| Bar Bulletin |
July,
2003 |
| MSBA News |
|
MSBA Backs Hike in Pay for Federal Judges
~Supports Legislation to Boost Salaries~
By Janet Stidman Eveleth
Federal legislation
to increase the salaries of federal judges by 16.5 percent has gained the
support of the Maryland State Bar Association. In recent decades, the
salaries of federal judges have significantly eroded. To protect and
support the federal judiciary, one of our nation’s greatest assets, MSBA
has joined the American Bar Association and other state bars as advocates
for a substantial raise in pay for federal judges so the high quality and
independence of our federal judiciary may be preserved.
Today, federal
judicial compensation is far from adequate. Federal judges are all
experienced attorneys who perform a vital function in advancing the rule
of law and upholding Constitutional principles. However, they are not
equitably compensated for fulfilling this vital and invaluable role. Thus,
the organized Bar has joined forces to call for judicial pay reform which
would substantially increase federal judicial salaries.
According to the
ABA, “the compensation paid to our federal district court judges has
declined by 23.5 percent in real dollars since 1969.” Nor have federal
judges received a cost of living increase in five of the last 10 years. As
a result, many federal judges are leaving the federal bench and many
qualified lawyers are declining appointment considerations. This trend
poses serious consequences to our rule of law and threatens our nation’s
federal judiciary.
The departure rate
of federal judges in recent years is alarming. Between 1990 and April
2003, 77 federal judges either resigned or retired. While 16 retired, 51
left for private practice. In the last 28 months, the ABA reports that 22
federal judges have resigned. This is an alarming national trend, and it
is largely attributed to the current level of judicial compensation.
Unfortunately,
although federal judicial compensation is insufficient, it is still much
higher than compensation to state judges. MSBA supports an increase in
judicial compensation for Maryland judges, too. “Our state judges merit a
significant increase in salary,” states J. Michael Conroy, Jr., MSBA’s
Secretary and a member of Maryland’s Judicial Compensation Commission.
While not speaking for the Commission, he added, “At the present time,
there is a sizeable discrepancy between federal and state judicial
salaries. MSBA fully supports a boost in pay for federal judges and for
state judges. There is no meaningful reason why such a compensation gap
exists, and the gap will widen once the proposed legislation is enacted.”
At its June
meeting, MSBA’s Board of Governors endorsed bipartisan legislation, now
pending in the Senate and the House, which would provide a 16.5 percent
salary increase for federal judges. This proposal has the strong support
of U.S. President George W. Bush but is unlikely to be enacted unless
Congress is convinced that it has broad public support.
“Inadequate
compensation seriously compromises the judicial independence fostered by
life tenure,” proclaimed Chief Judge William H. Rehnquist, during his
2002 Year-End Report on the Federal Judiciary. “That low salaries
might force judges to return to the private sector rather than stay on the
bench risks affecting judicial performance – instead of serving for life,
those judges would serve the term their finances would allow.”
“We do not want
experienced judges to leave because they cannot afford to put their
children through college or because their salaries are eaten away by
inflation,” Rehnquist continued. “Every time an experienced judge leaves
the bench, the nation suffers a temporary loss in judicial
productivity...Our system cannot tolerate the regular loss of experienced,
seasoned judges now occurring.”
“Diminishing
judicial salaries also affects the pool of those willing to be considered
for a position on the federal bench,” he adds. “Many of the best lawyers,
those with a great deal of experience, are not willing to accept a
position knowing that their salary will not even keep pace with
inflation.”
“Our judges will
not continue to represent the diverse face of America if only the
well-to-do or the mediocre are willing to become judges,” he concludes.
“We need judges from different backgrounds and we want them to stay for
life.”
Thus, MSBA and many
others in the organized Bar support the Administration and Congressional
co-sponsors seeking to reverse a decade of salary neglect by endorsing
legislation that will provide judges with a 16.5 percent salary increase
to restore judicial salaries to equitable and adequate levels. This
nation’s independent federal judges, some of its most valuable resources,
must be preserved to safeguard our country’s rule of law.
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