The real pay of federal judges has declined dramatically.

• From 1969 through 2006, real pay for federal judges declined approximately 25 percent.
• During the same time, the real pay of the average American worker increased by about 19 percent. (Chart One)

• The annual cost of living adjustment (COLA) mechanism for judges established under the Ethics Reform Act has not operated as intended. Since 1993, the pay of most federal workers has increased by 61 percent, while inflation has increased by 36 percent. However, judicial pay has fallen way behind, increasing by only 24 percent over this time. (Chart Two)

• The repeated denials of the COLAs in 1994, 1995, 1996, 1997, 1999 and 2007 have created major and growing financial losses for judges: a district court judge on the bench since 1993 failed to receive a total of $208,500 in statutorily authorized but denied pay. Appellate court judges have lost even more.

Many federal employees can now earn substantially more
than judges.

• A significant number of federal employees (i.e., professional positions in the executive branch and banking agencies) can now receive salaries at or above the salary of district judges (currently $165,200).
• Many federal employees can now receive total compensation exceeding $200,000 annually.
• Examples of current or recent federal agency job offerings:

Judicial salaries should be increased significantly, and there is precedent to do so.

• 1989: Ethics Reform Act effected net increases of 35–40% over two-year period.
• 1969: Quadrennial Commission established varying salary increases (e.g., 33% for district court judges, up to 56% for the Chief Justice).

The Volcker Commission declared that "Judicial salaries are the most egregious example of the failure of federal compensation policies."

• In January 2003, the National Commission on the Public Service (the "Volcker Commission") found "that the lag in judicial salaries has gone on too long, and the potential for the diminished quality in American jurisprudence is now too large." (Volcker Commission Report)
• The Volcker Commission recommended that Congress' "first priority . . . should be an immediate and substantial increase in judicial salaries."

Low federal judicial salaries threaten the independence of the Third Branch.

Chief Justice Roberts has stated that:

• "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."
• "If judicial appointment ceases to be the capstone of a distinguished career and instead becomes a stepping stone to a lucrative position in private practice, the Framers’ goal of a truly independent judiciary will be placed in serious jeopardy."

Good, experienced judges are leaving the bench.

• Since 1990, 100 Article III judges have left the bench through resignation or retirement.
• Many of the judges who have resigned or retired in recent years have noted that financial considerations were a big factor in their decision to leave the bench. Several have joined law firms or private arbitration/mediation groups, earning several times more than their previous federal salaries.
• Other judges have left to become corporate counsels, earning average compensation of more than $700,000 in salary and bonuses, plus the possibility of stock options.
• Even law clerks who join major law firms as first-year associates can earn more in their first year than any federal judge earns ($135,000 to $165,000 base salary, plus substantial signing bonuses and other payments).

Salaries of law school deans and senior professors are now significantly higher than those of federal judges.

• In 1969, federal district court judge salaries were about 20 percent higher than the salaries of top law school deans and about 30 percent higher than senior law professors at those schools. (Chart Three)

• Today, some law school deans earn approximately $430,000, and senior law professors at those schools earn around $330,000, significantly more than the $165,200 salary of a federal district judge. (Chart Four)

• As of 2005, even the median salary for deans of U.S. law schools (public and private) was about $229,600, or about 42 percent more than the 2005 salary of a district court judge ($162,100).

The Judicial Conference supports increases in compensation for senior officials in all three branches of government.

• The Volcker Commission declared that "Congress should grant an immediate and significant increase in judicial, executive, and legislative salaries to ensure a reasonable relationship to other professional opportunities."
• The Judicial Conference has consistently supported efforts to enact immediate increases in pay for judges, Members of Congress and senior executive branch officials, as well as other related proposals to improve the overall compensation system for high-level government officials.