Thursday, February 15, 2007

Here We Go Again

Now it's Justice Anthony Kennedy's turn to moan and groan about judicial pay.

All reasonable people can agree that federal judges should get the usual types of cost-of-living increases awarded routinely to other federal employees. But, as I have pointed out before, this "the judges are leaving, the judges are leaving" hysteria can't be supported. Justice Kennedy has been a federal judge for 30 years. Chief Justice Roberts left a seven-figure partnership to become a federal judge. If the pay is such a problem, why did they make such economically irrational choices? Could it be that there are non-monetary compensations, such as everyone standing up when you enter a room; really interesting work; and the power to make lawyers actually stop talking?

In addition, according to this calculation by the Wall Street Journal Law Blog, the current pay of federal judges is just slightly below what it has been, on average, for nearly 40 years, using inflation-adjusted dollars. What really irks these judges is that private sector lawyers and law professors now can make a whole lot more. Well, life is full of choices.

If some judges leave each year for better-paying jobs, so be it. There are plenty more highly qualified lawyers where they came from.

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