The Judge Judy Standard for Judicial Pay

Justices Stephen Breyer and Samuel Alito Jr. made a strong personal plea today in favor of higher judicial salaries before a House Judiciary Committee subcommittee. Both acknowledged the issue is a hard sell, given that as low as their pay might be relative to other lawyers and even to a growing number of executive branch employees, federal judges still make more than all but 2 per cent of the general public.

But with 40 judges leaving the federal bench in the last five years -- many for jobs that instantly pay four or more times their judicial salaries -- the two justices see a severe threat to judicial independence. "There is a serious risk that this job that I love becomes a stepping stone," said Breyer. Alito highlighted the loss of senior-status judges, who used to mentor new judges like himself, but who are now leaving the bench altogether. "We are approaching a very unfortunate tipping point."

Committee members, especially Democrats, generally embraced the justices' cause. But some pushed back -- especially on the issue of "de-linking" judicial pay from that of members of Congress. Currently, district court judges are paid $165,200, the same as members of Congress. Breaking the link, growled Rep. F. James Sensenbrenner Jr. (R-Wisc.) would be tantamount to saying that judges are more important than House members. Rep. Ric Keller (R-Fla.), even made a "life isn't fair" argument against judicial raises, noting that television's Judge Judy (pictured) makes $28 million a year.

Breyer agreed that "Never in my most fanciful dreams" did he expect to make as much as Judge Judy. Alito noted that his mother is a faithful fan of the Judge Judy show. "She thinks Judge Judy does a better job than we do," Alito said with a smile.

Footnote: The campaign for judiiclal raises got some key help this week, in the form of 300 American Bar Association leaders who were on Capitol Hill to meet with members of Congress. Judicial pay was a top subject for discussion, said ABA president Karen Mathis, and reaction was positive. An increase is crucial to maintain a high-quality, independent, life-tenured judiciary, she says. "It's not life tenure anymore when judges are leaving the bench."