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§ 13. Compensation of justices and judges; certain limitation. The justices of the supreme court and judges of the district courts shall receive for their services such compensation as may be provided by law, which shall not be diminished during their terms of office, unless by general law applicable to all salaried officers of the state. Such justices or judges shall receive no fees or perquisites nor hold any other office of profit or trust under the authority of the state, or the United States except as may be provided by law, or practice law during their continuance in office.

History: Adopted by convention, July 29, 1859; ratified by electors, October 4, 1859; L. 1861, p. 56; L. 1947, ch. 249, § 1; L. 1972, ch. 392, § 1; November 7, 1972.

Law Review and Bar Journal References:

"The Only Votes that Count: The Kansas Supreme Court Applies Common Law, Not Common Sense, to Invalidate Board of Education Elections," Luke Sobba, 40 W.L.J. 610 (2001).

Attorney General's Opinions:

Compensation of justices and judges; certain limitations. 87-2.

Certain limitations on compensation of justices and judges; prohibition on holding other offices. 92-85.

Permissibility of workers compensation administrative law judge serving as municipal court judge. 95-51.

2.5% salary increase for judges when certain other state employees received a 5% increase does not violate the compensation clause. 2018-19.

CASE ANNOTATIONS

1. Constitution does not by implication forbid legislative control over salaries. Hiner v. Miami County, 9 Kan. App. 542, 543, 59 P. 382.

2. Provision concerning not holding other office, considered and applied. The State, ex rel., v. Cobb, 2 Kan. 32.

3. Where official term fixed, election to fill next term valid. The State, ex rel., Goodin v. Thoman, 10 Kan. 191, 194.

4. Section cited in considering right of probate judge issuing liquor permit. Intoxicating-Liquor Cases, 25 Kan. 751, 759.

5. Except in specified cases, Legislature may increase or diminish salaries. Harvey, Treas., v. Comm'rs of Rush Co., 32 Kan. 159, 162, 4 P. 153.

6. Acting as district court and magistrate independent of court considered. The State v. Forbriger, 34 Kan. 1, 7, 7 P. 631.

7. Incompatible offices, discussed and defined. Abry v. Gray, 58 Kan. 148, 149, 150, 48 P. 577.

8. Judge violating this section held to be de facto judge. Railway Co. v. Preston, 63 Kan. 819, 821, 822, 66 P. 1050.

9. Section cited in considering constitutionality of "veterans preference law." Goodrich v. Mitchell, 68 Kan. 765, 769, 75 P. 1034.

10. During his term judge performs all duties without increased compensation. Moore v. Nation, 80 Kan. 672, 674, 687, 103 P. 107.

11. Conservancy court composed of judges of several districts void. Verdigris Conservancy District v. Objectors, 131 Kan. 214, 217, 289 P. 966.

12. Cited in holding probate judge properly enjoined from practice of law. Wheat v. Hilkey, 148 Kan. 60, 62, 79 P.2d 865.

13. Mentioned; separation of powers doctrine inherent in Kansas Constitution. State, ex rel., v. State Office Building Commission, 185 Kan. 563, 568, 345 P.2d 674.