The General Assembly shall prescribe and regulate the fees, salaries, and emoluments of all officers provided for in this Article, but the salaries of Judges shall not be diminished during their continuance in office. In no case shall the compensation of any Judge or Magistrate be dependent upon his decision or upon the collection of costs.
Cross References. - As to salaries, fees and allowances, see G.S. 138-1 et seq.
History Note. - The provisions of this section are similar to those of Art. IV, § 19, Const. 1868, as that article was rewritten in 1962.
Legal Periodicals. - See 11 N.C.L. Rev. 256 (1933).
CASE NOTES
Prohibition of Salary Diminution Applies Only to Constitutional Courts. - The provision of this section that the salaries of judges shall not be diminished during their continuance in office applies only to judges of courts existing by virtue of the Constitution and not to those established by legislative enactment. Efird v. Board of Comm'rs, 219 N.C. 96, 12 S.E.2d 889 (1941), decided under Art. IV, § 18, Const. 1868, prior to the 1962 revision of the Article.
Duty of Supreme Court to Pass upon Right of Judge to Tax Exemption. - It is the duty of the Supreme Court to pass upon the rights of one of the judges of the State as a citizen thereof, when he, in a case properly presented, denies the constitutional right of the State or one of its designated agencies to tax his salary paid to him as one of its judges. Long v. Watts, 183 N.C. 99, 110 S.E. 765 (1922), decided under Art. IV, § 18, Const. 1868, prior to the 1962 revision of the Article.
Compensation for Holding Extra Term. - Additional compensation of $100.00 given to a superior court judge for services in holding a special term was a part of his salary. Buxton v. Commissioners of Rutherford, 82 N.C. 91 (1880), decided under Art. IV, § 18, Const. 1868, prior to the 1962 revision of the Article.