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Tenure and salary[edit]
"Article III federal
judges" (as opposed to judges of some courts with special jurisdictions)
serve "during good behavior" (often paraphrased as appointed
"for life"). Judges hold their seats until they resign, die, or are removed
from office. Although the legal orthodoxy is that judges cannot be removed from
office except by impeachment by the House of
Representatives followed by conviction by the Senate, several legal scholars,
including William Rehnquist, Saikrishna Prakash, and Steven
D. Smith, have argued that the Good Behaviour Clause may, in theory, permit
removal by way of a writ of scire
facias filed before a federal court, without resort to impeachment.[1]
Since the impeachment process
requires a trial by the United States Senate, and since the
constitutional provision concerning federal judges' tenure cannot be changed
without the ratifications of three-fourths of the states, federal judges have
perhaps the best job security available in the United States. Moreover, the Constitution
forbids Congress to diminish a federal judge's salary. Twentieth-century
experience suggests that Congress is generally unwilling to take time out of
its busy schedule to impeach and try a federal judge until, after criminal
conviction, he or she is already in prison and still drawing a salary, which
cannot otherwise be taken away (see Nixon v. United States, a key Supreme Court
case about Congress's discretion in impeaching and trying federal judges).
As of 2015, federal district
judges are paid $201,100 a year, circuit judges $213,300, Associate
Justices of the Supreme Court $246,800 and the Chief Justice of the United States$258,100.
All were permitted to earn a maximum of an additional $21,000 a year for
teaching.[2]
Chief Justice John
Roberts has repeatedly pleaded for an increase in judicial pay,
calling the situation "a constitutional crisis that threatens to undermine
the strength and independence of the federal judiciary".[3] The
problem is that the most talented associates at the largest U.S. law firms with
judicial clerkship experience (in other words, the attorneys most qualified to
become the next generation of federal judges) already earn as much as a federal
judge in their first year as full-time associates.[4] Thus,
when those attorneys eventually become experienced partners and reach the stage
in life where one would normally consider switching to public service, their
interest in joining the judiciary is tempered by the prospect of a giant pay
cut back to what they were making 10 to 20 years earlier (adjusted for
inflation). One way for attorneys to soften the financial blow is to spend only
a few years on the bench and then return to private practice or go into private
arbitration, but such turnover creates a risk of a revolving door judiciary subject
to regulatory capture.
Thus, Chief Justice Roberts
has warned that "judges are no longer drawn primarily from among the best
lawyers in the practicing bar" and "If judicial appointment ceases to
be the capstone of a distinguished career and instead becomes a stepping stone
to a lucrative position in private practice, the Framers' goal of a truly
independent judiciary will be placed in serious jeopardy."[3]
[…]
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