[Congressional Record Volume 153, Number 97 (Friday, June 15, 2007)]
[Senate]
[Page S7793]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LEAHY (for himself, Mr. Hatch, Mr. Reid, Mr. McConnell, 
        Mrs. Feinstein, and Mr. Graham):
  S. 1638. A bill to adjust the salaries of Federal justices and 
judges, and for other purposes; to the Committee on the Judiciary.
  Mr. LEAHY. Mr. President, today I am pleased to introduce the Federal 
Judicial Salary Restoration Act of 2007. Since 1969, the salaries of 
Federal judges have significantly declined when adjusted for inflation. 
This bill would demonstrate our respect and appreciation for our 
hardworking Federal judges by authorizing an immediate and substantial 
increase in judicial salaries. Our bill recognizes the important 
constitutional role judges play in administering justice, interpreting 
our laws, and providing the ultimate check and balance in our system of 
government. It is time Congress treated the Federal judiciary with the 
respect that a co-equal branch of government deserves.
  Eight years ago, in 1999, the President's salary was doubled to 
$400,000 a year. We are not proposing to increase judges' salaries by 
100 percent, but by half that, by 50 percent. The increase is an 
important step in ensuring the independence of the judiciary. Judicial 
independence is critical for preserving our system of government and 
protecting the rights of all Americans. Surely we can do half as much 
for the judicial branch of Government as we did for the executive 
branch 8 years ago.
  For too long, judicial salaries have failed even to keep up with 
inflation while public and private sector salaries have surged ahead. 
According to information provided by the Administrative Office of the 
United States Courts, judicial salaries have declined by nearly 25 
percent in real terms since 1969. During the same time, private sector 
salaries have increased by more than 15 percent. In 1969, a Federal 
district court judge earned 20 percent more than a law school dean and 
about 30 percent more than a senior law professor at a top law school. 
By contrast, today top law school deans make twice as much as district 
court judges, and senior law professors at those schools make nearly 50 
percent more. Many recent law school graduates will make more in their 
starting salary at a private law firm than we pay to an experienced 
district court judge. Those in the executive branch have enjoyed 
periodic raises that have taken their salaries well above those of 
judges. For example, SEC trial attorneys now make up to $180,330, which 
is significantly higher than the annual salary of our Federal trial 
judges.
  In addition, the workload for Federal judges has increased 
dramatically. Since 1960, the caseload for district court judges has 
climbed by almost 60 percent and the caseload of circuit court judges 
has jumped more than 200 percent. Judges who are working to preserve 
the rule of law in America and to make equal justice a reality should 
be respected, and their labor should be compensated.
  Paul Volcker, the chair of the National Commission on the Public 
Service, recently noted in The Wall Street Journal that congressional 
inaction on judicial pay could erode the high professional standards 
and independence of the Judiciary. Chief Justice Rehnquist repeatedly 
called for an increase in judicial pay, warning that ``[i)nadequate 
compensation seriously compromises the judicial independence fostered 
by life tenure'' and that ``. . . low salaries might force judges to 
return to the private sector rather than stay on the bench.'' Chief 
Justice Roberts pointed to an increasing trend in early retirement in 
his last ``Year-End Report on the Federal Judiciary,'' noting that many 
of those retired judges have gone to work in the private sector. 
Justice Anthony Kennedy testified before the Senate Judiciary Committee 
in February about similar threats to judicial independence.
  This bill addresses these concerns by granting a raise for all 
Federal judges. This bipartisan legislation has broad support. 
President Bush supports a significant pay raise for judges, as does the 
American Bar Association, as do the deans of 130 of the Nation's top 
law schools, civil rights groups, and others.
  One of the first bills we passed in the Senate this year, S. 197, 
authorized cost-of-living adjustments for the salaries of United States 
judges. Senators Specter, Feinstein and Cornyn joined me in 
cosponsoring this bill. Unfortunately, that bill has failed to move 
through the House of Representatives. Too often during the last several 
years our Federal judges have not been given a standard cost-of-living 
raise. That, too, has contributed to the diminution in their real 
compensation.
  Our democracy and the rights we enjoy depend on a strong and 
independent) judiciary. During the last few years it has been the 
courts that have acted to protect our liberties and our Constitution. 
The independence of the judiciary is compromised, however, if judges 
leave the bench for financial reasons. The quality of the judiciary is 
threatened if judges' salaries are inadequate to attract and retain our 
best legal minds. Given the essential role that the judiciary plays in 
our system of government, we should pass this raise to judicial 
salaries.
  I thank my Judiciary Committee colleagues, Senator Hatch, Senator 
Feinstein and Senator Cornyn for agreeing to join me in introducing 
this bill. I also thank Majority Leader Reid, as well as Minority 
Leader McConnell, for their support of this legislation and their 
commitment to the Federal judiciary.

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