[Congressional Record Volume 149, Number 67 (Wednesday, May 7, 2003)]
[Senate]
[Pages S5876-S5877]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. HATCH (for himself, Mr. Leahy, Mr. Cornyn, Mr. Kennedy, 
        Mr. Alexander, Mr. Chambliss, Mr. Durbin, and Ms. Collins):
  S. 1023. A bill to increase the annual salaries of justices and 
judges of the United States; to the Committee on the Judiciary.
  Mr. HATCH. Mr. President, I rise to address the serious matter of the 
erosion of pay for the Federal judiciary. There is consensus among all 
who have seriously looked at this issue that the independence and 
quality of the judiciary is at risk because of the inadequacy of the 
current salaries of Federal judges.
  The American Bar Association and Federal Bar Association issued a 
report on this issue in February 2001. That report documented the 
factors impacting erosion of judicial pay and the detrimental effects 
on the judiciary. Because of the withholding of cost-of-living 
adjustments, the impact of inflation, and the insufficient attempts to 
stabilize judicial pay, Federal judges are increasingly choosing to 
resign or retire. Furthermore, the report noted, the prospect of a 
declining salary in real terms also discourages potential candidates 
from seeking appointments to the bench.
  In his 2002 Year-End Report, Supreme Court Chief Justice William 
Rehnquist identified the need to increase judicial pay as the most 
pressing issue facing the judiciary. He highlighted his concern that 
salaries of Federal judges have not kept pace with those of lawyers in 
private firms and in business. He observed, ``Inadequate compensation 
seriously compromises the judicial independence fostered by life 
tenure. That low salaries might force judges to return to the private 
sector rather than stay on the bench risks affecting judicial 
performance--instead of serving for life, those judges would serve the 
terms their finances would allow, and they would worry about what 
awaits them when they return to the private sector.''
  In the Report of the National Commission on the Public Service, 
issued January 2003, the Chairman of the Commission, Paul Volker, made 
this observation: ``Judicial salaries are the most egregious example of 
the failure of Federal compensation policies. Federal judicial salaries 
have lost 24 percent of their purchasing power since 1969, which is 
arguably inconsistent with the Constitutional provision that judicial 
salaries may not be reduced by Congress. . . . The lag in judicial 
salaries has gone on too long, and the potential for diminished quality 
in American jurisprudence is now too large.'' Accordingly, the 
Commission made the recommendation that Congress should grant an 
immediate and significant increase in judicial, executive and 
legislative salaries to ensure a reasonable relationship to other 
professional opportunities.
  Responding to this report and recommendation, the Judicial 
Conference, at its recent meeting, unanimously adopted a Resolution 
which contains in part the following:

       ``Whereas, the President at the request of the Chief 
     Justice has agreed to support legislation that would increase 
     judicial salaries by 16.5 percent, which will yield an 
     average of $24,948, across all levels of judicial offices;
       Now therefore, the Committee on the Judicial Branch 
     recommends that the Judicial Conference endorse and 
     vigorously seek legislation that would increase judicial 
     salaries by 16.5 percent, which will yield an average of 
     $24,948, across all levels of judicial offices.''

  Today, Senator Leahy and I, joined by Senator Cornyn, Senator 
Kennedy, Senator Alexander, Senator Collins, Senator Durbin, and 
Senator Chambliss are introducing a bill that will restore the lost 
cost-of-living adjustments which were denied to the judiciary and will 
help reduce the gap between Federal judicial salaries and private 
sector salaries which still remains.
  This legislation enacts a 16.5 percent increase in the salaries of 
the justices of the Supreme Court and other Federal judges appointed 
under Article III of the Constitution, an average salary increase of 
about $25,000. It does so without altering the respective provisions of 
title 28, United States Code, which defines their salary rates. The pay 
adjustment would be effective with the first pay period beginning on or 
after January 1, 2004, and would be applied before any annual salary 
adjustment authorized under the Employment Cost Index approval 
mechanism provided by 28 U.S.C. Sec.  461.
  The judicial officers enumerated in this bill to receive the 16.5 
percent pay increase are the Chief Justice of the United States, 
associate justices of the Supreme Court, United States circuit judges, 
United States district judges, and judges of the United States Court of 
International Trade. In addition, this legislation would have the 
effect of increasing salaries of the judges of the U.S. Court of 
Federal Claims, bankruptcy judges and full-time United States 
magistrate judges whose salaries are related to the rate of pay of 
United States district judges.
  This legislation will do much to improve retention on the bench and 
will aid in the recruitment of outstanding judicial candidates. I urge 
my colleagues to join Senator Leahy, Senator Cornyn, Senator Kennedy, 
Senator Alexander, Senator Collins, Senator Durbin, Senator Chambliss 
and me in this bipartisan measure.
  I ask unanimous consent that the Judicial Conference Resolution, as 
well as the text of the legislation be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                  Judicial Branch Committee Resolution

       Whereas, in January 2003, the National Commission on the 
     Public Service 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;'' and
       Whereas, the National Commission also declared that 
     ``[j]udicial salaries are the most egregious example of the 
     failure of federal compensation policies''; and
       Whereas, the National Commission found that ``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''; and
       Whereas, the National Commission recommended that Congress' 
     and the President's ``first priority should . . . be an 
     immediate and substantial increase in judicial salaries''; 
     and
       Whereas, the President at the request of the Chief Justice 
     has agreed to support legislation that would increase 
     judicial salaries by 16.5 percent, which will yield an 
     average of $24,948 across all levels of judicial offices;
       Now therefore, the Committee on the Judicial Branch 
     recommends that the Judicial Conference endorse and 
     vigorously seek legislation that would increase judicial 
     salaries

[[Page S5877]]

     by 16.5 percent, which will yield an average of $24,948, 
     across all levels of judicial offices.

                                S. 1023

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. JUDICIAL SALARY INCREASE.

       The annual salaries of the Chief Justice of the United 
     States, associate justices of the Supreme Court of the United 
     States, United States circuit judges, United States district 
     judges, judges of the United States Court of International 
     Trade, and judges of the United States Court of Federal 
     Claims are increased in the amount of 16.5 percent of their 
     respective existing annual salary rates, rounded to the 
     nearest $100 (or, if midway between multiples of $100, to the 
     next higher multiple of $100).

     SEC. 2. COORDINATION RULE.

       If a pay adjustment under section 1 is to be made for an 
     office or position as of the same date that any other pay 
     adjustment would take effect for such office or position, the 
     adjustment under this Act shall be made first.

     SEC. 3. EFFECTIVE DATE.

       This Act shall take effect on the first day of the first 
     applicable pay period beginning on or after January 1, 2004.

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