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Judiciary's Slice of Budget Good News for FY 02

New Year Brings COLA for Judges

Congress did not forget the Judiciary when it was winding up action on fiscal year 2002 appropriations bills. The courts, courthouses, panel attorneys, and even judges found something in their year-end package when the President signed P.L. No. 107-77 and P.L. No. 107-67.

P.L. No. 107-77, making appropriations for the Departments of Commerce, Justice, and State, the Judiciary and Related Agencies, authorizes and fully funds a 3.4 percent cost-of-living adjustment for federal justices and judges, and gives the Judiciary an 8.4 percent increase over FY 01 funding, for a $4.6 billion appropriation. An FY 02 appropriation of $4.86 had been requested. In addition to the 3.4 percent COLA for federal justices and judges, Congress included a significant increase to $90 for in-court and out-of-court Criminal Justice Act panel attorney rates. (See page 2.)

In November, the President signed P.L. No. 107-67, making appropriations for the Treasury Department, the United States Postal Service, the Executive Office of the President, and certain Independent Agencies. This bill provided the General Services Administration with $280.2 million in FY 02 funding for 15 new courthouses, additional funding for projects authorized in FY 01, and $146.9 million for repair and alteration projects.

The fiscal year funding for the Judiciary was good news for Chief Judge John G. Heyburn II (W.D.Ky.), who presented the Judiciary’s budget request to the House Appropriations Subcommittee on Commerce, Justice, State, the Judiciary and Related Agencies with Administrative Office Director Leonidas Mecham, and Chief Judge Lawrence L. Piersol (D.S.D). Federal Judicial Center Director Judge Fern Smith appeared for the FJC. "We asked Congress to provide the courts with adequate resources to maintain an independent Judiciary," said Heyburn, "and this funding demonstrates their commitment to do so."

Director Mecham was equally appreciative. "Considering the funding limitations and national security requirements placed on the conferees," Mecham said, "the Judiciary did very well. We are particularly pleased that Congress approved a cost-of-living increase for federal judges—the fourth in the past five years—especially following the many years in which judges were bypassed for COLAs. We have the leaders in Congress, Chief Justice William H. Rehnquist, Judges Deanell Tacha and Richard Arnold of the Judicial Branch Committee, the Federal Judges Association, the Federal Bar Association and the American Bar Association, the National Conference of Bankruptcy Judges, the Federal Magistrate Judges Association, the National Bar Association, and the Business Roundtable to thank for their perseverance and good work."

As it completed work on the appropriations bills, Congress’ mind clearly was on preventing and fighting terrorism, and funding for the various agencies in P.L. No. 107-77 reflects this. For example, funds were provided to upgrade security in overseas facilities, enhance the FBI’s ability to conduct counterintelligence activities, add Border Patrol agents, and train law enforcement officials in counter terrorism. The Judiciary received some additional funds for court security officers in response to the September 11 terrorist attacks. Director Mecham is cautiously optimistic that Congress will add funding for Judiciary-wide security enhancements and upgrades in the upcoming Emergency Supplemental Appropriation bill, including 106 new Deputy U.S. Marshals to coordinate security at circuit and district courts. Hopefully, the next edition of The Third Branch will report this good news.