3-10-207. Salaries. (1) The board of county commissioners shall set salaries for justices of the peace by resolution and may, for all or the remainder of each fiscal year, in conjunction with setting salaries for other officers as provided in 7-4-2504(1), set their salaries at the prior fiscal year level if that does not result in a reduction in salary. Salaries must meet the minimum requirements established by this section.
     (2) If the salary of the justice of the peace was determined on a fee basis for the years 1971 and 1972, he shall receive a monthly salary of not less than one-eighteenth of the total fees, civil and criminal, collected by the justice or his predecessor in office during the 2 years 1971 and 1972.
     (3) If the salary of the justice of the peace was determined on a nonfee basis for the years 1971 and 1972, the justice shall be paid not less than the highest salary earned by the justice or his predecessor for the years 1971 and 1972.
     (4) The salary of the justice of the peace may not be less than the salary for the district clerk of the court in that county, except as provided for in subsections (1) and (5).
     (5) In the event his court is not open for business full time, the justice's salary shall be commensurate to the workload and office hours of the court.

     History: En. Sec. 1, Ch. 491, L. 1973; R.C.M. 1947, 93-413; amd. Sec. 1, Ch. 536, L. 1979; amd. Sec. 1, Ch. 12, Sp. L. June 1986.