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: Kentucky Law Blog

"Sidebar: How Much Should Judges Make? " from New York Times

By Michael Stevens

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Chief Justice Roberts has gone on record claiming the low salaries for federal judges is reaching a constitutional crisis.  However, a law professor from North Carolina dares to disagree. 

The following New York Times story reports on two studies that found almost no evidence that taxpayers would be better off by paying judges more.

Remember that old law school adage about "grades"?  A students become professors, the B students become judges, and the C students make the money.  Does that mean that by increasing the judicial salaries that more "C" students will aspire for the bench or more "A" students currently sitting on the bench will write more poorly to justify their positions?

Sidebar:  How Much Should Judges Make?

By ADAM LIPTAK



Federal judges say they are underpaid. The problem, in Chief Justice John G. Roberts Jr.?s words, ?has now reached the level of a constitutional crisis.?

It takes a pretty brave soul to argue the other side.

?I couldn?t find any evidence to support his claim,? Scott Baker, a law professor at the University of North Carolina, said of the chief justice. Professor Baker published a study last year in the Boston University Law Review that considered whether society would be better off were judges paid more as a matter of labor economics.

Its conclusion: ?Pretty much nothing would happen if Congress decided to raise judicial salaries.? Money appears to have almost no impact on the quantity and quality of the work judges produce, Professor Baker found, and lots of capable people are eager to take the jobs at the current salary.

A second study to be published in The Journal of Legal Analysis, a peer-reviewed publication at Harvard Law School, goes even further. Its title seems calculated to provoke the people who wear black robes at work: ?Are Judges Overpaid?? * * *



click on heading for rest of story.





Full post as published by Kentucky Law Blog on January 20, 2009 (boomark / email).

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