Roberts blasts inadequate pay for judges

Seattle Post-Intelligencer ^ | December 31, 2006 | PETE YOST

[indcons]

Pay for federal judges is so inadequate that it threatens to undermine the judiciary's independence, Chief Justice John Roberts says in a year-end report critical of Congress.

Issuing an eight-page message devoted exclusively to salaries, Roberts says the 678 full-time U.S. District Court judges, the backbone of the federal judiciary, are paid about half that of deans and senior law professors at top schools.

In the 1950s, 65 percent of U.S. District Court judges came from the practicing bar and 35 percent came from the public sector. Today the situation is reversed, Roberts said, with 60 percent from the public sector and less than 40 percent from private practice.

Federal district court judges are paid $165,200 annually; appeals court judges make $175,100; associate justices of the Supreme Court earn $203,000; the chief justice gets $212,100.

Thirty-eight judges have left the federal bench in the past six years and 17 in the past two years.

The issue of pay, says Roberts, "has now reached the level of a constitutional crisis."

"Inadequate compensation directly threatens the viability of life tenure, and if tenure in office is made uncertain, the strength and independence judges need to uphold the rule of law - even when it is unpopular to do so - will be seriously eroded," Roberts wrote.

[freedomfiter2]

Do Catholics homeschool much? I'm thinking most of the homeschool programs are geared toward the Protestant. Not sure, obviously.


I've met a few who do. Catholics tend to live in more urban areas where catholic schools are available.

[EternalVigilance]

Pay for federal judges is so inadequate that it threatens to undermine the judiciary's independence, Chief Justice John Roberts says...

Independence my patootie. They already think they are the Supreme branch of government rather than a co-equal one, and we have few in the Executive or Legislative branches with the cajones to disabuse them of that dangerous notion.

“The germ of destruction of our nation is in the power of the judiciary, an irresponsible body --- working like gravity by night and by day, gaining a little today and a little tomorrow, and advancing its noiseless step like a thief over the field of jurisdiction, until all shall render powerless the checks of one branch over the other and will become as venal and oppressive as the government from which we separated,” - Thomas Jefferson, 1821

[GovernmentShrinker]

It's not that they're resigning at a high rate, it's that the good people aren't taking the jobs in the first place.

[Richard from IL]

He had a patent giving him the right to all non-governmental uses of GPS. It, alas, ran out in 1991 just as GPS took off. However, he received the National Medal of Technology from President Bush on 2/13/2006.

http://www.nationalmedals.org/2004photos/20060213_Easton-72.jpg

Here's an article I wrote about it (I'm just to the right of my dad in the photo).

http://www.thespacereview.com/article/626/1

My dad's happy that he stayed in the government. Anyone can make money; how many people help invent as significant as GPS.

[CottShop]

lol I saw this in my paper this mornin- the article headline read "Judges receive 'low' pay" Since when is $200,000.00 concidered 'low pay'? Cripes While the rest of America struggles to make anywhere from $20,000 to $50,000 per year- these folks are whining about $200,000 per year?

Perhaps we should drop their pay to $50,000 for a couple years so that they understand where America is comming from when they make their disconnected judgements against hte majority of Americans! http://sacredscoop.com

[Young Scholar]

sure isn't .... the new, top law school grads can expect salaries not far below a District Court judge.

The market rate for first-year attorneys at top law firms (salary + bonus) was $180,000 this year--higher than a district judge. Law partners (as many appeals court and even district court judges could expect to be if they entered the private sector) often make over $1 million.

As much as some people wish to perform public service, it must be hard to take that kind of pay cut for an entire career. And for those who question whether a judge has ever declined an appointment over pay, that would be difficult to know, since lawyers rarely issue a press release when declining an appointment. On the other hand, J. Michael Luttig, one of the brightest conservative legal minds in the country, and a likely prospect for the Supreme Court, recently resigned from the Appeals Court because of pay. With his kids entering college (and the mid-$100,000s is a very difficult income range to send kids to college on, since you rarely get any need-based aid, while $40,000 a year per kid makes a significant dent on the finances), he left for a job a Boeing that probably paid well over $1 million.

[GovernmentShrinker]

But of course homeschooling would necessitate giving up one parent's income. In fact, many people in jobs like this can only afford to take them because their spouse is working in the private sector.

[Earthdweller]

"I've met a few who do. Catholics tend to live in more urban areas where catholic schools are available."

Well Roberts may be looking at some expenses coming up for college for his children. I know the Catholic college he went to has a hefty tuition.

I know, I know. Cry me a river. :)

[newzjunkey]

Give me a break. San Diego housing is expensive but no where near the point any six figure salary isn't sufficient to find a home. They won't be stuck living in Barrio Logan or Linda Vista.

[undeniable logic]

These people are out of touch with reality.

Federal district court judges are paid $165,200 ...The issue of pay, says Roberts, "has now reached the level of a constitutional crisis."

It's all about outside options. If a decent lawyer can make well over $165,200 being a lawyer, then what incentive does he have to become a judge? If lawyers are financially motivated, then the only lawyers that would become a judge are those who cannot earn $165,200 being a lawyer.

It's not being out of touch with reality. It's asking the question of whether we want our judges to be lawyers who could not make it.

BTW, I have no idea what the payscale is for lawyers. I'm only assuming that good lawyers should easily be able to clear $165,200. Maybe I'm wrong.

[Harmless Teddy Bear]

In the 1950s, 65 percent of U.S. District Court judges came from the practicing bar and 35 percent came from the public sector. Today the situation is reversed, Roberts said, with 60 percent from the public sector and less than 40 percent from private practice.

And that is the money shot.

We don't want judges who have spent all their time in the public sector. We want judges who have a passing acquaintance with the real world.

Bottom line is that we either pay enough money to get these judges or we will pay in other ways.

[Young Scholar]

There's no reason they should make over 100k, imo.

Who do you want accepting judicial positions? With that kind of pay, you'd limit your options to life-long "public servants," third-tier law graduates, and those who are independently wealthy and don't need the pay--not exactly the composition of a balanced judiciary.

[GovernmentShrinker]

In many cases, incompetent judges are indeed replacing incompetent predecessors. In some cases they're replacing predecessors who grew up and realized they should go out and get a job that pays them their real market value. A bunch of boobs? Well, that would accurately describe the current crew of the Ninth Circuit.

[little jeremiah]

Good morning to you, friend - and Happy New Year!

I just feel so sorry for those poor judges, maybe I can send them a box of some basic supplies they can't afford.

/ex. sarc.

(We live on less than $25K a year. Of course, no mortgage or rent helps.)

[newzjunkey]

I'd be more inclined to support Robert's point of view if I didn't feel that the average plumber would do a better job of interpreting the law and the Constitution than the average federal judge.

Amen.

As for legislators, I'd like to see our largely useless elected representatives making minimum wage.

[Richard from IL]

Here's a partial list of this awards:

During his career at NRL he was awarded 11 patents. Major awards include: The Distinguished Civilian Service Award (1960); 1978, The Institute of Navigation's Colonel Thomas L. Thurlow Navigation Award "for outstanding contribution to the science of navigation for the year 1978" (1978); The Naval Space Surveillance Center established the Roger L. Easton Science and Engineering Award to mark the 30th anniversary of the Naval Space Surveillance System (1991); National Aeronautic Association's 1992 Robert J. Collier Trophy presented to the GPS Team composed of NRL, USAF, Aerospace Corp., Rockwell International and IBM Federal Systems "for the most significant development for safe and efficient navigation and surveillance of air and spacecraft since the introduction of radio navigation 50 years ago" (1993); The Naval Research Laboratory established the Roger L. Easton Award for Engineering Excellence "in recognition of the multiple contributions in engineering excellence achieved at NRL by and under the leadership of Roger Easton" (1995); Induction by GPS Joint Program Office into GPS Hall of Fame "for his overwhelming contributions to engineering applications in navigation satellite technology [that] have made GPS a reality" (1996); and, The American Philosophical Society, Magellanic Premium for Navigation "for development of the Global Positioning System" (1997).
National Medal of Technology. (2004)

http://www.nrl.navy.mil/pressRelease.php?Y=2005&R=60-05r

A two minute video of his career starts three minutes into:

http://www.nationalmedals.org/videos.htm

Go to either
The Lives and Accomplishments of the 2004 National Medals Laureates (256)

or
The Lives and Accomplishments of the 2004 National Medals Laureates (56)

[Frwy]

From where I sit, they seem to be paid very well. In fact, I seem to recall that they have taken on a new self acquired duty - writing laws for the country. As I seem to remember, judges were supposed to judge. NOT WRITE LAWS.

Isn't there a group of elected "servants" whose job it is to write the laws? What's that group? Congo, Conduit, Con..., oh, I remember, Congress. Yea, that's what it is. We have the opportunity to elect these people and not elect them if they don't do the job well. (Not that we pay much attention to this opportunity, right and DUTY.) But none the less, that was the intent. It was never intended for judges to write laws. Who in the heck do they think they are? More money. Nah! I don't think so. Even their judging has taken on a suspicious political air. But can we fire them?

[freedomfiter2]

In fact, many people in jobs like this can only afford to take them because their spouse is working in the private sector.



There is nowhere in the country that you can't scrape by on $200,000 plus benefits per year.

[Young Scholar]

Many (perhaps most) of them could be partners at top law firms if they left the bench.

[undeniable logic]

Please tell me what private industry employs judges.

No offense, but this is just a stupid line of reasoning. Private industry employs people with the same skills as those held by judges. The government is competing with private industry to hire people with those skills.

With your reasoning, the competetive wage for any type of employment that does not exist in the private sector is zero. Judges should be paid nothing, our military should be paid nothing, so on and so forth. Anything more than zero and these public sector employees are nothing but greedy bastards.