One of my blawging heros, Nicole Black of Sui Generis fame, does this Friday feature called the New York Minute (wisecracks about sibilant “esses” will not be tolerated!). I look forward to Nicole’s videos with great anticipation, as she is always fascinating.
This week, however, I find that I must take strong issue with her. Discussing the hot-button issue of judicial raises, Nicole has chosen to stand shoulder to shoulder with the black-robed wobblies, adding her support to their quest for the first raise in 8 years. So far, I’m with her on the picket line. Nicole notes the absurdity of judges being paid less than first year associates at BigLaw. I’m at your side, waving the banner. Nicole then tells of judges who are forced to leave the bench to earn enough money to provide a college education to their kids.
HUH! Nicole? What happened to ya? Did one o’ them Pinkertons bean ya on the noggin during the lockout?
Who put a gun to their heads and forced them on the bench: “Adjudicate or I’ll shoot!” They can’t afford public service? Then go get a job. That’s not the issue, and should never be the issue when it comes to assuming the bench. What about senior trial attorneys in the various DAs or public defenders offices? Are they driving around in Ferrarris? Indigent defense under 18b went a generation without an increase, and now has finally risen to poverty levels. Have you heard any judges crying about the plight of the 18b lawyers? They have kids too.
The inability of some judges to make ends meet on a judges salary reflects a serious problem, but not a justification for raising salaries. This problems relates to who is being chosen by political leaders for the bench. If they have to worry about saving up some loot to send junior to Harvard, maybe it’s because they aren’t ripe for the job yet. Maybe they should have spent some time working for a living before they ran for judge. Maybe they should have worked in the trenches before becoming yer honor.
I reject the argument that judges need a raise because they can’t afford to live as they want while wearing the robes. If they want to live like Willie Gary, they’re going to have to produce like Willie Gary. It remains unseemly and inappropriate that judges are paid worse than first year BigLaw associates. It remains inappropriate that legislators want to free-ride on judges to get an increase rather than withstand the heat of their own fiscal desires. But it is not right for judges to complain that they can’t afford the life they want on the salary paid. They knew what they were getting into when they chose to run for judge instead of going for the gold, and it is disingenuous to complain about it now.
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Scott–I can see where you’re coming from, but I would argue that when most judges took the bench 8 or more years ago, they’d envisioned getting, at the very least, cost of living increases every few years.
To expect them to continue to try to continue living at status quo on the same income as nearly one decade ago is a bit ridiculous.
So, for that reason, many of them, who feel the $ crunch due to braces, college or whatever, are leaving the bench in search of greener pastures. I expect that that would be occuring in smaller numbers if they’d gotten some sort of raise over the last eight years, or believed that a raise would likely sometime soon…
We went from college tuition to braces!!!!!! Are these judges out of law school yet?
I don’t disagree with the concept that judges should be given cost of living, not to mention actual raises (since COL only maintains income at an adjusted level). But I cannot, no I WILL NOT, agree that anyone who loses sleep at night worrying about financing braces had the breadth of experience to be a judge. This is a person who is not ready to take the bench, both financially for lack of experience. I’m not saying they are not inherently competent by way of intellect, integrity or temperament, but one does not become a judge because the money is good. Except maybe in Brooklyn, but that’s a separate issue.
In addition, I remind you that we do not lack for lawyers desirous of being judges. Apparently, there’s something attractive about the job. So if the ones in office are feeling a tad, oh, needy, then let them graze on them greener pastures and make room for others who don’t dress in black because it’s slimming.
SHG
Braces for their kids, not themselves! Talk about a misunderstanding! 😉