[Congressional Record Volume 152, Number 36 (Tuesday, March 28, 2006)]
[Extensions of Remarks]
[Page E420]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       INTRODUCTION OF THE FEDERAL JUDICIAL FAIRNESS ACT OF 2006

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                          HON. ADAM B. SCHIFF

                             of california

                    in the house of representatives

                        Tuesday, March 28, 2006

  Mr. SCHIFF. Mr. Speaker, I rise today to introduce the ``Federal 
Judicial Fairness Act of 2006''--bipartIsan legislation to correct the 
current inequity in our compensation system for federal judges. I am 
pleased that Representative Judy Biggert has joined me in this effort, 
as we both serve as Co-Chairs of the Congressional Caucus on the 
Judicial Branch.
  Mr. Speaker, the federal judiciary is an integral part of our 
democracy, providing an important check to the other branches and 
protecting the rights of the American people. However, if certain steps 
are not taken, we risk compromising the quality of our judiciary. The 
salary of federal judges has decreased by almost 40 percent since 1969 
compared with the private sector. Consequently, judges have been 
leaving the federal bench in increasing numbers, many before reaching 
retirement age, and a large proportion leaving to work for private law 
firms.
  Members of Congress, for a variety of reasons, have determined that 
it would not be appropriate to give themselves pay raises on an annual 
basis. Since judicial salary increases for justices and judges are 
linked with the salaries of Members of Congress, federal judges have 
also been denied a cost-of-living adjustment in the 5 of the last 13 
years that Congress voted to deny themselves one.
  Several reports over the last few years have specifically recommended 
that salary adjustments for Members and judicial officials be 
determined separately. In 2003, a report by the National Commission on 
the Public Service (the Volcker Commission), cited ``the compelling 
need to recruit and retain the best people possible'' to serve on the 
federal judiciary and urged Congress to move on ``an immediate and 
substantial increase in judicial salaries,'' since ``the lag in 
judicial salaries has gone on too long, and the potential for the 
diminished quality in American jurisprudence is now too large.''
  The late Chief Justice of the Supreme Court, William Rehnquist, also 
frequently stated that inadequate compensation seriously compromises 
the judicial independence fostered by life tenure and risks affecting 
judicial performance. His views were recently echoed by new Chief 
Justice Roberts in his Year-End Report where he stated the following:
  ``There will always be a substantial difference in pay between 
successful government and private sector lawyers. But if that 
difference remains too large--as it is today--the judiciary will over 
time cease to be made up of a diverse group of the Nation's very best 
lawyers. Instead, it will come to be staffed by a combination of the 
independently wealthy and those following a career path before becoming 
a judge different from the practicing bar at large. Such a development 
would dramatically alter the nature of the federal judiciary.''
  The ``Federal Judicial Fairness Act of 2006'' will address this issue 
and restore equity. Specifically, the bill provides for the following:
  1. Termination of Linkage to Congressional Pay--the bill terminates 
the linkage of congressional pay increase to judicial pay increases, so 
that Congress's decision to deny itself pay raises will not also place 
that burden on Federal judges.
  2. Partial Catch-Up Increase in Judicial Compensation--the bill 
increases the salaries of all Federal judges by 16.5 percent, to 
partially make up for the decline in real pay for judges over the last 
three decades. In 2003, both President Bush and the late Chief Justice 
Rehnquist agreed that a pay adjustment of at least 16.5 percent was 
needed.
  3. Annual Cost-of-Living Adjustments--the bill would provide Federal 
judges with annual cost-of-living adjustments based on the Employee 
Cost Index, the index already used by the Federal Government to keep 
Federal salaries in line with inflation.
  This important legislation has been introduced in the Senate by 
Senators Feinstein, Leahy, and Kerry. Mr. Speaker, if Congress does not 
provide reasonable compensation adjustments nor address the growing pay 
disparity between judges and other members of the legal profession, the 
quality of our judiciary will be compromised.

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