"Section 19, article VI of the California Constitution requires that theLegislature 'prescribe compensation for judges of courts of record,'"Associate Justice Patricia Benke wrote in her 37-page opinion. "The dutyto prescribe judicial compensation is not delegable. Thus the practice ofthe County of Los Angeles (the county) providing Los Angeles Countysuperior court judges with employment benefits, in addition to thecompensation prescribed by the Legislature, is not permissible.Accordingly, we must reverse an order granting summary judgment in favor ofthe county in an action brought by a taxpayer who challenged the validityof the benefits the county provides to its superior court judges."

In 1997, the California State Legislature enacted a law providing that"[o]n and after July 1, 1997, the state shall assume sole responsibilityfor the funding of court operations," including salaries and benefitspackages. Since 1998, however, Los Angeles County has continued to provideat least $120 million in taxpayer funded perks and supplemental benefits tojudges in the county despite the California Constitution's clear mandatethat only the legislature can set the level of compensation received byjudges.

For example, in 2007 Los Angeles County provided the judges with cashallowances equal to 19% of the salary they received from the state. Judgeswere allowed to either purchase additional health, life, disability andother benefits from the county's MegaFlex benefits plan on a pre-tax basisor keep the cash as taxable income. Overall, each superior court judge waseligible to receive $46,436 in supplemental compensation from Los AngelesCounty, an additional 27% of the salary received from the state, for atotal cost of $21 million in fiscal year 2007 alone. Judicial Watch'sSturgeon litigation was handled by Judicial Watch Litigation Director PaulJ. Orfanedes and Judicial Watch's senior California attorney Sterling"Ernie" Norris.

"This appellate court ruling represents a tremendous victory the taxpayersand citizens of California," said Judicial Watch President Tom Fitton."This extra pay for LA County judges was an affront to the rule of law andnow, thanks to our lawsuit, taxpayers in LA could save up to $22 million ayear."

The decision and other documents related to Judicial Watch's lawsuitagainst Los Angeles County over its judicial "double dipping" scheme willbe available at www.judicialwatch.org.

Contact:Jill Farrell202-646-5188