orphans' Court judge shall be the greater of:

(i) $ 1,200 annually; or

(ii) An annual amount calculated at the rate of 4 percent of the last annual amount of compensation multiplied by the number of years or partial years of service, not exceeding 20 years.

(6) In Allegany County, the pension for an Orphans' Court judge shall be the greater of:

(i) $ 1,200 annually; or

(ii) 1. Except as provided in item 2 of this subparagraph, an annual amount calculated at the rate of 4 percent of the last annual amount of compensation multiplied by the number of years of service, not exceeding 16 years; or

2. An annual amount equal to two-thirds of the last annual amount of compensation if the judge has more than 16 years of service.

(7) The pension or salary may be suspended during any month the judge is a full-time employee of any county or of this State.

(8) Notwithstanding any provision of this section an Orphans' Court judge may not receive a pension under this section if he is receiving any other State pension based on service as an Orphans' Court judge.