Cornelius v. McWilliams

MATHERNE, Judge.

This is an action for declaratory judgment wherein the plaintiff, an associate judge on the Court of Criminal Appeals of Tennessee, seeks a declaration that the five percent limitation on judges annual salary adjustments set forth at T.C.A. § 8-23-103(d) is unconstitutional and that he is entitled to back pay. The chancellor held that the statute was not unconstitutional as applied to the plaintiff and dismissed the lawsuit. The plaintiff appeals.

I. The Facts and The Issues

In 1971 the legislature enacted a salary schedule for state judges for the eight-year judicial term…