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Ear to the Ground

Chief Justice Wants More Money

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Posted on Jan 1, 2007
John Roberts
law.com

Chief Justice John Roberts made judicial pay the sole focus of his annual report, calling for a “substantial salary increase” for federal judges. Federal district judges currently earn the same amount as members of Congress—$165,200 a year.


New York Times:

Federal judges rarely left the bench in the past but are now leaving at an increasing rate, 38 in the past six years, including 17 in the last two years. “Inadequate compensation directly threatens the viability of life tenure,” the chief justice said.

Further, he noted that judges were increasingly drawn from among lawyers already working in the public sector, often as state court judges or federal magistrate judges. Fewer than 40 percent of new federal district judges come from the private sector, Chief Justice Roberts said, adding, “It changes the nature of the federal judiciary when judges are no longer drawn primarily from among the best lawyers in the practicing bar.”

By statute, federal district judges receive the same salaries as members of Congress, now $165,200 a year. Judges on the federal appeals courts receive $175,100; associate justices of the Supreme Court, $203,000; and the chief justice $212,100. The linkage of district judges’ and Congressional salaries means that judges pay the price when members of Congress discern that it would be politically unpopular to raise their own pay.

That is not the only problem, from the judges’ perspective. Their last substantial pay raise was a 25 percent increase provided by a 1989 law, the Ethics Reform Act, under which judges lost the right to earn most types of outside income in return for the raise and the promise of regular cost-of-living increases. But there were no increases in 5 of the last 13 years. Congress ended its 2006 session without providing a cost-of-living increase for the current fiscal year. “Congressional inaction in the face of this situation is grievously unfair,” the chief justice said.

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By Boggs, January 5, 2007 at 9:33 pm Link to this comment
(Unregistered commenter)

Quy Tran,
How did you happen to be smelling his breath????
Were you getting paid for doing that?

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By Polly Ester, January 3, 2007 at 6:21 pm Link to this comment
(Unregistered commenter)

“The “experience” of a judgeship at the Federal level has its own rewards beyond salary including the ability to collect a fabulous pension, enter any University and teach gaining a second pension.”

Skruff,
Yes, those judges are experts in double-dipping—pensions, benefits; jobs for life—what more could an incompetent, lazy civil servant want.

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By Skruff, January 3, 2007 at 5:06 pm Link to this comment
(Unregistered commenter)

Comment #45302 by DW on 1/03 at 11:16 am

I agreement that there are many other reasons why someone would become a federal judge, but that was not the point of the Roberts article.  In fact I know many lawyers that do not consider public service because of the huge discrepancy in salary between private practice and public service.  I do not understand why anyone would expect a whole class of people (lawyers) to operate differently than other rational people that generally try to maximize the output of their labor.

Actually I’m personally not concerned with the “Discrepancy in salary between public and private sectors. Nor I’m I concerned that judges are not comming from the private sector.

I am concerned that a poor person does not have the same “access” to justice as a person in the , say $200,000 range.  Saying we should pay judges more (while ignoring teachers, nurses, EMT’s and firefighters) is somewhat ludicrous,

Sure I buy your argument as rational. Everyone (like Justice Roberts) looks out for their own well-being.  The part I don’t buy is that I (as a taxpayer) should have to support this “self-interest.” let Roberts survive on charitable contributions, like the folks attempting to cure cancer!

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By DW, January 3, 2007 at 12:16 pm Link to this comment
(Unregistered commenter)

The point people were missing in the Roberts article was that fewer judges are coming from private practice, and this is caused in part by salaries that are significantly lower than what lawyers are paid in private practice.

I agreement that there are many other reasons why someone would become a federal judge, but that was not the point of the Roberts article.  In fact I know many lawyers that do not consider public service because of the huge discrepancy in salary between private practice and public service.  I do not understand why anyone would expect a whole class of people (lawyers) to operate differently than other rational people that generally try to maximize the output of their labor.

What we are losing as a society is a judicial perspective that is tempered with years of experience in private practice.

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By Boggs, January 3, 2007 at 7:28 am Link to this comment
(Unregistered commenter)

If Justice Roberts wnated CEO salary he should have been sending his resume to Wall Street, and we could have selected someone who really wanted to do public service which is incidentally very well paid. Far better paid then the taxpayers who pay his wages and benefits.

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By Polly Ester, January 2, 2007 at 6:10 pm Link to this comment
(Unregistered commenter)

“PUBLIC SERVICE positions, whether by election or appointment, should be their own reward. It should be considered one of the HIGHEST HONORS a community/country can bestow on a citizen. This means crooks, thieves, schemers, scammers, charlatans, and other lying frauds need not apply.”

Rae 2,
Your comments were perfect!

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By Rodney Matthews, January 2, 2007 at 1:44 pm Link to this comment
(Unregistered commenter)

Maybe he’ll quit because of the slave wages and take scalia,thomas,alito with him.

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By Quy Tran, January 2, 2007 at 12:05 pm Link to this comment
(Unregistered commenter)

Nobody wants to spend more money to feed a dog for life.

Only the British adopted Queen Elizabeth and we’re nourishing Supreme Court judges.

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By Skruff, January 2, 2007 at 7:00 am Link to this comment
(Unregistered commenter)

Comment #44881 by dw on 1/01 at 5:07 pm says:

“Everyone is missing the point.”


Everyone else right?

I see different points which you may have overlooked. 

Roberts (not a stupid or uninformed man) accepted his position, knowing what it paid.
 
In my 60 some years, I have never read or heard that a judicial appointee has refused a position due to pay levels.

The “experience” of a judgeship at the Federal level has its own rewards beyond salary including the ability to collect a fabulous pension, enter any University and teach gaining a second pension

The ability to change the course of life for millions of folks,

a place in history

and last but not least the increased value of your “oppinion”

Finally, unless the taxpayers want their taxes doubled, Federal appointments are NEVER going to compete with private law firms for up front salaries.

Funny though, we don’t seem to be running out of Federal employees!

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By tenstring, January 2, 2007 at 5:56 am Link to this comment
(Unregistered commenter)

The problem runs pretty deep.  I’m personally not particularly comfortable with a morality that says, at base, “I’ll make more just decisions if you give me enough money.”  I think that has a number of names on a spectrum from “bribery” to “extortion” to “blackmail”.

That’s why the so-called “Liberals” like Obama and co. are not going to “save” this country from itself.  They offer no significant long-lasting solution to the corruption of the public mind.  I think one could strongly argue that we’re heading down an evolutionary blind alley with this crony capitalist system.  Money doesn’t fix it, especially when you give it all to one percent of the population.

Very deep problem, this.  I fear some horrific events will have to transpire to change the general view of our capitalist system of “screw everyone except me”.  People may not actually feel that way, but the system pushes them toward that sentiment.  That darn Hobbes—he was a troublemaker (the philosopher, not the baseball player).  “State of Nature”?  The natural world cooperates with itself for the most part—humans have thrown a wrench in the works.  “State of Fear and Greed” is more like it.

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By William A. Franklin, January 2, 2007 at 5:43 am Link to this comment
(Unregistered commenter)

Part of this ongoing, “we is poor” crap from the Judges is the comparison with industry.  They are guaging their need with their requirement to consort with the rich, attract the rich to the bench and give them a patina of “rich respectability”.  None of them look hungry or ill fed. 

This is a real, “let them eat cake” on the part of Roberts.  I say, no pay raises for next ten years so these swine will be able to identify with the people who pay for their existence.  I don’t care if they cannot keep up with CEOs.  Maybe we can just invite them to a beer party or a seat in the stands, not the skyboxes.  Keeps the common touch.

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By GW=MCHammered, January 2, 2007 at 12:56 am Link to this comment
(Unregistered commenter)

I appreciate hearing that a first-year associate at a Wall Street firm can make as much or more than a Federal District Court Judge. Just confirms the hearsay from other Wall Street and government workers that if the American public really knew what was going on, they would revolt. That’s what happens when you sub your job, then they sub their job, then divesting deals are made, and so on and so on. Eventually the truth then heads roll.

Over and over we see that higher salaries do not attract the best talent anymore: Enron, WorldCom, Hollywood anyone? Now it’s Wall Street, K-Street & Congress Inc. Indeed big money brings bigger egos, organized schemes, misbehavior then crime and disastrous outcomes. What kind of investment is that? Bottom line is that the best people never solely do IT for the money. Even our bridling foreign cousins learned that centuries ago. And now many of them are printing their own currency to the tune of 15% per annum! Wonder where they learned that trick, Uncle Sam?

Those chasing big dollars had best prove their merit pursuing the big BS in their trade or risk all. Few citizens trust government, medicine or Wall Street anymore and especially lawyers! Life would be far more simple, just, and affordable without any of their their overpriced-dramatic meddle… and that message comes from so-called global trade partners and slowly the American workers.

If the paying populace turns V (sure it never happens), I’d love to hear how the top will keep checks coming minus domestic and foreign investment. ‘Cause lose the US worker, consumer, investor and taxpayer and all the dominoes fall overnight. Remember Long-Term Capital Management and their flight to liquidity? Our dollar addiction-stick demands recalibration and yes, even cultural therapy.

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By Jack, January 1, 2007 at 11:06 pm Link to this comment
(Unregistered commenter)

That’s fine with me…as long as every member of the staff including the people who empty the wastebaskets at their office get at least the equivalent percentage in raise as the judge.  As well as equivalent healthcare.

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By Matthew Trinidad, January 1, 2007 at 10:50 pm Link to this comment
(Unregistered commenter)

A first-year associates at a Wall Street firm can make as much or more than a Federal District Court Judge.  A top-shelf lawyer with the experience necessary to qualify for a position on a Federal bench can command the salary of a Federal District Court Judge many times over. 

Retired Supreme Court Justice Sandra Day O’Conner has been lecturing recently on how the judiciary in this country is under attack.  Allowing the opportunity costs for Federal Judges to unduly increase functions as such an attack. It only serves to lower the quality of Federal jurists.

When you consider the impact of legal precedent; and when you consider the complexity, subtlety,and importance of the cases that come before the Federal Courts; and if you believe in an independent, impartial, and competent Judiciary, then you would be wise to support more competetive salaries for these judges ... even if the prayer for salary increses comes from a Bush appointee.

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By Chaseme, January 1, 2007 at 9:03 pm Link to this comment
(Unregistered commenter)

WASHINGTON, July 30 – Supreme Court nominee Judge John Roberts told an audience today that if confirmed to the bench he would pay particular attention to the rights of roundfaced white males. “I believe that if there is one group that has been discriminated against,” he said in his peculiar Harvard accent, “it is the well-off and smug, especially if they have nice round faces.”

Speaking before the Interfaith Conference of Right-wing Catholics and Christians, Roberts reiterated his pledged to President Bush to “comfort the comfortable and inflict incredible pain on those without means or who espouse alien doctrines.”

Roberts told reporters later that he had great sympathy for those poor who lack money and round heads, but that he had learned that if he doesn’t put the concerns of business and the rich first, then he would “burn in Hell. And no one wants to do that.”

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By Bill, January 1, 2007 at 9:01 pm Link to this comment
(Unregistered commenter)

Gee John, does that mean you’ll quit if you don’t get your raise? Oh please say yes.

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By G. Chell, January 1, 2007 at 8:47 pm Link to this comment
(Unregistered commenter)

I will support higher salaries for justices and judges when they are selected on basis of merit rathern than ideology. Ideology has always been the driving force for the selection of judges and justices, not merit. In fact, with the exception of the Fed and a few US government agencies, jobs are given out through connections, networking and friendships rathern than merit. If His Excellency would support a merit based system similar to that of Singapore, I will support a pay increase. Otherwise these judges and justices deserve a pay cut, not a raise!!

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By empyrius, January 1, 2007 at 7:22 pm Link to this comment
(Unregistered commenter)

Yeah . . .

Nothing like those who have the most to have even more (at the taxpayers expense naturally)! We pay for them to have the best medical care available, we pay for them to take lengthy vacations to some of the greatest places on this planet; and now ‘they’ want another pay increase too . . .

Meanwhile 50 million Americans live below the poverty line, untold more have no form of health insurance, and the dream of ever seeing a dentist is just that, a dream.

One day soon I pray the Lord shall come back to bring justice for the poor stranger, widowed, and orphaned . . .

Peace

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By MarkC, January 1, 2007 at 7:11 pm Link to this comment
(Unregistered commenter)

DISGUSTING. Maybe this Bush shill should go back to the law firm where he was earning his million a year. It’d be good riddance. All he’s there to do is reverse Roe v Wade, reverse affirmative action, and make sure the rich get richer. Oh, and if Jeb runs for president, he has to be there to guarantee a victory. Pathetic, like the idiot who nominated him.

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By rae2, January 1, 2007 at 6:49 pm Link to this comment
(Unregistered commenter)

PUBLIC SERVICE positions, whether by election or appointment, should be their own reward. It should be considered one of the HIGHEST HONORS a community/country can bestow on a citizen. This means crooks, thieves, schemers, scammers, charlatans, and other lying frauds need not apply.

NONE of these positions, from President to town councilor, should be PAID as such. Of course, all JOB-RELATED expenses should be covered from the public purse but no incumbent should receive a salary over and above these expenses.

There are those who would argue that none of the really good candidates for these positions would give up their high paying “civilian” jobs to take what is essentially a volunteer position, but I disagree. Politicians and other “officials” get their jollies MAINLY from the attention and power the positions bestow on them, not from the pay. It’s all about EGO.

Let potential candidates choose - power OR pay but not both! It is my position that ONLY those candidates whose genuine motivation is to do PUBLIC GOOD would even apply. Those after the money, whether good or not-so-good candidates NEED NOT APPLY (and are not needed in the positions).

Clearly those who dedicate their entire working lives to public service need to have all benefits (medical, dental, etc.) covered, as well as an allowance for clothing, transportation, etc., as well as some sort of adequate pension plan arrangement for their retirement years, etc., but NO SIX-DIGIT SALARIES on top of all that should ever be paid.

The MOST any Member of Congress or Senate, Administration or Judiciary should be able to collect for any reason over and above “expenses” is whatever the “average” wage for the country is for that year.

Don’t you just love it when we who live in fantasyland shoot our mouths off?

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By dw, January 1, 2007 at 6:07 pm Link to this comment
(Unregistered commenter)

Everyone is missing the point.  As citizens we want the best public servants.  Like it or not, good attorneys make good money.  The starting salary for attorneys at major law firms in most major cities, where most of the judges come from, is $145,000, with a likely bonus of an additional $20,000 per year.  How are we going to attract the best and the brightest to serve as judges if they are going to have to take a pay cut, almost to what they were making when they graduated from law school?  As for how much they work, most judges work hours like attorneys, typically 50-60 hours per week, it is not a 9-5 job.  This is not a political issue; it is about attracting the best candidates to be federal judges.  If this issue is not addressed, then all we will have are judges that don’t need to work because they are indepedently wealthly, or pure political appointees.

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By Bluestocking, January 1, 2007 at 4:33 pm Link to this comment
(Unregistered commenter)

The fact that Justice Roberts made judiciary pay the SOLE subject of his annual report speaks volumes to me of where his priorities really lie.  Justice Roberts should be reminded that there are certain occupational sectors such as education that one does not join for the sake of one’s pocketbook,  but for the sake of fulfilling a public service—and federal judge falls into this category.  In short, anyone who wants to make a ton of money shouldn’t become a public servant! I might be willing to concede to cost-of-living increases—but if they want one, then surely those who are working on minimum wage are entitled to one as well, since they’ve been without one even longer?  In any case, even wage increases above and beyond cost-of-living in the private sector are usually dependent on the employee demonstrating an increase in service provided—so why shouldn’t wage increases in the judiciary be similarly based on merit?

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By Skruff, January 1, 2007 at 3:27 pm Link to this comment
(Unregistered commenter)

Marx said:

Democracy works, only, until, people find they can vote themselves money.

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By Polly Ester, January 1, 2007 at 3:06 pm Link to this comment
(Unregistered commenter)

Who else besides Queen Elizabeth has a job for life?

Those comatose lethargic lackadaisical loons are lucky to get the remuneration they are currently getting—-they sought the prestige of sitting on the Supreme Court; if they are interested in acquiring a ton of money, they could, quit and return to their private law practices, where they can bill their clients $600.000 an hour.

But, please don’t quit until a Democrat is in the White House—-I don’t think this country can stand one more activist right wing nut case on the Supreme Court.

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By HeadlessHessian, January 1, 2007 at 2:13 pm Link to this comment
(Unregistered commenter)

All of you stop it!  This man deserves a raise!  grin
By the same token, we can expect to be able to find better people, and not for life either.  So why don’t we just outsource his job to f&^*$( India, like the rest of our jobs are going.

Bastard!

Headless

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By Lefty, January 1, 2007 at 2:01 pm Link to this comment
(Unregistered commenter)

I think John Robert’s pay, and that of all elected/appointed government officials, should be tied to the minimum wage.  How about 5x’s the minium wage!  That would make the current judicial/congressional annual pay about $60k per year.  PERFECT!

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By Quy Tran, January 1, 2007 at 1:25 pm Link to this comment
(Unregistered commenter)

His breathe smells as bad as uncleaned latrine.

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By Quy Tran, January 1, 2007 at 1:04 pm Link to this comment
(Unregistered commenter)

Don’t ask him go to hell, please. He would make hell dirty. Just keep him where he is because that place was already disgusted.

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By Ron Ranft, January 1, 2007 at 12:16 pm Link to this comment
(Unregistered commenter)

Like you didn’t know what the job paid before you got it? I know lots of people who would trade places with you in a heart beat. How much time have you truely worked? Would you like to come and work with me for a couple of weeks and see what most people do to earn a living, then maybe you wouldn’t be whining so much about how underpaid you are. I sure as hell don’t have time to go Duck hunting with people who have business with me. I don’t have time to speak at rightwing organizations and bad mouth the people who feed me. I don’t have time to take 3 months for a recess. I just have to keep plugging on ‘cause the bills gest keep a coming….know what I’m sayin’.

I do have a suggestion for you..something my Daddy said, if you don’t like the job and the pay, go find another one. Given some of the decisions you came up with here recently…I know we would sure be better off iffen you did!

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By ubix@sbcglobal.net, January 1, 2007 at 11:47 am Link to this comment
(Unregistered commenter)

I sympathize, Mr. Roberts.

But when the average income nationally is about a $30,000 a year for a family of 4, it’s hard to justify.

I would prefer rather, judicial reform and a realistic review of our justice system.

We already put more people in jail than any other country in the world

If we didn’t do this, then we wouldn’t need so many judges.

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By Druthers, January 1, 2007 at 11:28 am Link to this comment
(Unregistered commenter)

Po darlin’s.  Ah just shudda to think how dire their livin conditions must be.
That is only $452 a day or $56.58 an hour if they work 7 days a week 52 weeks a year. Five days a weeks = $90 an hour or thereabout.
I doubt that miminum hour workers working two or three jobs could earn that much.
Decidely there is no justice in this world!
We can all go to sleep counting Enron’s.

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By GW=MCHammered, January 1, 2007 at 11:07 am Link to this comment
(Unregistered commenter)

So being in the Top Five Percent of mammon earners isn’t enough for poor ol’ John? Sheesh!

I’m fifteen years from retirement age but have been retired more than ten years; some would say more. I’ve downsized, spent my savings, and now live on retirement funds. All because I grew weary of:

1. fighting crooked wealthy employers
– turned one into the DEA (cost me a good paying job)
– testified in court against another taking advantage of single mothers (that cost me too)
2. watching too much of ‘the system’ fail victims but favor the financially favored
3. seeing friends and family misdiagnosed and misprescribed costing them dearly

Do I regret my career choice? Not a bit! I’ve traveled, accomplished and learned much I never would have with my nose to a daily grindstone. Even spent months saving a friend’s life, according to professionals. And sadly, I watched many pass away before or shortly after their retirement. Besides, I’ve still got plenty of time to work. Social status and celebrity fog American perspective. The fact is the financially privileged are just your current neighbors with better paying jobs; go rub shoulders with them in court and you will see. But ‘make no mistake about it’ YOU are paying THEIR way; they tend to forget that. American workers earn less and borrow more these days mostly due to failed trade policies.

So John, how about demonstrating the same sacrifices? How about you and yours take a forty-percent cut in pay? Then do like most the rest of America, either borrow to the hilt or work a second and third job if you want more money. Sheesh again!

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By Toby, January 1, 2007 at 11:00 am Link to this comment
(Unregistered commenter)

Good!

Nice to know where Chief Justice John Roberts real values are.

OK, I know it costs more to live in D.C. but whatever happened to SERVICE? You know, that silly notion that serving the public as a Justice of the Supreme Court was a HIGH CALLING. A privilege, an opportunity to protect and defend the values we all hold so dear.

On second thought, money ... more money ... and even more MONEY FOR ME ... are after all the real values guiding the leaders steering this Ship of State.

“Congressional inaction in the face of this situation is grievously unfair,” the chief justice said.

Hmmm ... “no cost of living increase,” golly gee whiz! Sounds like a plea for minimum wage increase!

Pity the good judge can’t spend a few weeks keeping company with the citizens at large. Do you suppose he might begin to comprehend how really difficult it is to make ends meet? Do you think he might realize the only way to hold it all together is to have two paychecks coming in? Do you think maybe his wife might have to get a job (at a lower pay-scale of course) Do you think he might see the need to get a second job?

Oh, I almost forgot ... he can’t.

“Inadequate compensation directly threatens the viability of life tenure,” the chief justice said.

Dear Judge, inadequate compensation directly threatens the viability of life period!

Oh what the heck, give him his raise. Then maybe he’ll spend some time writing, contemplating, pondering the danger of losing our Constitution. You know, the stuff he’s getting paid to do.

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By Skruff, January 1, 2007 at 10:49 am Link to this comment
(Unregistered commenter)

$165,200 as “Grossly unfair” depends where on the social ladder one finds themselves.

The Supreme Court has working hours which a factory worker would see as “fluff job”

The Federal Judicial branch has a health care plan that most Americans couldn’t afford.

$165,200 puts all Federal Judges in the top 10% of American incomes.

What has the Federal bench done for you lately?

A waitress at a Maine diner can make as little as $3.10 an hour that’s $124.00 a 40 hour week or $6448.00 a year assuming she works 40 hours every week.  Any extra money she earns is dependent on the goodness of strangers.

The federal courts approved the legislation allowing for a sub-minimum wage for food handlers.

What would any of these rich folks know about fair.

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By Hank Van den Berg, January 1, 2007 at 9:23 am Link to this comment
(Unregistered commenter)

All discussions of salaries are completely distorted by the high pay of business and financial executives.  I would think that salaries around $200,000 per year are more than enough to attract people to the profession and to motivate them to perform conscientiously.  But, with the growing wage dispersion and our instinctive sense of fairness based on relative incomes rather than absolute incomes, it is not surprising that judges now want mega salaries too.  Things will only change when we take the role of government in our capitalist system seriously and we again use the tax system to discourage the plague of mega salaries in the business and financial sectors of the economy.  Is our system really working if we have to tax our already exploited citizens even more in order to keep our judges satisfied enough to ensure they will administer justice justly?  Can unjust salaries really buy legal justice?

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By Spinoza, January 1, 2007 at 9:10 am Link to this comment
(Unregistered commenter)

Those greedy assholes can go to hell.

Why should they get more money?  Too many people are overpaid in this country. These people often think they are superior to everyone else. White collar crooks.  The people who really deserve more money are the janitors, maids, and construction workers.

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By George S Semsel, January 1, 2007 at 8:32 am Link to this comment
(Unregistered commenter)

Just more of the same - corrupt politicans looking for a bigger slice of the taxpayers’ pie.

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By pro choice lib, January 1, 2007 at 8:11 am Link to this comment
(Unregistered commenter)

boo hoo.  I have a better idea of having these “public servants” go on a merit raise scheme like the rest of us.  But not after we cut thier pay and benefits to nothing.  We can always import empty suits at a cheaper rate.

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By Lance, January 1, 2007 at 7:50 am Link to this comment
(Unregistered commenter)

Hmmm….

Maybe Justice Roberts will consider a buyout?  Let’s make a starting offer of $75 million and see if he’s willing to negotiate an early retirement.

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