For years one JP in my county has been paid more than the other three JPs since he had more cases. Lately, his workload has been reduced. A Commissioner is asking if Commissioners Court could reduce his salary to equalize all JP salaries. I do not believe this can be done during the JP's term of office, but could be done prior to a new term of office. I also think that Commissioners Court should advise of their intentions to equalize the salaries prior to the filing period so there is no confusion by potential candidates. Is my analysis correct?

Second, a Commissioner is asking whether the County Treasurer's salary can be reduced in the same manner prior to the next term of office. Can anyone advise me?

Elected officals' salaries may be adjusted during the annual budgeting process. The constraints on the commissioners court's discretion are two: the salaries must be reasonable (they must not amount to a budgetary abolishment of the office) and the must be no lower than salaries in effect in 1973 (I think, without looking at the applicable statutes). Also, an aggrieved elected offical may take his/her claim to the salary grievance committee. If the committee unanimously recommends a salary higher than that set by the commissioners court, the committee's recommendation is binding and must be included in the budget. As a practical matter, salaries that reflect the duties of the office and the office's workload (and exceed minimum wage) have been viewed by some courts, and the AG, as reflective of an adequate exercise of reason and discretion by the commissioners court. I could cite you a bunch of cases and AG opinions (we're currently up on appeal on a constable's salary mandamus suit), but the above discussion summarizes it all. If you would like the brief (as background), give me a call, e-mail me or fax me.

Thank you.

What about the auditor? Since the auditor is appointed by district judges, does that lock the auditor in for the entire two years?

The district judges who appoint the auditor set his/her salary, which is referenced by the pertinent statutes as the "annual salary" or "annual compensation." See Tex. Loc. Gov't Code secs. 152.031(a). .905(b). Use of the term "annual" instead of "biennial" suggests that the process is a yearly one.