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The original documents are located in Box 21, folder "Judicial Salaries (1)" of the Philip
Buchen Files at the Gerald R. Ford Presidential Library.
Copyright Notice
The copyright law of the United States (Title 17, United States Code) governs the making of
photocopies or other reproductions of copyrighted material. Gerald R. Ford donated to the United
States of America his copyrights in all of his unpublished writings in National Archives collections.
Works prepared by U.S. Government employees as part of their official duties are in the public
domain. The copyrights to materials written by other individuals or organizations are presumed to
remain with them. If you think any of the information displayed in the PDF is subject to a valid
copyright claim, please contact the Gerald R. Ford Presidential Library.
Some items in this folder were not digitized because it contains copyrighted
materials. Please contact the Gerald R. Ford Presidential Library for access to
these materials.
Digitized from Box 21 of the Philip Buchen Files at the Gerald R. Ford Presidential Library
The Federal Pay Comparability Act (5 U.S.C. 5301-5308)
requires me to adjust the rates of pay of each statutory
system in accordance with prescribed criteria, after con-
sidering the report of my agent under the Act and the findings
and recommendations of the Advisory Committee on Federal Pay.
Adhering to those criteria, and in light of that report and
those findings and recommendations, I have no choice but to
increase the present rates of pay beginning October 1, 1975,
by 8.66 percent.
In my view, however, such an increase is inconsistent
with the serious responsibility of the Federal Government to
exercise leadership in preserving our economy to a sound and
on
uninflationary footing. It is clear that in the months ahead
both the President and the Congress will have to call upon
the people for genuine sacrifices in order to preserve the
economic independence and economic stability of the Nation.
It will be unfair, and may be ineffective, to issue such a
call when we have failed to exercise a modest degree of eco-
nomic restraint within our own house. A wage increase of
almost 9 percent for the entire Federal work force, and the
resulting increase of the Federal budget by $
will
contribute substantially to the inflationary spiral--not only
because of its immediate economic effect but because of the
example which it presents. In my view, therefore, the salary
increase adjustments for the period beginning October 1, 1975
should be held to a rate of 5 percent.
5 U.S.C. 5305(c) purports to give the President the
power to adopt an alternative pay plan, containing a rate of
FORD & 0ERALD LIBRARY
an
pay adjustment which he considers appropriate. Such alternateve
plan, however, is made subject to the veto of a single House
of the Congress. During the year that I have been President, I
have indicated, as have my predecessors in office, that a
provision for a One-House veto is an unconstitutional en-
croachment on the powers and responsibilities of the Presi-
dent, and contravenes the fundamental principle of the
Separation of Powers. Moreover, recent litigation has
indicated that the very existence of the One-House veto will
subject the validity of the alternative plan to attack, even
if neither House of Congress should disapprove it. I am
therefore refraining from exercising an authority which is
subject to unconstitutional restraint. I am instead attaching
to this message a draft bill which would achieve the desired
effect of restricting the pay increases to 5 percent through
the constitutionally prescribed route of legislation. I
urge the Congress to enact this legislation before the pay
raises at the higher level become effective.
TOHO
JOHN J. RHODES
1ST DISTRICT. ARIZONA
(
Office of the Minority Leader
United States house of Representatives
Hashington, D.C. 20515
June 25, 1974
The Honorable Oren Harris
District Judge
U.S. District Court
Eastern & Western Districts
of Arkansas
P.O. Box 1733
El Dorado, Arkansas 71730
Dear Oren:
Thank you for your letter and the enclosed copy of
your correspondence with the Speaker. I share your
concern and am hopeful that something can be done to
adjust the pay for members of the judiciary.
As I am sure you are aware, this will be a very
political year. While some adjustment must be made in
judiciary salaries, it probably won't be done before the
next Congress. On the whole, most Members of Congress
are aware of the salary problem in the judiciary branch,
but unfortunately the legislation dealing with their
increase was not divorced from the battle over legislative
and executive salaries.
Yours sincerely,
Jo
John J. Rhodes, M.C.
Minority Leader
JJR/tc
JUL 1 - REYD
The Speaker's Rooms
n. S. house of Representatives
Mashington, D.C. 20515
June 20, 1974
The Honorable Oren Harris
United States District Judge
Eastern & Western Districts of Arkansas
Post Office Box 1733
E1 Dorado, Arkansas 71730
Dear Oren:
It was good to get your letter regarding the possibility
of a salary adjustment. I, of course, do not think you
presumptuous; as a matter of fact your letter was most
welcome.
There is no hope whatever, in view of the action which the
Senate took earlier in the year, to get any kind of pay
raise through between now and election day. Whether it
might be done after election this year is questionable.
I understand that the Administration wants to make another
push on this matter and is working on it. In my judgment,
if the President sends up a reasonable adjustment effective
next January, the Congress will not veto it; certainly I
shall be for the raise as I have supported every raise that
has come to the Congress since I have been a Member.
I agree with you that the submission of this by the President
in this Congress, during this period of high inflation and
in this election year, was untimely. You may know that the
Senate is having hearings on the levels established by the
Executive Schedule and comparative positions in the legis-
lative and judicial branches. My understanding, however, is
that this does not deal with Members of Congress or United
States Judges but Cabinet members, etc.
Hope everything is going well with you.
Sincerely,
Carl
FORD LIBRAR
The Speaker
CA/pg
JUN 2 4 REC'D
HUGH SCOTT
MARTIN G. HAMBERGER
PENNSYLVANIA
ADMINISTRATIVE ASSISTANT
United States Senate
WASHINGTON, D.C. 20510
PERSONAL
June 26, 1974
Honorable Oren Harris
Judge
U. S. District Court for the
Eastern & Western District of Arkansas
P. 0. Box 1733
El Dorado, Arkansas 71730
Dear Oren:
Thank you so much for your letter regarding
the prospects of a salary adjustment and the urgent
need for it.
As you know, I was one of those who steadfastedly
supported a salary adjustment in the past and I expect
to again.
I am hopeful that remedial action will be taken
early next year. It is shameful to think that the
current situation would be allowed to continue. We
have in our Pennsylvania U. S. District Courts several
outstanding younger men who are serving at a consider-
able sacrifice.
We are not far from the point where the situation
becomes a matter which legitimately affects the con-
tinuity of the Court system.
You may be sure of my best efforts.
With kindest regard,
Sincerely,
Hugh Hugh Scott
United States Senator
HS/mcl
THOMAS P. O'NEILL, JR.
MASSACMUSETTS
-MAJORITY LEADER
Congress of the United States
house of Representatibes
Office of the Majority Leader
Mashington, D.C. 20515
1 July 1974
The Honorable Oren Harris
District Judge
Eastern & Western Districts of Arkansas
P.O. Box 1733
El Dorado, Arkansas 71730
Dear fully
It's always a pleasure to hear from you and I certainly
appreciate your position relative to a salary adjustment.
I'm probably the only man in the leadership on either
side of the aisle who feels that while we are being blocked
members of the Judiciary should get a raise. They are
most deserving and worthy to receive one, in my estimation.
But, I am sure you can appreciate the problem -- the
members want to be kept in line with the Federal Court and
feel as though they should be treated the same, which I
know you can understand.
I don't know what the possibilities might be after the
election, but I will continue to be for it.
With every good wish,
Sincerely,
"Ty'
Thomas P. O'Neill, Jr.
FORD
JUL 5- REC'D
MIKE MANSFIELD
MONTANA
United States Senate
Office of the Majority Header
Mashington, D.C. 20510
June 19, 1974
Honorable Oren Harris
District Judge
United States District Court
P.O. Box 1733
El Dorado, Arkansas 71730
Dear Oren:
Your good letter of the severteenth has just been
received and I was delighted to hear from you. I have been
in contact with Senator McGee, Chairman of the Post Office
Committee in the Senate, urging him to go into the matter
of pay raises on a more equitable basis than was the case
some months ago.
As a fellow colleague, Oren, you are well aware,
as most judges are not, of the difficult and delicate position
in which the Congress finds itself when its membership is a
part of the legislation under consideration. It is my under-
standing that, when in a few days, Senator McGee intends to
conduct hearings on this matter, hopefully out of those hear-
ings will come a solution to this problem. However, because of
the closeness to the election, it would be my belief that it
will not be considered until the end of this Congress or at the
first part of the next.
It was good to hear from you, Oren, and if anything
develops I will do my best to keep you informed. With best
personal wishes, I am
Sincerely yours,
wills
Dedoral Judges
AMERICAN BAR ASSOCIATION
OFFICE OF THE PRESIDENT
JAMES D. FELLERS
AMERICAN BAR CENTER
CHICAGO, ILLINOIS 60637
TELEPHONE: 312/493-0533
Farfule.
December 10, 1974
The President
The White House
Washington, D.C. 20500
Dear Mr. President:
As I advised Phil Buchen this morning, when the Board of
Governors of the American Bar Association met yesterday in
Chicago, great concern was expressed that the salaries of
federal judges have not yet been increased. By adoption of
the enclosed resolution, the Board asked me to call to your
attention the fact that federal judges' salaries have not
been raised since 1969 and to ask you to recommend an in-
crease to the Congress, either in your budget message or in
other ways.
Your prompt attention to this important matter is
earnestly solicited.
Sincerely yours,
James D. Tellers
James D. Fellers
JDF:alj
Enclosure
FORD is LIBRARY GERALD
cc: Philip Buchen, Esquire, Counsel to the President
Adopted by the Board of Governors
December, 1974
WHEREAS there have been no increases in federal
judicial salaries since March 1, 1969; and,
WHEREAS the Commission on Executive, Legislative
and Judicial Salaries in 1973 made recommendations
to the President of the United States with regard to
federal judicial salaries but those recommendations
were not adopted; and,
WHEREAS resignations of United States District
Judges reached unprecedented proportions during 1974
and in more than 80% of these resignations inadequate
compensation has been cited; and,
WHEREAS substantial numbers of Federal District
and Court of Appeals Judges are voicing increased
concern about their ability to remain on the bench
unless adequate compensation is provided; and,
WHEREAS it has become increasingly difficult
to interest the best qualified lawyers in accepting
appointments to the bench in view of the great finan-
cial sacrifices which in many cases would be required;
and,
WHEREAS since March 1, 1969, the date of the last
increase in federal judicial salaries, the consumer
price index has increased 42%, salaries paid to general
schedule federal employees has increased 38%, the sala-
ries of the state judiciary have increased 42%, and the
income of lawyers generally has increased 43%; and,
WHEREAS the high quality of the federal judiciary
is essential to the proper maintenance of the adminis-
tration of justice in this free society and reasonable
increases in judicial compensation are essential to the
continued high quality of the federal judiciary,
NOW THEREFORE BE IT RESOLVED, that the American Bar
Association urges the President of the United States to
present to the Congress a recommendation for increases
SORD
in compensation for members of the federal judiciary,
taking into account that federal judges have not had a
salary increase since March 1, 1969.
BE IT FURTHER RESOLVED, that the President of the
American Bar Association be authorized and directed to
communicate this resolution to the President of the
United States.
Wednesday 2/26/75
2:30 Mark Cannon had called yesterday to talk with you.
393-1640
Ext. 413
I called back to see if someone else could help --
since you won't be back until Friday.
He had a letter which they wanted to deliver to the
President from the Chief Justice relating to questions
of additional judges and judges salaries. Said he knows
there has been a good deal of concern about political
implications about judges' salaries. In your absence,
they sent the letter through Don Rumsfeld's office.
Mr. Cannon will be sending you a packet of duplicated
editorials which strongly endorse judicial salary increases
GERALD
LIBRARY
Tuesday, February 25 4:00 p.m.
Mr. Mark Cannon would like a call from
Mr. Buchen upon his return. 393-1640 x413
(Supreme Ct.)
FORD is LIBRARY 078830
Supreme Court of the United States
Mashington, D.C. 20543
FORD LIBRARY is GERALD
STOP 28
Mr. Philip W. Buchen
The White House
WHITEPTION HOUSE & SECURITY.
FEB 27 1975
Processed DY)
NATION'S PRESS SUPPORTS FEDERAL JUDGES' SALARY INCREASE
In the past year, the plight of the Federal Judiciary has received
attention in the nation's press. There has been extraordinary editorial
support for an immediate and substantial increase in the salaries of all
Federal judges. This is especially significant in light of the present economic
situation. The newspapers object to protracted inequity and are concerned
about preserving a strong judiciary. The 42 per cent inflation since the pre-
vious salary increase in 1969 has precipitated an unprecedented number of
resignations for salary reasons. The newspapers think that higher pay for
Federal judges is a small price to pay to insure the continued excellence
of the Federal bench.
Editorials supporting a pay increase have come from an impressive
array of newspapers, as varied in political outlook as they are in geographic
location. Forty-five (45) newspapers in twenty-four (24) states and the District
of Columbia have published favorable editorials, including many with major
national circulation and readership such as the New York Times, the Washington
Post, the Chicago Tribune, the Wall Street Journal, and the Los Angeles Times,
as well as regional papers with intermediate circulations from diverse states
such as Alabama, Arizona, Colorado, Indiana, Nebraska, New Mexico,
Tennessee, and Texas. The total circulation of all forty-five newspapers
exceeds 13 million, with an estimated readership of 40 million.
Nationally syndicated articles, including ones by Evans and Novak,
Linda Matthews, Richard Spong and Robert S. Allen, focusing on the pressing
need for congressional approval of higher salary levels, have also appeared
in other newspapers throughout the nation. The Evans and Novak article,
for instance, was published in about 250 newspapers. Further discussion of
the salary question has appeared recently in the national news weekly,
Time.
Undoubtedly, numerous other newspapers have printed favorable
editorials that have not been incorporated in this compilation. Nevertheless,
the assembled brigade of editorial copies and excerpts indicates that a pay
raise for Federal judges is regarded enthusiastically and favorably by the
nation's press.
February, 1975
Alabama
Alabama Journal
280,053
Birmingham Post Herald
73,456
Arizona
Arizona Republic (Sunday)
299,130
Phoenix Gazette
107,936
California
Los Angeles Times
1,009,719
San Francisco Examiner
186,024
Sacramento Bee
179,291
Colorado
Rocky Mountain News
218,695
Delaware
Wilmington Evening Journal
89,931
Florida
Miami Herald
406,341
Jacksonville Journal
211,837
Hollywood Sun-Tattler
42,730
Georgia
Atlanta Journal/Constitution
573,223
Illinois
Chicago Tribune
745,210
Chicago Sun Times
567,617
Indiana
Evansville Press
45,780
Terre Haute Tribune
26,175
Iowa
Des Moines Tribune
105,586
Michigan
Flint Journal
111,390
Missouri
St. Louis Globe
284,110
Kansas City Star
308,862
Nebraska
Omaha World-Herald
130,224
New Mexico
Albuquerque Tribune
37,103
New York
New York Times (Sunday)
1,433,908
Wall Street Journal
1,249,095
North Carolina
Charlotte Observer
172,758
Ohio
Cleveland Press
373,917
Columbus Citizen-Journal
118,735
Pennsylvania
Philadelphia Bulletin
600,809
Philadelphia Inquirer
454,741
Pittsburgh Press
341,118
Wilkes-Barre Times-Leader News
73,142
Tennessee
Memphis Press-Scimitar
125,738
Knoxville News-Sentinel
108,750
Texas
Houston Chronicle
295,207
Houston Post
289,301
San Antonio Express
144,217
San Antonio Light
126,574
E1 Paso Times
64,042
E1 Paso Herald Post
47,450
Fort Worth Press
44,684
Virginia
Norfolk Ledger-Star
104,715
Washington
Seattle Times
236,866
Wisconsin
Milwaukee Journal
347,689
District of Columbia Washington Post
532,806
Total Circulation: 13,326,325
JUDICIAL SALARIES: EDITORIAL COMMENT
"Congress must give top priority to the salary question. Its refusal
to increase the salaries of high-level government officials since 1969
is now beginning to cripple the judiciary.
A continuation of the present
situation is going to force more judges, particularly younger ones, off the
bench and make it increasingly difficult to find first rate replacements."
WASHINGTON POST (Jan. 1, 1975)
"We favor a cut, rather than further increase, in total government spending.
But one of the dangers in the government's trying to use its budget to
reform society is that truly essential government services may be starved.
The Judicial Branch, dependent on the other two branches for its budget,
is particularly vulnerable and particularly deserving of protection. "
WALL STREET JOURNAL (Jan. 31, 1975)
"The Constitution specifically prohibits Congress from lowering the salaries
of judges while they are in office; inaction, however, accomplishes precisely
that result and in so doing violates the spirit if not the letter of the
Constitution.
"
ALABAMA JOURNAL (Dec. 24, 1974)
"The raise was justified. It should be reconsidered and acted upon
favorably. The nation cannot expect to attract and hold the best qualified
men for the federal judiciary if they are not adequately compensated."
ST. LOUIS GLOBE-DEMOCRAT (Dec. 25, 1974)
"The federal judiciary certainly stands in need of more adequate compensation
if competent judges are to be retained."
MIAMI HERALD (Feb. 13, 1974)
"The country wants its best lawyers on the bench, not those who would be
willing to work for a substandard salary. Congress should realize this and
act as soon as possible to raise the judicial pay scale. "
OMAHA WORLD-HERALD (Mar. 20, 1974)
"
without sufficient financial incentive to keep good judges and attract
qualified people to the federal bench, the quality of justice will ultimately
suffer.
"
HOUSTON POST (Jan. 8, 1975)
"If the average salaried American in private enterprise had not received a
raise through these five years of high inflation he would be screaming
bloody murder. "
SAN FRANCISCO EXAMINER (Dec. 16, 1974)
"
the federal judges' pay lag obviously has become a serious concern.
In the nation's interest, as well as the judges, the inequity ought to
be eliminated and without undue delay."
NORFOLK LEDGER-STAR (Jan. 13, 1975)
-2-
"Lawyers of high ability have traditionally made substantial financial sacri-
fices to serve on the Federal bench. But the combination of soaring inflation
and Congressional inaction--even to take care of increases in the cost of
living--has imposed a double sacrifice on those upon whom the country depends
so heavily for the quality of justice.
The need for Congressional action
is urgent. "
(June 15, 1974)
"The injustice of Federal judicial pay scales is obvious when measured
against the salaries of other Federal employees.
Federal judgeships are
for life; fairness, as well as maintenance of quality, demands that they
receive equitable compensation. "
(Dec. 31, 1974)
"Congress has held back increases for the judges with unconscionable
shortsightedness--unfairly and improperly linking proposed raises for
Congressional and judicial salaries. Each should be decided on its
merits; and the judges should come first. "
NEW YORK TIMES (Feb. 6, 1975)
"Letting experienced jurists get away and failing to attract outstanding
lawyers to the bench (due to low salaries) is extremely short-sighted
public policy. Eventually it will have a detrimental impact on the quality
of justice in this country. "
KANSAS CITY STAR (Dec. 9, 1974)
"There is undoubtedly a connection between the frozen salaries and growing
workloads, and the increased rate of resignations. "
JACKSONVILLE JOURNAL (Dec. 30, 1974)
"
Chief Justice Burger has called attention to a problem which Congress
can continue to ignore only at great peril to the quality of justice in the
federal courts judicial salaries
how many more resignations will it
take before Congress moves to save the federal bench from wholesale depletion
of first-rate judges?"
PHILADELPHIA INQUIRER (Jan. 2, 1975)
"If the federal judicial system is to be saved from severe and lasting
damage, Congress must act quickly to raise the pay of federal judges. "
PHOENIX GAZETTE (Jan. 15, 1975)
"
if the congressmen want to apply that restraint to themselves, let
them, but also let them separate the pay increases for the federal judges
and other officials and adopt those. "
WILMINGTON EVENING JOURNAL (Feb. 13, 1974)
"In these times we would like to see the government hold the line on
expenses but there are exceptions and one is the case of the federal judges.
We need good judges as seldom before and we're not going to be able
to recruit them for the federal bench under the present pay scale. "
ATLANTA JOURNAL/CONSTITUTION (Jan. 19, 1975)
"By rights, federal judges should receive salary hikes of about 50 percent. "
EL PASO TIMES (Dec. 23, 1973)
-3-
"More money for judges is clearly in order. The alternative a federal bench
of gradually declining competence--would be infinitely more costly."
(June 11, 1974)
"Congress will not find it politically popular to raise judicial salaries
in the midst of recession and rising unemployment. But the alternative is
a certain decline in the quality of justice in the federal courts. In the
end
that could prove to be far more costly. "
LOS ANGELES TIMES (Jan. 1, 1975)
"Clearly, Senate refusal to permit any judicial salary increases since 1969
is out of step, and jeopardizes the quality of justice being demanded by the
people.
Various pay proposals have been advanced. But one which seems fair
is a $10,000 increase which would promptly overcome the ravages of inflation
for the past five years, and make federal judgeships more inviting for
qualified appointees."
ARIZONA REPUBLIC (Jan. 12, 1975)
"The Congressional parsimony is as unrealistic as it is unfair, particularly
in light of the sharp rise in the cost of living in recent years; and not
all judges have been able to grin and bear it. "
PHILADELPHIA EVENING BULLETIN (Jan. 15, 1975)
"If the judiciary system is to resolve the issues put before it, it needs
more judges, not fewer. It needs dedicated judges capable of respecting the
nation's traditions, yet able to interpret them to meet the demands of
contemporary affairs. The prevailing salaries will not attract enough such men
to. the federal bench. "
CHARLOTTE OBSERVER (Jan. 5, 1975)
"Not only has the value of the salaries of these judges seriously decreased,
the loads placed on these judges have been greatly increased. To continue
to deny them salaries at least within sight of the sort of wages these men
could get in private practice would be the worst sort of penny-wise and
dollar-foolish thinking. "
FLINT JOURNAL (Dec. 27, 1974)
"Congress has an obligation to boost judicial pay at least to keep pace
with the cost of living. The price of not doing so will be costly deter-
ioration in the quality of the federal judiciary."
DES MOINES TRIBUNE (Dec. 31, 1974)
"But the point that Burger makes in this and others of his yearend sug-
gestions including the appointment of new judges and the increasing of
salaries is that the courts are a bastion of protection on both civil
and criminal fronts. "
CHICAGO SUN TIMES (Dec. 30, 1974)
"We urge the President and Congress, in the best interest of keeping and
attracting our best qualified lawyers to the federal bench, to grant a
deserved pay increase."
(Dec. 3, 1973)
"The federal judiciary is past due for a sizable pay raise, and the 94th
Congress should grant the raise as a priority. "
SAN ANTONIO LIGHT (Jan. 6, 1975)
-4-
"
a case can be made for the increases, especially those for judges
and civil service officials. If the raises are rejected, there will
not be another chance for them until 1977, meaning that all those con-
cerned would be without a raise for eight years. Few wage earners can
claim to have suffered that indignity.
it would be a shame if the
legitimate needs of the judiciary and the executive were sacrificed
because of the lawmakers' political fears."
CHICAGO TRIBUNE (Feb. 11, 1974)
"Federal judges are seeking a pay increase, and the Chronicle believes an
adjustment is in order. We should economize on government at every
level; at the same time, we need to be realistic. When the pay a judge re-
ceives is not enough to attract highly qualified individuals, it is the
public that will be the loser. "
HOUSTON CHRONICLE (Jan. 12, 1975)
"All persons interested in the federal courts and the quality of justice
they dispense should be aware of the urgent need for public support for
federal judicial salary increases."
JUDICATURE (Dec., 1973)
"Burger makes a valid point about judicial pay, which has been frozen
at $40,000 for nearly six years--despite the soaring cost of living and
six salary increases for other federal employeees."
MILWAUKEE JOURNAL (Jan. 6, 1975)
"We think that opponents of pay hikes for U.S. judges are wrong.
Federal
judges have not had a pay raise in five years, a period when other federal
employees have received pay raises averaging 38 percent, and the cost of
living has risen 42 percent. "
(Jan. 8, 1975)
FORT WORTH PRESS
ROCKY MOUNTAIN NEWS
PITTSBURG PRESS
CLEVELAND PRESS
EL PASO HERALD-POST
MEMPHIS PRESS-SCIMITAR
COLUMBUS (Ohio) CITIZEN-JOURNAL
ALBUQUERQUE TRIBUNE
EVANSVILLE (Ind.) PRESS
HOLLYWOOD (Fla.) SUN-TATTLER
KNOXVILLE NEWS SENTINEL
BIRMINGHAM POST-HERALD
THE WALL STREET JOURNAL, FRIDAY, JANUARY 31, 1975
REVIEW & OUTLOOK
The Judges' Pay
The State of the Judiciary
could earn much more money as lawyers than they are
THE WASHINGTON POST Wednesday. Jan. 1. 1975
R
Dos Angeles Times
OTTS CHANDLER, Publisher
ROBERT D. NELSON
Executive Vice President and General Manager
HARRISON GRAY OTIS, 1882-1917
WILLIAM F. THOMAS
Executive Vice President and Editor
HARRY CHANDLER, 1917-1944
NORMAN CHANDLER, 1944-1960
CHARLES C. CHASE, Vice President- Production
ROBERT L. FLANNES, Vice President and Assistant to the Publisher
ROBERT C. LOBDELL, Vice President and General Counsel
VANCE L. STICKELL, Vice President-Sales
JAMES BASSETT, Associate Editor
JAMES BELLOWS, Associate Editor
ANTHONY DAY, Editor of the Editorial Pages
ROBERT J. DONOVAN, Associate Editor
FRANK P. HAVEN, Managing Editor
6-Part II
WEDNESDAY MORNING, JANUARY 1, 1975
The Chief Justice Is Worried
THE KANSAS CITY STAR
KANSAS CITY, MO.
D. 308,862 SUN. 400,110
DEC 9 1974 Bofalla
A Policy That Saps the Judiciary
THURSDAY, FEBRUARY 6, 1975
The New York Times
Paying for Justice
MILWAUKEE JOURNAL
JANUARY 6, 1975
Federal Courts Need Help the
Federal indges in recent vears nearly six years - despite the
CHARLOTTE OBSERVER
JANUARY 5, 1975
Federal Judges' Pay Falls Behind
1-5- 5. 75Clasissome
with of the court had in the
PHILADELPHIA
PULITZER
PRIZE
1964
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1965
Established 1847, William L. McLean, President and Publisher, 1895-1931
AN INDEPENDENT. LOCALLY OWNED NEWSPAPER SERVING THE
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10
JANUARY 15, 1975
A
Federal judges' salaries
Pocketbook justice
ROCKY MOUNTAIN NEWS
DENVER, COLORADO
January 8, 1975
Burger's program
IT IS CI FAR by that IT S Chief Inc. judges wrong on both points Federal
NORFOLK (VA) LEDGER-STAR
JANUARY 13, 1975
Federal judges' pay bind
The Phoenix Gazette
Eugene C. Pulliam. Publisher
"Where The Spirit Of The Lord Is, There Is Liberty"
II Cerinthians 3:17
PAGE 6 Section A
WEDNESDAY, JANUARY 15, 1975
Raise U.S. Judges' Pay
TIME MAGAZINE
FEBRUARY 10, 1975
Broke on the Bench
- m... ...
ALABAMA JOURNAL
DECEMBER 24, 1974
Punishing The Judges
AS THE VE 10 draus to
San Francisco Examiner
D. 203,026
DEC 161974
Raises justified
Judges 27421
TODAY'S Inside Report on this page di
Tues., Dec. 31, 1974 THE MIAMI RERALD 7-A
$40,000 a Year-
And Underpaid
By FREDERIC SHERMAN
They decided to pass up the building
of Our Editorial Beard
of bigger and better residences, to
THE ---- --- l -ine have - ... -
DES MOINES TRIBUNE
DECEMBER 31, 1974
Threat to-Judicjary
HOUSTON CHRONICLE
Page 22, Section 3
Sunday, January 12, 1975
Editorials
Pay hike for judges justified
JACKSONVILLE (FLA) JOURNAL
DECEMBER 30, 1974 МИОЯНО истацон
alsito
СОЩ
Burger Is Persuasive
San Antonio E Light
FIRST IN TEXAS COMMUNITY SERVICE
WILLIAM B. BELLAMY
KENNETH R. BYRD
Publisher
Managing Editor
Monday, January 6, 1975
Page 4-D
More Judge Pay
L
THIS DAY of inflationary rungo
22A St. Imis 61nhe-Demnerat Wed., Dec. 25, 1974
GLOBE-DEMOCRAT PUBLISHING CO.
12th at Delmar. 63101. Published Delly, Menday through Friday. cad Weekend 342-1212
G. DUNCAN BAUMAN, Publisher
GEORGE A. KILLENBERG, Menaging Editor
MARTIN L. DUGGAN, Editorial Page Editor
BEN MAGDOVITZ. Advertising Director
The Globe-Democrat is on independent newspaper printing the news impartially.
supporting what it believes to be right and opposing what it believes to be wrong
without regard to party politics.
Fair Pay for Federal Judges
20
Section 1
Chicago Tribune, Monday, February 11, 1974
CHICAGO TRIBUNE
JAN 29 1975
Chicago THE WORLD'S
Tribune
GREATEST NEWSPAPER
LIBRARY SERVICES
FOUNDED JUNE 10, 1847
STANTON Cook, President and Publisher
CLAYTON KIRKPATRICK, Editor
ROBERT GOLDSBOROUGH, Sunday Editor
MAXWELL McCROHON, Managing Editor JOHN McCuTCHEON, Editorial Page Editor
faces (shudder!) a pay raise
- iii TP the relson
The Atlanta Tournal
AND
THE ATLANTA CONSTITUTION
James M. Cex. Chairman 1939-1957-James M. Cox Jr., Chairman 1957-1974
Jack Spalding, Editor
Jack Tarver, President
Reg Murphy, Editor
The Atlanta Journal
Atlanta Newspapers
The Atlanta Constitution
22-A
JANUARY 5, 1975
A Raise for the Judges
OVERLOADED COURTS are a prob-
judges having been frozen for nearly
lem on the federal as well as the
six years, noting that as many district
local level. Inasmuch as this situation
judgez have resigned to return to the
delays the process of justice and inae-
practice of law in the last 13 months
much as today of all days demands
as during the preceding 34 years.
speedy justice, proposals to remedy
this situation deserve serious atten-
Justice Burger's office as well as
tion.
the rising crime rate indicate his
Chief Justice Warren Burger has
proposals be given serious considera-
proposed some moves to expedite jus-
tion. We suggest, however, that the
tice in the federal courts which in-
raise for the judges be a separate bill
clude 52 new district and 11 new cir-
in order to free Congress from the
cuit judgeships. He also questioned the
temptation of giving its members
fairness of the salary of federal
another raise at the same time.
The Judges' Pay
JANUARY 19, 1975
IN THESE times we would like to see
difficult to find competent younger
the government hold the line on
lawyers to replace them. Why?
expenses but there are exceptions and
The answer is finances. Federal
one is the case of the federal judges.
judges have not had a pay raise since
These judges work hard and on
1969 while the cost of living has gone
them we depend for fair treatment
up enormously since. Perhaps the
and interpretation of the laws of the
recession will make these posts look
land. The federal bench historically is
more attractive as they are certainly
an honorable place and some of our
secure, but the recession can't last
greatest Americans have been found
forever, we hope, and the federal ju-
there.
diciary should be strong regardless of
Today, however, judges are resign-
economic conditions.
ing at an unprecedented rate and it is
Federal judges make relatively lit-
tle compared with the ranks of suc-
cessful lawyers from which they are
drawn and the time lag on the pay
raise is such that 20 states now pay
their judges as much or more than the
U.S. government.
Respect for law and order means
respect for the courts and respect for
the courts comes when and if the
courts and those who operate them
are worthy of respect. We need good
judges as seldom before and we're not
going to be able to recruit them for
the federal bench under the present
pay scale.
ARTHUR OCHS SULZBERGER
Publisher
JOHN B. OAKES, Editorial Page Editor
The New York Times
A. H. RASKIN, Assistant Editorial Page Editor
A. M. ROSENTHAL, Managing Editor
SEYMOUR TOPPING. Accistant Editam
Founded in 1851
ADOLPH S. OCHS, Publisher 1896-1935
Justice for the Judges
ARTHUR HAYS SULZBERGER, Publisher 1935-1961
ORVIL E. DRYFOOS, Publisher 1961-1963
For the first time in its 184-year history, the docket
of new and old cases handled in the most recent term of
Tuesday Dec. 31, 74
the United States Supreme Court passed the 5,000 mark.
Yet the Federal courts face serious problems-the in-
creased. caseload with too few judges, a need to broaden
the role of United States magistrates and reduce the
Jersey Times-January 14, 1975
1
the
mu
Federal Judges
to
$10
Want Raise
s
ind
pa
gre
Congress, Others
Emphatically, they. are not
to
Shun Plan for Jurists'
sponsoring it,
me
One of the ironies of the ju-
for
First Hike Since '69
diciary's dilemma is that a siz-:
If
By ROBERT S. ALLEN
able pay increase was before
CO
the last Congress for most of
cre
Everybody's for it but no one's
the two years of its duration
hre
A
B A
RELEASE:
8:00 p.m. (EST) January 10
CONTACT:
Tom Gradel
ABA PRESIDENT WARNS QUALITY OF JUSTICE MAY SUFFER
IF FEDERAL JUDGES' SALARIES ARE NOT RAISED
AKRON, Ohio, Jan. 10 -- The president of the American Bar
Association tonight warned that "if salaries of federal judges
are not raised soon, the quality of justice in our society may
suffer."
James D. Fellers said, "A significant number of judges
presently on the bench are reported to be considering resigning
during 1975, if salary increases are not forthcoming.
"Their rumored discontent is especially meaningful," Fellers
said, because five of the six federal judges who resigned during
1974 found it necessary to do so because of the current inadequate
level of compensation." During the last 100 years, resignations
from the federal bench averaged only one judge every two years.
In December, the ABA Board of Governors passed a resolution
calling for increased compensation for federal judges.
- more -
In his address at the 100th anniversary observance of the
Akron Bar Association tonight, Fellers strongly endorsed the
board's position and he again presented the reasons why the pay
raises are needed now.
"In March, 1969, federal judges saw their last pay raise,"
Fellers said. "Their salaries remained constant during a period
when the consumer price index increased almost 45 per cent.
"And, although federal employees as a whole have not
kept pace with this index, general schedule federal employees
(GS 3 through GS 18) have received pay increases of a little more
than 38 per cent.
"It seems, the Oklahoma City attorney said, "that we are
making a critical error in asking persons who six years ago
agreed to serve on the bench to take, in effect, 10 per cent
salary cuts each year of their service. Public service is one
thing, but public imposition is another.
"Federal judges handle a wide diversity of cases, from complex
multi-plaintiff and multi-defendant civil suits to simple, yet
very important, criminal cases.
"To handle this assignment effectively, without tremendous
waste of taxpayers' money, we must have a qualified person
knowledgeable in the law with a clean background and with good
judicial temperament," the ABA president said.
- more -
"People with these qualities are not going to accept appoint-
ment to the federal bench if they are not adequately compensated.
Similar people now on the bench are not going to remain if their
incomes are continuously eroded.
Fellers said he realized that now is not a good time to be
asking for pay raises, since many persons are unemployed and the
President is asking Congress and the public to hold the line on
expenditures and even to make cuts in many sensitive areas.
"There have to be some exceptions, Fellers said. "It
must be recognized that federal judges are being required to
make inequitable financial sacrifices in order to serve. It
is not right to make these 500 dedicated individuals make such
sacrifices.'
"I hope that our request does not fall on deaf ears, Fellers
said. "High quality and independent federal judges are essential
to the proper maintenance of the administration of justice in our
society. Reasonable increases in their compensation are essential
if the excellence of our judiciary is to continue."
There are 497 active U.S. district court judges, 95 jurists
on the U.S. Circuit Court of Appeals, and 9 U.S. Supreme Court
justices.
Since March, 1969, annual salaries have been frozen at these
levels: district judges, $40,000; appellate judges, $42,500;
associate justices of the Supreme Court, $60,000, and Chief Justice
of the United States, $62,500.
Chicago Sun-Times
Monday
December 30, 1974
Burger on court reform
EDITORIAL, HOUSTON POST,
Post 1 commentary
JANUARY 8, 1975
Shortchanging justice
SEATTLE TIMES
DECEMBER 30, 1974
TO sustain a well-ordered society'
The Philadelphia Inquirer
An Independent Newspaper
Published Every Morning by Philadelphia Newspapers, Inc.
400 N. Broad Street, Philadelphia, Pa. 19101
FREDERICK CHAIT; President
SAM S. McKEEL, General Manager
CREED C. BLACK. Editor
EUGENE L. ROBERTS. Jr., Executive Editor
Thursday, January 2, 1975
Page 6-A
Shabby treatment for judges
EL PASO HERALD-POST
JANUARY 7, 1975
El Paso Herald-Post
A SCRIPPS HOWARD NEWSPAPER
ROBERT W. LEE, Editor
Mills avenue and Kansas street
Phone 532-1661
SCRIPPS
-
HOWAR:
R
SECTION A, PAGE 4
TUESDAY, JANUARY 7, 1975
Burger's Program
FORT WORTH PRESS
JANUARY 8, 1975
8-The Fort Worth Press
Wednesday, January 8, 1975
The Fort Worth Press
A SCRIPPS-HOWARD NEWSPAPER
Delbert Willis, Editor
Leslie E. Yates, Business Manager
GIVE LIGHT AND THE PEOPLE
WILL FIND THEIR OWN WAY
Federal court needs
1-8-75
FLINT JOURNAL
DECEMBER 27, 1974
Thaw this wage freeze
Phoenix, Sunday, Jan. 12, 1975
THE ARIZONA
REPUBLIC
EUGENÉ C. PULLIAM, Publisher
Where The Spirit Of The Lord Is, There is Liberty-II Corinthians 3:17
Editorials
Paying for the best
- a 1...111 1.....
So You
New YORK,
Want to Be
TIMES
1-5-75
A Judge?
By George V. Higgins
richard spong
2500 Virginia Ave., N.W.
Washington, D.C. 20037
(202) 338-9295
HEAR ME OUT
STATE OF THE JUDICIARY
FEDERAL JUDGES IN THE UNITED STATES are increasingly overworked
and substantially underpaid.
This is the gist of what Chief Justice Warren E. Burger may be
expected to tell attorneys of the American Bar Association in Chicago
on Sunday, Feb. 23. The Chief Justice's address, a "Report on the
Judiciary," will highlight the six-day midyear meeting of the ABA
and affiliated groups.
Chief Justice Burger's year-end report of late last December
suggests the basis of his Chicago speech. By no means a cheerful
document, the report states bluntly that the federal courts are in
trouble. It presses again for quick action by Congress on an omnibus
judgeship bill in response to a two-year-old federal judiciary re-
quest for 63 new judges. Such a bill would create 52 new district
judgeships (increasing them to 454) and 11 new circuit judgeships
(now 97).
The need is scarcely disputed. District court judges in fiscal
year 1974 confronted another 1.6 per cent rise in the number of
cases already flooding their courtrooms. The total of new cases was
143,284. By dint of "resourcefulness, efficiency, and dedicated
work," the Chief Justice reported, a corps of 400 trial judges, who
had disposed of 120,000 cases four years earlier, in FY 1974 managed
to increase the number of cases decided to 139,159, about 4,000
fewer than those filed.
The number of new appellate cases reached an all-time high of
16,436. This was 80 per cent more than the same corps of 97 appeals
judges faced six years earlier. With the help of procedural stream-
lining, including a "somewhat draconian" curtailment of oral argument,
these appeals judges managed to handle 87 per cent more cases than FORD
they had six years earlier.
The crowding of the dockets is rather appalling, but it should QUALO
LIBRARY
yield highest priority to the salary bind. Federal judges under a
system rather curiously tied to the salaries of congressmen them-
selves -- and top government executives -- are paid exactly what they
got six years ago. Since March 1969, annual salaries have been frozen
- 2 -
at these levels: district judges, $40,000; appellate judges,
$42,500; associate justices of the Supreme Court, $60,000, and
Chief Justice of the United States, $62,500.
During this interim, the average civil servant's pay has been
increased more than 50 per cent. The cost of living has gone up
more than 42 per cent.
The pay of judges, legislators, presidential appointees and
supergrade federal employees are supposed to be decided by a presi-
dential commission. But the latest commission recommendation, which
would have raised judges' pay by only 22 per cent, foundered in the
Senate early last year, when election-wary senators refused to sup-
port any measure which would have increased their own salaries as
well. The Chief Justice observes: "Fair-minded citizens will ask
if it is equitable to reduce judges' purchasing power each year when
many salaries and wages are adjusted to the Consumers' Price Index."
THAT'S PUTTING IT judicially mildly. ABA President James D.
Fellers recently made the same case more emphatically. In a speech
in Salem, Ore., Fellers observed: "It seems that we are making a
critical error in asking persons who six years ago agreed to serve
on the bench to take, in effect, salary cuts each year of their
service People with these qualities La clean background and good
judicial temperament7 are not going to accept appointment to the
federal bench if they are not adequately compensated. Similar
people now on the bench are not going to remain if their incomes are
continuously eroded. I hope Congress will authorize increased com-
pensation for federal judges immediately."
Chief Justice Burger makes the point that six federal judges had
resigned in the past 13 months. That came to "as many resignations
for such reasons" -- to return to private or corporate practice of
law -- "as in the previous 34 years.' In commenting on this part of
the Burger annual report, the Washington Post noted that one of those
judges who resigned is thought to have more than tripled his $40,000
income by leaving the bench.
The highest paid judges in the United States are no longer the
members of the U.S. Supreme Court, as was the case in 1969, but
rather the Court of Appeals of New York State. California, Michigan,
New York, and even Virginia -- a state not noted for the generosity
of its purse -- pay their state court trial judges more than federal
district judges.
- 3 -
ABA President Fellers said he recognizes that the timing is
difficult "when there are so many unemployed and when the President
is calling on Congress and the public to hold the line on expenditures
and to cut them in so many sensitive areas." We agree with Fellers,
however, that there have to be some exceptions.
The whole idea of tying federal judges' salaries -- and salaries
of other top government people -- to the salaries of members of Con-
gress was supposed to be that this would make it easier for the law-
givers to escape public criticism when they raised their own stipends.
We thought it wrong-headed and stupid at the time, and sure enough,
it backfired. Now the salaries of judges and others are frozen be-
cause the legislators are just too chicken to give themselves a
raise in an election year -- or, as it now seems, in any other year.
If Congress doesn't have the guts to vote its own members a pay hike,
it ought in all fairness to break the bonds between congressional
salaries and those of civil servants and judges.
THE SUBJECTS of caseloads and salaries are only two of the recom-
mendations of Chief Justice Burger's year-end report. Among his
other major recommendations is one urging congressional action to re-
duce or do away with three-court judges, as recommended by prestigious
legal bodies as far back as 1968. This is a reform that is long over-
due. So is the need of legislation to define and broaden the respon-
sibilities of U.S. magistrates to relieve district judges of numerous
time-consuming tasks. The recommendation of the Chief Justice for
the creation of a new federal court of appeals -- to relieve the
burden on the Supreme Court --- to our mind deserves more discussion
and consideration.
Few people other than attorneys and judges are fully aware of
the Chief Justice's responsibility to manage, so to speak, the federal
judiciary. This is one area in which Warren E. Burger already has
established a record that is pretty close to revolutionary. The
image of the Warren Court remains to be drawn, but Chief Justice
Burger has surely shown himself by now to be a friend and supporter
of the working federal judge.
LIBRARY
FEBRUARY 1975
Rowland Evans and Robert Novak
WASH. POST
DEC.M,1974
Low Pay for High Government Jobs
24
Section 1
Chicago Tribune, Sunday, December 8, 1974
5 U.S. judges
quit over salary
By Jack Fuller
the five judges resigned to re-
FIVE FEDERAL District
turn to lucrative private prac-
tices.
Sample of judge's salary*
Thousands of dollars
50
45
40
35
30
25
20
Utahlahoma
Indiana
Illinois -Co.)`
Californiaw York
*Top pay for general trial court judge (circuit court).
**$5,000 Increase passed by legislature, but not signed by-govemor.
Tribune Chart
FORD
LIBRARY
OTIS CHANDLER, Publisher
Cos Angeles Times
ROBERT D. NELSON
Executive Vice President and General Manager
WILLIAM F. THOMAS
HARRISON GRAY OTIS, 1881-1917
Executive Vice President and Editor
HARRY CHANDLER, 1917-1944
NORMAN CHANDLER, 1944-1960
CHARLES C. CHASE, Vice President-Production
ROBERT L. FLANNES, Vice President and Assistant to the Publisher
ROBERT C. LOBDELL, Vice President and General Counsel
VANCE L. STICKELL, Vice President-Sales
JAMES BASSETT, Associate Editor
JAMES BELLOWS, Associate Editor
ANTHONY DAY, Editor of the Editorial Pages
ROBERT J. DONOVAN, Associate Editor
FRANK P. HAVEN, Managing Editor
TUESDAY MORNING, JUNE 11, 1974
More Pay for Federal Judges
New York Times
June 9, 1974
Federal Bench
Is Hurt-By
Low Wages
The Philadelphia Inquirer
An Independent Newspaper
Published Every Morning by Philadelphia Newspapers, Inc.
400 N. Broad Street, Philadelphia, Pa. 19101
FREDERICK CHAIT, President
SAM S. McKEEL, General Manager
CREED C. BLACK, Editor
EUGENE L. ROBERTS Jr., Executive Editor
Monday, February 11, 1974
Page 10-A
After 5 years, raises are due
22
Wednesday, March 20. 1974
Omaha World-Berald 3/20/74
Editorials
Unsigned articles on this page are the opinion of The World-Herald
Underpaid Federal Judges
WILMINGTON EVENING JOURNAL
Even Canil
1 P olitics of Pay Raises Sid 2/13/74
THE TERRE ПАШТЕ TRIBUNE
TERRE HAUTE, IND
D, 27,301
MAR 16 1974 Inioi
Pay Problem in Judiciary
JUDICATURE DEC. 1973
EDITORIAL
Raise Federal Judicial Salaries Now
San Antonio Light
FIRST IN TEXAS COMMUNITY SERVICE
FRANK A. BENNACK JR.
WILLIAM B. BELLAMY
Publisher
Executive Editor
Page 6-B
MONDAY, DEC. 3, 1973
Judge Pay Need
Philadelphia Inquirer
PHILADELPHIA, PA.
D. 463.503 SUN. 867,810
APR 23 1974
i
The way we treat our judges
,
The Miami Herald
JOHN S. KNIGHT, Editorial Chairman
JAMES 1. KNIGHT, Choirman
LEE HILLS, Publisher ALVAH H. CHAPMAN, Jr., President DON SHOEMAKER, Editor BEVERLY R. CARTER, Gen. Mgr.
LARRY JINKS. Executive Editor
JOHN D. PENNEKAMP, Associate Editor
GEORGE BEEBE, Associate Publisher
RON MARTIN, Monaging Editor
6-A
Wednesday, February 13, 1974
There is another catch of quite an-
other kind. This is the fact that other
elected or appointed persons, especially
judges, have had no increase since 1969.
Not even the 1971 wage control act has
been that oppressive.
The federal judiciary certainly
stands in the need of more adequate
compensation if competent judges are to
be retained. The same solicitude should
apply to some administrative pay sched-
ules, which have been held down to un-
reasonable levels since 1969. The two
needs. in short, should be separated and
should be legislated individually and
positively.
President's
Page
Chesterfield Smith
ABA JOURNAL
January, 1974
Volume 60
5
NEW YORK TIMES 6-15-74
The New York Times
Founded in 1851
ADOLPH S. OCHS, Publisher 1806-1935
ARTHUR HAYS SULZBERGER, Publisher 1935-1361
ORVIL E. DRYFOOS, Publisher 1361-1963
Paying for Justice
...
NGRESSIONAL RECORD - SENATE
December 16, 1974
While many in Congress fear to ad-
because of vastly higher-paying law partner-
dress themselves to the reality of the
ships. Burger's warning: without higher sal-
situation, we continue to lose many of
aries, already overburdened courts will dan-
our most experienced and talented in-
gerously decline in talent and production.
dividuals who have devoted a greater
The salary problem is compounded by the
Rube Goldberg system that pays regular
portion of their lives to public service.
cost-of-living allowances to retired federal
The situation has reached the point
employees but denies built-in escalation to
where it is more lucrative for a public
the highest grade officials while they stay
servant to retire today, than it is for him
on the government payroll.
to continue his work in Government serv-
That explains the startling 50 percent in-
ice. He stands to lose for every year he
crease in top-level executive branch retire-
remains in Government service.
ments since 1970. These are career bureau-
As Chief Justice Warren Burger has
crats who, in the words of Democratic Sen.
warned-
Gale McGee of Wyoming, chairman of the
Senate Post Office and Civil Service Commit-
The American Judicial system is en-
tee, "kept this government running during
dangered by massive early retirements be-
the Watergate vacuum of power."
cause of a five-year salary freeze.
One case in point is the frozen $42,500
The top-level talent in the Federal
salary for the Director of Management
bureaucracy is leaving Government in
and Budget (OMB), the top management
job in the vast federal bureaucracy. When
droves. We have reached a point where it
the President decided to name Housing and
has become virtually impossible to re-
Urban Development Secretary James Lynn
place this talent. Thus, we all pay a price
to replace OMB Director Roy Ash. Lynn's
for playing politics with this issue rather
acceptance guaranteed him a 30 percent cut
than facing the stark fact that unless the
in pay. The reason: Congress has always re-
situation is remedied, we will have to
fused to give any presidential staff job a
settle for mediocrity in many cases and
salary higher than its own.
virtual paralysis in others.
Indeed, a quiet White House effort to raise
I ask unanimous consent that the
the OMB director's salary to Cabinet level
($60,000) when George Shultz resigned as
column be printed in the RECORD.
Secretary of Labor to become OMB director in
There being no objection, the article
1970 met disaster.
was ordered to be printed in the RECORD,
A bill quietly drafted inside OMB paired
as follows:
the chairman of the Federal Reserve Board
[From the Washington Post, Dec. 14, 1974]
($42,500) with the director of OMB, raising
Low PAY FOR HIGH GOVERNMENT JOBS
both salaries to $60,000. Before the bill ever
was sent to Congress, former White House
(By Rowland Evans and Robert Novak)
aide Charles Colson inadvertently got wind
Despite a critical warning from Chief Jus-
of the secretly-drafted bill and used it as a
tice Warren Burger delivered privately to
club to attack Chairman Arthur Burns of the
President Ford that the "American judicial
Fed for trying to raise his own salary. Burns
system" is endangered by massive early re-
was not even aware the bill had been drafted.
tirements because of a five-year salary freeze,
Lynn will now take his 30 percent salary
the President and fearful congressional lead-
cut. Top-grade career bureaucrats. federal
ers agreed on Wednesday to postpone action
judges and Congress increase, given the
until next year at the least.
balance of political terror inside the White
That burying of what some politicians view
House and on Capitol Hill over so sensitive
as a national crisis extending far beyond
an issue.
Burger's judicial domain was probably in-
Yet Burger's warning to Mr. Ford and the
evitable, given the deepening recession and
decline of top-level talent in the much-
mounting unemployment.
maligned federal bureaucracy are too im-
It was President Ford himself who raised
portant to be treated frivolously much
the matter behind the closed doors of his
longer.
Wednesday morning session with congres-
sional leaders. After thrashing the highly-
politicized issue from all its aspects, the
congressional leaders left Mr. Ford with this
message: if he would publicly ask Congress
to unfreeze top-grade government career sal-
aries, established when the cost of living
was 42 per cent less than today, and promise
not to veto any pay-raise bill passed by Con-
gress, the combustible issue might be pushed
in Congress next year after passage of anti-
recession bills.
President Ford made no promise, fully
aware that he is loaded down with too many
political problems as it is to add the fury of
voters over higher government pay at a time
of national belt-tightening.
Yet both Burger's warning and the deep-
ening problem of resignations by top-level
federal bureaucrats frozen at $36,000 a year,
PAY FOR KEY FEDERAL EMPLOYEES
combined with critical recruitment gaps
stemming from the pay freeze, are not taken
Mr. McGEE. Mr. President, the issue
lightly either inside the White House or on
of pay for key Federal employees con-
Capitol Hill.
tinues to plague the ability of Govern-
Chief Justice Burger told Mr. Ford in his
ment to attract and retain those most
long White House talk late last month that
qualified for these positions of responsi-
seven federal judges had quit prematurely in
bility.
the past 13 months, more than at any time
in the last 100 years. The main reason: the
What is involved in our present set of
five-year pay freeze had reduced their $40,-
circumstances was aptly noted in a
000 salary to an effective level of $25,000.
column written by Rowland Evans and
First-rate U.S. attorneys, the bedrock of
Robert Novak which appeared in last
the criminal justice system, are becoming
Saturday's Washington Post.
hard to recruit, the Chief Justice believes,
Page 6-B
Tuesday, January 22, 1974
San Antonio Express
EDITORIALS
Rupert Murdoch
sliH
Charles O. Kilpatrick
Chairman
Editor and Publisher
Unfreezing Federal Judges' Pay
After an Intolerable Time Lag
......... ..
The I Paso Times
PUBLISHED EVERY DAY IN THE YEAR
BY EL PASO TIMES. INC.
MEMBER OF THE GANNETT GROUP
Dorrance D. Roderick, President and Publisher
William I. Latham. Editor
Page 6-A
Ofida Sunday, December 23, 1973
Judges Pay Hike
PULITZER
ORIZE
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1944
1923
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AN INDEPENDENT LOCALLY OWNED NEWSPAPER SERVING THE
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News Executives - GEORGE R. PACKARD, Executive [Jitor;
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8
MONDAY, MARCH 4, 1974
A
If it were up to me-and if I could do it-I would pull a truck up to the gates of
the White House and give them (Judiciary, Special Prosecutor) every damn memo they
want-give them the works and let them use what isn't classified.-Senate Republican
Leader Hugh Scott.
More pay for federal judges
WILKES-BARRE, PA.
TIMES-LEADER NEWS
RECORD
D. CIRC. N. AVAIL
AUG 22 1973
By:
Federal Judges' Pay
The Federal Indicial Center and
S 10400
CONGRESSIONAL RECORD - SENATE
June 12, 1974
ash and other minerals but that no one was
no more than $3.2 billion and only $1.4 bil-
chairman of the House Agriculture Com-
supplying the technical assistance to remedy
lion in foreign exchange reserves, India badly
mittee, and I, as chairman of the Senate
this.
needs more liquidity to import spare parts,
Committee on Agriculture and Forestry,
Per acre yields that were two or 1.8 tons
fertilizer, fuel and food. It probably won't
four years ago are down to 1.4 to 1.3 tons
get it since the nuclear explosion gave the
issued a joint statement concerning the
even in Punjab's richest district of Lud-
West and Japan the justification needed to
current crisis in the meat industry.
hiana. Mrs. Gandhi's economists talk about
turn their backs.
I ask unanimous consent that this
procuring seven million tons to keep the
Yet if India loses, so does everybody.
statement be printed in the RECORD.
urban public food distribution system going.
American grocery prices will keep on going
There being no objection, the state-
They will be lucky to get four or five million.
up as long as world food grain prices do, and
ment was ordered to be printed in the
The wheat harvest just threshed, hoped to
it will be hard to avoid a global recession
RECORD, as follows:
be 30 million tons, may reach less than 23
if the world's seventh biggest industrial pow-
JOINT STATEMENT
million tons. Although Mrs. Gandhi has
er collapses.
raised the procurement price per 100 kilos
Somehow Mrs. Gandhi has got to realize
In this time of runaway inflation, exorbit-
from $9.88 to $13.65, farmers angrily say
that the transfer of American farm tech-
ant interest rates, and shortages of some
this is still too high to offset high fuel and
nology to India must take precedence above
materials, many small businessmen are ex-
fertilizer costs; they demand "parity."
all else. To allow her advisers to convince
periencing hard times. However, the livestock
Many are hoarding their wheat at home for
her otherwise, at a time the Russians are
producer in the United States in experiencing
the first time. Food is politics in India and
eagerly seeking American industrial tech-
an economic squeeze that is without parallel
if Delhi, Bombay, Madras and Calcutta and
nology themselves, is tragic. Three years have
since the great depression.
such deficient states as Kerala cannot get
been lost already.
In the past six months, the price of fed
enough to avoid shortages and runaway
cattle has dropped over 20 percent-falling
prices, Mrs. Gandhi will be in real trouble
from $47 a hundredweight in January to
by September. And needlessly.
INFLATION CLAIMS ANOTHER
around $36 this week. Hog prices have fallen
JUDGE
even more-from about $40 a hundredweight
A few days before the nuclear blast Dr.
to under $22, a drop of 45 percent.
M. S. Swaminathan, director of the Indian
Council of Agricultural Research and per-
Mr. HUGH SCOTT. Mr. President, an
Cattle feeders are losing from $100 to $200
editorial in today's Philadelphia In-
a head. Hog producers are being forced to
haps the leading farming authority in India,
told me India could raise food production
quirer entitled, "Inflation Claims Another
liquidate their herds.
from the present 105 million tons to 220
Judge" cites the fact that many Federal
Livestock producers are caught in the in-
exorable squeeze between high production
million tons within 15 years provided it had
judges are finding they simply cannot
costs and lower prices for their product.
the water, power, cash, credit and tech-
afford to continue on the bench. In the
Clearly the smaller cattle and hog producers
nical assistance. Swaminathan, an old-fash
last 5 years the salaries of Federal judges
cannot continue to sustain such losses,
ioned technocrat, said he was looking for-
ward to the World Food Conference in Rome
have not been increased, yet during this
Already there have been a number of bank-
this fall; he wistfully recalled President Ken-
same time period inflation has risen by
ruptcies in the livestock industry. If this
30 percent. I bring this problem to the
trend continues, we will see wholesale bank-
nedy's 1961 prediction that America not
only had the means to set foot on the moon
attention of my colleagues and ask
ruptcies in the livestock producing areas of
unanimous consent that the editorial be
this nation. When these bankruptcies occur,
but the technology to totally eradicate hung-
the economy of rural communities and entire
er from the earth. Swaminathan was full of
printed in the RECORD.
States will suffer.
schemes to triple fertilizer production, ir-
There being no objection, the editorial
Moreover, this damage will not be tem-
rigate the vast Gangetic plain and ensure
was ordered to be printed in the RECORD
water control with cheap $3.10 bamboo tube-
porary. It will have a lasting and detrimental
as follows:
impact on the structure of our farm eco-
wells, introduce special new grain varieties
for the three-fourths of India's total acreage
INFLATION CLAIMS ANOTHER JUDGE
nomy. While there are currently many big
livestock producers who have the financial
that is not irrigated and so on. Implicit in
Another Federal judge, Arnold Bauman of
what he said was a return of American aid
resources to withstand such situations, there
the prestigious Southern District of New
are thousands and thousands of smaller pro-
and technology.
York, has resigned "because it is economically
ducers-family farmers-who do not have the
The inflation rate of the past 12 months
impossible for me to stay."
capital and resources to withstand the eco-
is somewhere between 22 and 29 percent; a
That makes him the third in the last year
to leave the bench for financial reasons. And
nomic crisis which is currently upon them.
kilo of rice can be bought for 13 cents at
When they are forced to the wall, their
government fair price shops in the cities
still a fourth, Judge Frederick Lacey of New
assets will be sold, at fire sale prices.
but out in the villages costs up to 26 cents.
Jersey, says he will leave for private practice
We don't believe that the concentration of
Mazdoors or landless laborers make 26, 39
at the end of this year "if no salary increase
is then in prospect."
hog and cattle production in the hands of a
or 52 cents a day when they can get work-
As Cyrus R. Vance, president of the As-
few large corporations will mean lower prices
power shortages and loss of water has dried
sociation of the Bar of the City of New York,
for consumers in the long run.
up crops in parts of once irrigated areas.
The arithmetic is such that landless laborers
points out, this "underscores the need for
Moreover, the cost-price squeeze currently
with the national average of 5.6 children can-
prompt action by the Congress."
being experienced by cattle and hog pro-
It has been more than five years since the
ducers has also spread into the poultry and
not possibly feed their families. One can visit
starving villages two or three hours from
salaries of Federal judges were increased.
egg industry. Turkeys were selling for 24
Meanwhile, the cost of living has increased
percent less this May that a year ago, broilers
Delhi.
some 30 percent.
were 13 percent less, and eggs at about 37
Nutritionists say an average Indian adult
percent less than in January of this year.
consumes 170 kilos of grain a year, a South-
In Judge Bauman's case, the New York
If price declines for livestock on the farm
east Asian 182, a Chinese 200 and an Ameri-
Times reports that when he leaves his $40,000-
level were reflected in lower meat prices, we
can 1000. When an Indian laborer with a
a-year Federal post he is expected to join a
might take some comfort from the situation.
family of eight has to feed them on 70 ounces
large corporate law firm where "experienced
But it is clear that consumers are not getting
a day, this is slow starvation.
partners frequently earn $150,000 or
the full benefit of the break in livestock
Besides the Russian wheat, India has
more a year."
prices.
bought about one million tons abroad so
The Federal government cannot be ex-
Of course, it is the responsibility and the
far, 200,000 tons from the US. But it cannot
pected to match that, of course, nor do the
desire of the Committees in Congress which
buy much more. India faces a $2.4 billion bal-
judges expect it to do SO, But it is unfair
represent agricultural producers. and which
ance of payments deficit this year and the
to expect the judges, many of whom made
write farm legislation, to do whatever is pos-
World Bank-sponsored Aid India Consorti-
substantial financial sacrifices in going OR
sible to alleviate the current crisis.
um, even before Japan and other countries
the bench in the first place, to go through
To their credit, livestock producers are a
threatened to cut off aid after the nuclear
what Judge Bauman calls "precipitous in-
fiercely independent breed. They have never
blast, had seen only $1.3 million in aid and
flation" with no adjustment in their salaries.
wanted government assistance or government
a 50 percent debt rescheduling as the maxi-
Congress made a serious mistake in killing
controls. However, we are currently receiving
mum achievable target. And $200 to $300 mil-
a proposed increase for the judiciary earlier
thousands of complaints from livestock pro-
lion of this was hoped to come from Con-
this year. How many more judges will have to
ducers who can no longer cope with the eco-
gress replenishing the International Devel-
leave the bench before it is corrected?
nomic catastrophe which has befallen them.
opment Association (IDA), the World Bank's
Several bills have been introduced and re-
soft loan arm. Congress has yet to act. Mean-
ferred to the House and Senate Committees
while, India has drawn a few hundred mil-
HOUSE, SENATE AGRICULTURE
which would provide emergency relief for
lion from the International Monetary Fund
COMMITTEE CHAIRMEN SEE
livestock producers.
(IMF), but not on concessional terms and
BANKRUPTCIES IN THE MEAT IN-
It is the desire of our Committees to do
while it won $200 million in immediate re-
DUSTRY, LEADING TO CONSUMER
anything within our power to assist our live-
lief on oil payments to Iran, the money still
SHORTAGES
stock producers. However, if we are to move
has to be paid with interest, within five
quickly and if we are to achieve a solution
years. With exports doubling to five billion
Mr. TALMADGE. Mr. President; today
that will be helpful to the livestock producers
dollars since 1972, imports expected to make
Congressman W. R. "BoB POAGE of Texas,
and to the nation, we will need the support
Games Congress Plays
NY Times 3/1/74
P28
REPRINTED FROM THE LOS ANGELES TIMES, SUNDAY, MARCH 10, 1974
Copyright © 1974 Los Angeles Times
U.S. JUDGES
HARD TO GET; PAY CITED
BY LINDA MATHEWS
Times Staff Writer
THE PHILADELPHIA INQUIRER
February 28, 1974
Inflation hits officials, too
JUDICATURE. - November 1974
Money was among the main motives for the
Four of the five resigned judges returned to
resignations of five federal district judges this
lucrative private sector. Cancio currently
year, although too much travel and a too-
serves the ad hoc committee of the Common-
cavalier Congressional attitude toward court
wealth of Puerto Rico and could not be
needs also figured high on the list of judicial
reached by telephone. Smith, 50, joined the
frustrations.¹ Five federal resignations in one
Atlanta, Ga., law firm of Alston, Miller &
year, according to Chief Justice Burger, sets
Gaines. The firm sprawls over six pages in the
a 100-year record.
Martindale Hubbel Law Directory and lists
The monetary/lobbying problems of the
the following representative clients: Aetna
federal judiciary parallel the frustrations of
Life Insurance Company; American Oil Co.;
the state and local judiciary who make even
Atlanta Braves, Inc.; and Eastman Kodak,
less money. However, many of these non-fed-
among others. Salary "wasn't the sole consid-
eral judges received $5,000 raises this year.
eration" for Smith. He hadn't had a vacation
The 497 active federal district judges are
in three years; he couldn't get a clear direc-
appointed for life, retire on full salary and
tion from the appellate courts, particularly
currently receive $40,000. They would have
with respect to civil rights cases;2 and the
received a $10,000 pay raise pro rated over
backlog kept building-"it doubled last year in
three years, if the Senate, led by majority
spite of everybody just killing themselves
leader Mike Mansfield, D Montana, had not
down there," Smith said. On top of that, Con-
killed the bill in March by a vote of 71 to 26.
gress was alternately deaf and cavalier to the
The five district judges who resigned are:
desperate need for more federal judges. So,
Hiram Cancio, 54, eight years as United States
Smith resigned. It took eight and one-half
District Judge for the Territory of Puerto
months to appoint his successor.
Rico, resignation effective January 31, 1974;
Middlebrooks, 48, joined the 14-man Pensa-
Sidney O. Smith, 50, nine years service as a
cola law firm of Levin, Warfield, Middle-
federal district judge and former Chief
brooks, Graff, Mabie, Rosenbloum, & Magie,
Judge of the United States District Court for
P.A. Money wasn't Middlebrooks' reason for
effective June 1, 1974; David L. Middle-
resigning-he didn't like spending three
brooks, Jr., 48, four years service as United
months at a time away from his family, nor
States District Judge for the Northern District
riding a 375 mile circuit, nor leading the re-
of Florida, resignation effective August 1,
stricted social life of a judge, nor contemplat-
1974; Arnold Bauman, 60, two years as United
ing the prospect of spending the rest of his life
States District Judge for the Southern District
bogged down with administrative agency
of New York, resignation effective August 15,
cases. But Middlebrooks concedes he's making
1974; and Anthony T. Augelli, 72, 12 years
at least $60,000 a year, suggests that men
service as United States District Judge for the
competent to become federal judges can earn
District of New Jersey, resignation effective
$60,000 to $100,000 a year practicing law,
August 31, 1974.
and predicts that many more judges will re-
Otto Kerner, 66, six years service as a judge
sign if inflation's rapid pace continues. Middle-
in the U.S. Court of Appeals, 7th Circuit, Chi-
brooks said his purchasing power declined 40
cago, resigned effective July 22, 1974. But his
per cent during the four years he was in office.
resignation was triggered by criminal convic-
Bauman, 60, joined the Wall Street firm of
tion for conspiracy to assist racing interests
Shearman & Sterling. The firm has offices in
while he was governor of Illinois. He is cur-
rently serving a prison term in Lexington, Ky.
2. Smith, Sidney O., speech, "The cruelest words in the
Kerner's salary as a federal judge was $42,500.
legal language are: "This case is remanded for proceedings
not inconsistent with this opinion,' when neither the trial
judge nor trial counsel can figure out what the opinion
means. At least twice, in my frustration, have taken the li-
1. Miller, Edward B., The Tangled Path to an Adminis-
berty of contacting the appellate judge for direction to be
tratice Judgeship. LABOR LAW JOURNAL, Jan. 1974, Vol. 25,
met with the exclamation, 'Oh, I thought that case would
no. 1, p. 2; deals with similar non-salary frustrations of Na-
be settled after we issued our opinion. Often, regretfully,
tional Labor Relations Board Judges.
they are not."
161
Paris, France, and London, England, and Juris
high caliber men, you've got to offer satisfac-
Doctor, Magazine for the New Lawyer lists it
tory wages." Augelli suggested a 1974 lump
as the second largest law firm in the U.S.³ A
sum raise of $10,000 (to a salary of $50,000 for
senior partner there can expect to earn be-
district judges) would attract that talent.
tween $100,000 and $200,000, said Terry
"When they voted down the raise, I just said
Kramer, staff director of economics, American
the hell with it. I had this offer from General
Bar Association. Bauman's letter of resigna-
Motors, I had something else to go to
tion, written June 6, 1974, hammers on the
As a point of reference, the Chief Justice of
problems of inflation, reduction of real in-
the U.S. Supreme Court now makes $62,500;
come, and the absence of raises. Not even a
the 1974 World Almanac lists the chief execu-
cost-of-living increase was granted to the
tive of General Motors, Richard Gerstenberg,
federal judiciary in the last five years.
at a salary of $875,000.
So, although Bauman intended to serve for
Augelli believes there will be increased res-
life when he was appointed in December 1971
ignations if inflation continues. He describes
by former President Nixon, he reluctantly re-
his colleagues as "a very patient lot of dedi-
signed, writing: "Federal judges do not have
cated men, hoping that someday they'll be
available income from the practice of profes-
justly compensated."
sions or the conduct of business. They do not
The insufficient salary/continuing infla-
assume their office for limited periods antici-
tion/ultimate resignation bind is less acute at
pating their return to private life and its lucra-
the state level. But it is a problem. Small
tive pursuits. As such their problems are
counties have many judicial vacancies because
unique and require special and speedy consid-
it's more profitable to stand and argue before
eration and action. I hope, therefore, that you
the bench than it is to sit on it, argued the
will impress upon the Congress the need for a
1972 Ohio Elected Official and Judicial Com-
prompt solution of this situation." The same
pensation Review Commission. Ohio county
cost-squeeze problems confront state judges.
court judges earn $8,000.
Augelli, 72, is now a judge for General Mo-
Hawaii, after a Judicial Council comparison
tors. He is based in Newark, N.J., and judges
study, proposed a bill to achieve salary parity
disputes between dealers and the company.
between its judges and lawyers. The study
"I'm somewhat like an arbitrator, but not ex-
showed a $13,000 gap between the two pro-
actly," he said. Augelli is blunt and to the
fessions. Circuit judges earn $30,250; the bill
point, peppering his conversation with the un-
proposed salaries of $43,990. However, the
nerving question, "What the hell else do you
bill (H.B. 2758) was defeated and Hawaii
want?" But Augelli will tell you that General
judges received no salary increases. The bill
Motors pays him more than $40,000 a year,
will be reintroduced next year.
that when former President Kennedy appoint-
However, the bench and the bar, represent-
ed him to the federal bench in 1961 (at a sala-
ed by retired Supreme Court Justice Tom C.
ry of $22,500), he paid more in income taxes
Clark and former ABA President, Chesterfield
than he drew in federal salary, and that his
Smith, publicly agree that the threat to judi-
resignation was triggered by the fact that
cial excellence isn't so much from resignations
Congress didn't approve a salary increase.
as in difficulty attracting top flight lawyers to
"It was such a niggardly increase too," Au-
the bench.
gelli said, "$10,000 over three years. That's
"We don't have problems with judges leav-
ridiculous, stupid. But I guess Mansfield's
ing the bench because of low salaries," said
Montana standards are different from metro-
William K. Sahr, secretary-treasurer of the
politan standards.
State Bar of South Dakota, "We have trouble
"There's good judicial material out there
with threats but nobody leaves.
among practicing lawyers, but if you want
"Obviously, higher salaries would bring out
better candidates. The people [contending]
3. Money Talks: Why It Shouts to Some Lawyers and
Whispers to Other," JURIS DOCTOR, January 1972, Vol. 2,
for federal judge here are, generally speaking,
no. 4, p. 54.
a better class than those running for the lower
162 Judicature/Volume 58, -Number 4/Nocember, 1974
salaried state positions." The chief justice
tices and for judges of trial courts of unlimited
of the South Dakota Supreme Court earns
jurisdiction, thus qualifying the seemingly as-
$29,000; associates earn $28,000. Judges of
tronomical effect of the clause. Tennessee
South Dakota's general trial court are paid
ranked 50th in general trial court salaries in
$26,000.
1972 and ranks 25th today; similarly, it ranked
These statistics place South Dakota below
43rd in terms of appellate court salaries in
the national average salaries for supreme
1972 and ranks 17th today.
court associate justices and general trial court
In 1971 Tennessee obtained legislative ap-
judges. Those averages are: $36,117.06 for as-
proval for base salaries (containing $6,000
sociate supreme court justices and $32,484.80
raises for supreme court associates and $7,500
for general trial court judges. These figures
raises for general trial court judges) which
are up from the $30,316.46 and $27,518.82 re-
were to be made effective three years later,
ported in the 1972 American Judicature Soci-
plus a provision that these base salaries would
ety Salary Survey.
be augmented by a three-year accumulated
The 1974 survey shows the average pay
increment based on the per capita income of
check of both general trial court judges and
Tennessee citizens.
supreme court justices jumped by $5,000 or
The three year increment totalled 28 per
more; 23 states awarded such raises to their
cent and the legislature has now changed the
general trial courts, 26 made such awards to
formula for annual adjustment from the per
their associate supreme court justices. How-
capita income figures to the Consumer Price
ever, inflation punctured the pleasure of this
Index figures of the Department of Labor.
pay increase, since most judges cannot count
These annual adjustments will be made on
on automatic annual salary reviews as can their
July 1 of each year, reports T. Mack Black-
counterparts in the private sector. Only five
burn, executive secretary of the Supreme
states-California, Maryland, Massachusetts,
Court of Tennessee.
Pennsylvania, and Tennessee-have automatic
California adjusted its judicial salaries via
cost-of-living salary clauses based on per
the Consumer Price Index on Sept. 1, 1974.
capita income and/or the consumer price
The change in each judge's salary amounted
index. Wisconsin has a more limited, negotia-
to about $3,000. But when using this figure as
ble clause, § 16.085. Many more states have
a point of reference, one must remember that
cost of living provisions in their retirement
California salaries were already at the $35,000
plans. (See summary table of retirement plans
to $50,000 level. Naturally, a fixed percentage
on page 197). Citations to the five floating
of a high salary will yield a greater adjustment
salary statutes are as follows: California, Gov.
than the same percentage applied to a lower
Code Ann. §§ 68203; implemented Sept. 1,
salary.
1968, 2B Maryland Code, Art 26 § 47, Salaries
Those who favor escalator clauses have an
of Judges, p. 576, implemented July 1, 1972;
ally in Milton Friedman, University of Chica-
Mass. General Laws Ann. ch. 30 § 46, imple-
go economist and Newsweek columnist. In the
mented in 1973; Pennsylvania S.B. No. 1651 §
July 1974 issue of Fortune, "Using Escalators
1(a) introduced April 23, 1974; and 3 Tenn.
to Help Fight Inflation," Friedman explains
Code Ann. ch. 23, Compensation of State
his support of indexation. However, he does
Officers and Employees, § 8-2303, pp. 281-
qualify his support of escalators, stating:
282, implemented July 1, 1974.
Escalator clauses are not a good thing in and of
The effect of these cost-of-living clauses is
themselves. They are simply a lesser evil than a
significant. Tennessee's statute resulted in a
badly managed money. The widespread use of es-
$14,400 increase for associate supreme court
calator clauses would not by itself either increase
justices and a $14,500 increase for general
or decrease the rate of inflation. But
it
would
trial court judges between the 1972 and the
reduce the adverse side effects that effective mea-
sures to end inflation would have on output and
1974 salary surveys. Caution: the statute
employment.
raised base salaries by $6,000 and $7,500 re-
spectively, for associate supreme court jus-
The Sept. 7 issue of Business Week reports
163
SACRAMENTO BEE - March 15, 1974
Playing Fair On Federal Pay Raises
NY TIMES
Monday, March 18
1974 - Page 19
MORE PAY SOUGHT
FOR U.S. JUDGES
Lawyers Forming Citizens
Group to Push Congress
By WARREN WEAVER Jr.
Special to The New York Times
A CASE
FOR AN IMMEDIATE
SALARY INCREASE
FOR
FEDERAL JUDGES
A STUDY PREPARED FOR THE JUDICIAL CONFERENCE
COMMITTEE ON JUDICIAL COMPENSATION
FACTS RELATIVE TO PRESENT STATUS OF JUDICIAL SALARIES
UNDER THE POSTAL REVENUES AND FEDERAL SALARY ACT
OF DECEMBER 16, 1967
Salaries of Justices and judges of the United States
federal courts have been frozen since March 1969 at $40,000
for judges of the district courts, $42,500 for judges of the
courts of appeals and $60,000 for Associate Justices of the
Supreme Court.
The Consumer Price Index has increased 42 percent from
March 1969 through September 1974, and is projected to increase
to 48 percent by March 1975. 1 The freeze on judicial salaries,
coupled with the escalating inflationary spiral (Consumer Price
Index), has reduced judicial purchasing power by 32 percent. 2
It must be recognized that judges have lost purchasing
power each year since March 1969. This has resulted in a
cumulative loss of $53,480 for district judges and $56,830
for circuit judges. 3 Even if the 1969 purchasing power of
judicial salaries is restored, these losses will never be
recovered.
In contrast, General Schedule federal employees have
received 38.1 percent comparability pay increases during this
same period of time. 4 The inequitable and discriminatory
result of freezing judicial salaries for five years, while
annually raising the salaries of General Schedule employees,
is further accentuated by the fact that in addition, these
federal employees have also received step increases, mandated
under the grade system, that have been calculated at 14.2
percent when considered with the comparability increases on
these step increases. Thus, the aggregate pay increase since
1969 for an average federal employee is calculated to be 52.3
percent, excluding improvements in fringe benefits. If federal
judges had received the same increases, the current salaries
would be: district judges--$60,920; court of appeals judges--
$64,728; and, Associate Justices of the Supreme Court--$91,380.
Furthermore, the salaries set for judges, congressmen
and executive appointees in 1969 were lower than recommended
by the Salary Commission. Yet it can be argued. the Salary
FORD
1. Appendix A
2. Appendix B
3. Appendix C
4. Appendix D
-3-
-2-
12.1 percent in the courts of appeals. These improvements
Commission's carefully considered proposal represented an
occurred during a period when filings increased 36 percent
equitable pay relationship between judicial, legislative
and what have been classified as "difficult cases" increased
and executive salaries and positions classified under the
300.8 percent. 8 Thus, it is apparent that in 1974 federal
General Schedule. If this relationship presently prevailed,
judges are doing more work and doing it more efficiently
the salaries of Justices would have to be fixed at $98,995,
than they did in 1968. Moreover, even with their greater
those of circuit judges at $76,150, and district judges at
workload, it is evident that federal judges are performing
$72,343. It should be noted that these increased salaries
at a level of quality as high or higher than ever.
would merely 5 restore the level of purchasing power experienced
in 1969.
It is worth noting that as increased efficiency has
been taking place in the federal judicial system the
While federal judicial salaries have remained unchanged
percentage cost of the courts when compared with the cost
since March 1969, salaries of state chief judges have increased
of operating the government as a whole has steadily declined. 9
44.2 percent. 6 Until recently, federal judicial salaries have
been higher than top salaries in almost all state systems;
One should take note of the fact that legislative and
however, this pattern is changing. Whereas in 1969 there was
executive salaries, like judicial salaries, have not increased
only one state (New York) in which judges were paid more than
since March 1969. The same losses in purchasing power through
a United States district judge, there are now twenty states
inflation apply to them. In addition, because top level
compensating judges at rates equal to or in excess of the
executive salaries have not increased since 1969, whereas
pay of federal district court judges.
General Schedule salaries have, there is a ceiling compression
at the upper end of the salary scale. Over 15,000 federal
Attorneys' salaries, as surveyed by the United States
executives have salaries below those to which the General
Department of Labor, have risen 43.9 percent since 1969,
Schedule would normally entitle them.
while salaries of federal judges have not risen at all.
Economic considerations, fairness and concern for the
Thus, federal judges have been unjustly treated in
quality of the Judiciary warrant a federal judicial salary
comparison with General Schedule federal employees. They
increase of not less than 50 percent. Similar arguments
also have not been permitted to keep pace with their brethren
apply to Congress and Executive appointees. The magnitude
on the bench in state systems or with private practitioners.
of the recent increases in the consumer price index underscores
the need to adjust executive, legislative and judicial salaries
While judicial salaries have been frozen, top officials
on an annual basis to preclude the undue erosion of their
in the private sector of our economy have received salary
income.
increases averaging 59.8 percent. 7
Such disparities have given impetus to the rise in
resignations of federal judges and to reduced morale within
the Federal Judiciary. An unprecedented seven federal district
judges have resigned since November 1973. If a significant
salary increase is not made, many other judges now in their
prime, who desire to continue in the Judiciary, may also feel
forced to return to private practice, at a serious loss to
the ranks of the Federal Judiciary.
Another relevant consideration is the increased efficiency
and productivity of the Judiciary. The average overall increase
in case terminations per judgeship is 29.5 percent for the
period 1968-1974. The mean processing time for civil cases
has dropped 10 percent in the federal district courts and
8. Difficult cases are those taking at least twice as much
judicial time as the average case.
9. Appendix H
5. Appendix E
6. Appendix F
7. Appendix G
APPENDIX A
CONSUMER PRICE INDEX
(1967 = 100)
AVERAGE ANNUAL
GROWTH RATE
160
14
12.1%
140
12
10
Percent
8
6.3%
6
120
4
2
1.9%
0
1951 to
1969 to
1974
1969
1974
100
CONSUMER PRICE INDEX
(1967 100)
80
After years of inching ahead, the Consumer Price Index, in 1968 turned
sharply upward to an unparalleled growth in 1973 and 1974. The in-
crease for the most recent twelve months is greater than the increase
60
for the total 8 year period from 1951 to 1959!
40
20
0
1951
1952
1953
1954
1955
1956
1957
1958
1959
1960
1961
1962
1963
1964
1965
1966
1967
1968
1969
1970
1971
1972
1973
(Oct) 1974
APPENDIX B
LOSS IN THE PURCHASING POWER
OF CIRCUIT AND DISTRICT JUDGES'
SALARIES SINCE 1969
LOSS: 32%
APPENDIX c
COMPUTATION OF SALARY LOSS FOR
DISTRICT AND CIRCUIT JUDGES
1969 TO 1975
Salary Adjusted by Consumer Price Index
District Judge
Circuit Judge
March 1
CPI¹
Annual
Cumulative
Annual
Cumulative
1969
100.0%
$40,000
$
...
$42,500
$
...
1970
106.3
42,520
2,520
45,180
2,680
1971
111.5
44,600
4,600
47,390
4,890
1972
115.6
46,240
6,240
49,130
6,630
1973
120.1
48,040
8,040
51,040
8,540
1974
132.2
52,880
12,880
56,190
13,690
1975
148.0²
59,200
19,200
62,900
20,400
Cumulative Salary Loss
$53,480
$56,830
¹March 1, 1969 = 100.
²Projected at 12% based on current trend.
This tabulation shows the cumulative loss of earnings to
judges since March 1969, had their salaries increased com-
mensurate with Consumer Price Index increases instead of
remaining frozen.
APPENDIX D
Projected Salaries, If Same
GENERAL SCHEDULE PAY INCREASES
Increases Had Been Granted To Judges
(1)
(2)
(3)
(4)
Effective
Percentage
Salary
Date
Increase
GS-15, Step 4
Circuit Judge
District Judge
July 14, 1969
$23,749
$42,500*
$40,000*
Dec. 27, 1969**
6.0%
25,174
45,050
42,400
Jan. 11, 1971
6.0%
26,675
47,753
44,944
Jan. 10, 1972
5.5%
28,142
50,379
47,416
Jan. 8, 1973
5.1%
29,589
52,948
49,834
Oct. 1, 1973
4.8%
31,089
55,649
52,376
Oct. 1, 1974
5.5%
32,800
58,709
55,256
Cumulative total
38.1%
Cumulative loss thru 1974
$36,6681
$34,5121
Projections²
Oct. 1975
7.5%
35,260
63,112
59,400
Oct. 1976
7.5%
37,905
67,845
63,855
Oct. 1977
7.5%
40,748
72,933
68,644
Cumulative Increase³
1974 over 1969
38.1%
9,051
16,209
15,256
1975 over 1969
48.5%
11,511
20,612
19,400
1976 over 1969
59.6%
14,156
25,345
23,855
1977 over 1969
70.0%
16,969
30,433
28,644
* Effective March 1, 1969
** Approved April 15, 1970, retroactive to Dec. 27, 1969
1 These cumulative losses are the total dollars not received by the judges since 1969, because they
did not receive the annual increases each year which were received by employees in the General
Schedule. The $34,512 total for district judges, for example, reflects the total not received by
those judges since 1969 -- first, the $2,400 increase indicated for them by the 6% increase awarded
to the General Schedule employees on December 27, 1969 And this $2,400 loss was experienced for
4 3/4 years from December 27, 1969 to October 1, 1974. Secondly, the next increase, granted on
January 11, 1971, was lost to the district judges for a 3 3/4 year period, beginning with the year
1971, etc.
2 Based on current and projected levels of the Consumer Price Index which has reached double digit
annual growth proportions.
3
It should be clearly understood that the percentages shown in this portion of the table are those
reflecting the total increase over the period of years shown. Because of the "compounding effect,"
any particular cumulative percentage increase will exceed the sum of the individual annual
percentage increases during the period covered.
APPENDIX E-I
JUDICIAL SALARIES LESS FEDERAL 1 INCOME TAXES
IN TERMS OF 1969 DOLLARS
1969
1974
Recommended
Associate Justice-Supreme
Court:
Salary
$60,000
$60,000
$98,995
Federal Tax?
17,860
17,560
36,875
Remainder after Taxes.
$42,140
$42,440
$62,120
Remainder in 1969
Dollars
$42,140
$28,676
$41,973
Judges of Courts of Appeals,
Court of Claims, and
Court of Customs and
Patent Appeals:
Salary
$42,500
$42,500
$76,150
Federal Tax
10,277
10,025
25,264
Remainder after Taxes.
$32,223
$32,475
$50,886
Remainder in 1969
Dollars
$32,223
$21,943
$34,382
District Court Judges:
Salary
$40,000
$40,000
$72,343
Federal Tax
9,332
9,080
23,418
Remainder after Taxes.
$30,668
$30,920
$48,925
Remainder in 1969
Dollars
$30,668
$20,892
$33,057
1 No provision has been made for State or Local
Income Taxes because of varying rates.
2 Based on family of four and standard deduction.
The first two columns show the net erosion in purchasing power
as a result of judges' salaries being frozen since 1969. For
example, the $60,000 salary for an Associate Justice in 1969
translated into purchasing power (after taxes) of $42,140.
This same salary is now worth $28,676 in purchasing power
a
reduction of 32%. Column 3 reflects the recommended salary of
$98,995, which while appearing at first blush to be a substantial
salary increase, yields $41,973 of purchasing power less than
the 1969 purchasing power of Associate Justices. Thus, even a
65% increase in salary does not enable the Associate Justice to
stay abreast of the inflationary spiral since 1969. The follow-
ing three charts depict these in graphic form.
APPENDIX E-2
PURCHASING POWER of
ASSOCIATE JUSTICES SALARIES
AFTER TAX IN 1969 DOLLARS
100
1969
90
1974
RECOMMENDED
80
70
60
$ (000)
50
40
30
20
10
0
Salary
Salary Less Tax
Purchasing Power of Salary
After Tax in 1969 Dollars
Although the first set of bar-graphs suggests a quantum increase
in salary, the true picture is set forth in the last set of bar-
graphs which show purchasing power easing slightly despite the
large salary increase.
APPENDIX E-3
PURCHASING POWER of
COURTS OF APPEALS JUDGES' SALARIES
AFTER TAX IN 1969 DOLLARS
80
1969
70
1974
RECOMMENDED
60
50
$ (000)
40
30
20
10
0
Salary
Salary Less Tax
Purchasing Power of Salary
After Tax in 1969 Dollars
569-534 75 2
APPENDIX E-4
PURCHASING POWER of
DISTRICT COURT JUDGES' SALARIES
AFTER TAX IN 1969 DOLLARS
80
1969
70
1974
RECOMMENDED
60
50
$ (000)
40
30
20
10
0
Salary
Salary Less Tax
Purchasing Power of Salary
After Tax in 1969 Dollars
APPENDIX F
GROWTH OF STATE SALARIES FOR CHIEF JUDGES
1969 - 1974
Salary of Chief Judge
Salary of Chief Judge
State
1969
1974
Increase
State
1969
1974
Increase
Alabama
$
19,500
$
33,500
$ 14,000
Nebraska
$
20,500
$
35,000
$ 14,500
Alaska
27,000
44,000
17,000
Nevada
22,000
35,000
13,000
Arizona
23,500
37,000
13,500
New Hampshire
26,000
34,008
8,008
Arkansas
22,500
30,000
7,500
New Jersey
32,000
50,000
18,000
California
34,000
54,841
20,841
New Mexico
21,000
29,500
8,500
Colorado
22,500
37,500
15,000
New York
42,000
63,143
21,143
Connecticut
33,000
40,000
7,000
North Carolina
28,000
39,000
11,000
Delaware
25,000
42,500
17,500
North Dakota
18,500
28,500
10,000
Florida
34,000
40,000
6,000
Ohio
32,000
43,500
11,500
Georgia
26,500
40,000
13,500
Oklahoma
22,500
30,000
7,500
Hawaii
28,000
33,880
5,880
Oregon
23,500
32,000
8,500
Idaho
20,000
30,000
10,000
Pennsylvania
38,000
52,000
14,000
Illinois
37,500
42,500
5,000
Rhode Island
26,000
34,000
8,000
Indiana
22,500
29,500
7,000
South Carolina
25,000
41,730
16,730
Iowa
22,000
34,000
12,000
South Dakota
20,500
29,000
8,500
Kansas
22,500
35,000
12,500
Tennessee
25,000
41,600
16,600
Kentucky
26,000
31,500
5,500
Texas
27,000
40,500
13,500
Louisiana
27,500
37,500
10,000
Utah
17,000
24,000
7,000
Maine
21,500
27,500
6,000
Vermont
22,000
31,400
9,400
Maryland
33,000
43,800
10,800
Virginia
24,200
41,300
17,100
Massachusetts.
30,800
42,236
11,436
Washington
27,500
34,825
7,325
Michigan
35,000
42,000
7,000
West Virginia.
22,500
32,500
10,000
Minnesota
27,000
40,000
13,000
Wisconsin
25,000
44,292
19,292
Mississippi
20,000
35,000
15,000
Wyoming
16,500
30,000
13,500
Missouri
26,500
31,500
5,000
Montana
18,500
28,000
9,500
Total
$1,290,000
$1,860,055
$570,055
Average
$
25,800
$
37,201
$ 11,401
% Increase
44.2%
APPENDIX G
THE 15 HIGHEST PAID U.S. EXECUTIVES IN 1973 AND 1968
1973 Total
1968 Total
U. S. GOVERNMENT PRINTING OFFICE 1975 O 569-534
Individual
Individual
Compensation
Compensation
1. Paul B. Hofmann, Former Chairman - Johnson & Johnson
$ 978,000
$ 532,077
2. Richard C. Gerstenberg, Chairman - General Motors
938,000
(James M. Roche, Chairman 1968) - General Motors
652,500
3. Henry Ford II, Chairman
- Ford
878,746
600,000
4. Lee A. Iacocca, President
- Ford
878,746
445,000
5. Edward N. Cole, President
- General Motors
846,500
588,750
6. Harold S. Geneen, Chairman
- ITT
814,299
559,820
7. Thomas A. Murphy, Vice-Chairman - General Motors
776,125
(George Russell, Vice-Chairman 1968) - General Motors
588,750
8. Lynn A. Townsend, Chairman
- Chrysler
683,600
630,700
9. Richard B. Sellars, Chairman
- Johnson & Johnson
678,968
(Gustav Lienhard, President 1968) - Johnson & Johnson
458,554
10. John K. Jamieson, Chairman
- Exxon
620,766
335,000
11. John J. Riccardo, President
- Chrysler
590,987
317,900
12. William F. Laporte, Chairman
- American Home Products
540,409
171,400
13. Rawleigh Warner, Jr., Chairman
- Mobil Oil
530,009
300,000
14. Robert W. Sarnoff, Chairman
- RCA
525,000
290,000
15. C. Peter McColough, Chairman
- Xerox
506,461
276,630
TOTAL SALARY
$10,786,616
$6,747,081
(Percentage change from 1968 - 59.8%)
APPENDIX H
GROWTH IN COST OF SUPPORT OF U.S. COURTS
AS COMPARED TO U.S. GOVERNMENT
1900 1975
U.S. Courts
Expenditures For
As A % Of
Year
U.S. Courts
Government As A Whole
Government
1900
$ 2,392,574
$ 520,860,847
0.5 %
1930
8,878,199
3,641,944,364
0.25
1940
10,419,062
9,127,373,806
0.11
1950
23,967,360
40,155,799,714
0.06
1960
49,363,000
92,200,000,000
0.05
1970
132,385,000
196,600,000,000
0.07
1974
190,765,455
268,300,000,000
0.07
1975
235,092,000 (Est.) 1
304,400,000,000 (Est.)
0.08
The cost of the support of the United States Courts has increased
from $2,392,574 for 1900 to $235,092,000 in 1975. At the same time
expenditures for the Government as a whole have grown from
$520,860,847 to $304,400,000,000. Thus, though the cost of the
courts has increased absolutely, relative to the cost of the support
of the Government as a whole it has greatly decreased. Expenditures
for United States Courts in 1900 represented one-half of 1 percent
of the cost of the support of the Government as a whole. The U.S.
Courts share declined to about one-thirteenth of 1 percent for 1975.
1 For comparability purposes, excludes appropriations transferred
from General Services Administration in 1975 for "Space and
Facilities" and "Furniture and Furnishings".