Differential Billing Issue Divides Judges : Controversy: Some jurists say those on the municipal bench seeking extra pay for Superior Court duties deserve the money. Others see it as a petty move.

While keeping up with the calendar in Westminster Municipal Court, some judges are also keeping time sheets to bill the state when they help their better-paid counterparts in Superior Court.

The differential billing--roughly $28 a day per judge, before taxes--is controversial among the Orange County bench. Some say it is “petty” for well-paid judges to bill taxpayers for extra service, especially when the state is so financially strapped. Others say the practice simply compensates judges for the difficult job they perform each day.

“I’m one of the people who believe you should get paid for the responsibility--and liability--that you open yourself up to,” said Municipal Judge Donald S. Macintyre, who likened it to “hazardous duty pay” in the military. “I think most people expect to be paid for the job they do.”

Municipal judges earn $90,680 a year and typically handle misdemeanor cases--such as drunken driving or traffic violations--along with arraignments and preliminary hearings in more serious felony matters. Superior Court judges are paid $99,297 annually to preside over civil and felony trials, including murder, assaults and robberies.

Superior Court judges grappling with heavy caseloads welcome the assistance from the Municipal Court, such as accepting guilty pleas and handling felony sentencings or trials. But Westminster Municipal Court is the only one of the county’s five courthouses where some of the judges are asking for extra pay for the work.

Ellen McCarthy, spokeswoman for state Administrative Office of the Courts, said most municipal judges statewide request the additional pay.

“They should--it’s allowed under a state statute so I don’t see why they wouldn’t,” she said. “We pay for the full day, regardless of how many hours are involved.”

Newport Beach Municipal Judge Margaret R. Anderson said judges hold a special public trust and should not require extra money to fulfill that obligation.

“It doesn’t take any more time to do a Superior Court job than it does a Municipal Court job. It doesn’t take any more time--or any more training,” she said. “Especially in these economic times and with the lack of resources, any judge who has available time should do any work available.”

Many say the cooperation between the Municipal and Superior courts helps cases move more quickly through the system and ultimately saves precious court time and taxpayer money.

Macintyre and colleague Judge Corey Cramin said they have recently begun tabulating their time and have not yet been paid the salary differential.

Presiding Judge Robert H. Gallivan said the eight municipal judges in Westminster can decide individually whether to apply for the additional salary.

“For those judges that choose to do so, it’s certainly proper,” Gallivan said. “There is nothing wrong with being paid for the job you do.”

Some Municipal and Superior Court judges said privately that they are critical of plans to bill the state for the work.

“It’s just petty. It’s not going to break the bank and it’s cheaper than hiring new judges, but it’s just petty,” said one municipal judge.

“If you’re too busy, don’t take the trial, but if you’re not, what else are you doing?” said a Superior Court judge.

Presiding Judge Ronald P. Kreber of Laguna Niguel Municipal Court said judges there decided they would not take the extra pay, but said that if municipal judges find themselves on Superior Court cases full time, that philosophy could change.

“We switch our roles so often throughout the day, we decided we don’t want to get involved with the bureaucratic paperwork involved in detailing what we do every minute,” he said.

Westminster Municipal Judge Dan C. Dutcher said he would not take the additional pay, but also refused to comment on judges who decide to do so.

“As far as I am concerned, I am a Municipal Court judge and that’s what I’m paid for, regardless of what I do. I’ll gladly take a pay raise,” he said, “but I believe we’re trying to take some of the heat off the Superior Court and I don’t mind doing that.”