Maryland’s 284 judges are in desperate need of a raise, Court of Appeals Judge Clayton Greene Jr. told the House Appropriations Committee Tuesday.
Greene testified in support of a resolution to raise all judicial salaries by $29,000 over the next four years — up to 23% for some by 2016 — and said increases were needed to keep top talent on the bench.
“If you adjust for judge’s salaries by the cost of living index, Maryland ranks 43rd in the nation,” said Greene.
Greene said the private sector and judiciaries in Delaware, D.C., Virginia, and Pennsylvania lure away talent with higher pay. He said many judges with college-bound kids consider the private sector because of looming tuition bills.
“It’s not fair, nor it is a way to run a judiciary,” Greene said. “I’m suggesting we pay them a more reasonable salary. Even a cost of living increase every two years would be better than what we have now.”
Maryland judges last received a raise in 2006. Under the current resolution, salaries will remain at the current level for fiscal 2013, then increase 23% by 2016. The legislature has 50 days to reject or amend the resolution or the increases are automatic.
The legislature rejected the recommended pay hikes in 2009 and 2010, years in which state employees got temporary pay cuts through furloughs.
The increase will cost Maryland taxpayers $14 million, according to the fiscal note from the Department of Legislative Services. District Court judges would see an increase from $127,000 to $156,000 by 2016. A chief judge on the Court of Appeals would jump from $180,000 to $210,000.
Elizabeth Buck, chair of the Judicial Compensation Committee, said a study conducted by the commission showed first year lawyers can command up to $160,000 from firms in the Baltimore-Washington region. A chief judge in the Court of Special Appeals earns $153,000.
Lack of applicants from private sector
The past president of the Maryland State Bar Association, Cornelius Helfrich, expressed concern about the quality of applicants and their backgrounds. He lamented to the committee that the majority of new applicants come from existing government pools and lack the “leavening effect” that comes from private sector experience.
“There is a noticeable increase in government employees applying for consideration as a judge,” said Helfrich, who’s been in private practice for 45 years. “That’s a troubling trend. They’ve never made a payroll or had a client who was threatening to sue them. “
Helfrich said the applicant pool should come from private and public sector backgrounds.
Greene told the committee that the judiciary had an average age of 50. Judges can retire at 60 after 16 years of service.
“More and more judges will leave the bench unless they are assured their pay will not be stagnant if the stay on,” Greene said.
Del. Mary Washington, D-Baltimore City, agreed that compensation for judges was important, but she took issue with Greene and Helfrich that salary was the only tool to attract top talent. She said graduates from top universities work for public interest groups at significantly less pay.
“Their salaries come nowhere near $140,000 a year,” Washington said. “These are excellent people who’ve made a choice.”
By Daniel Menefee
Warrior Bob Kramer says
I’m searching for something different and clever to say… but…
This is nuts!!! If I were a squirrel, then Maryland would be Heaven. But… alas, I’m not… and global warming seems to alive and well in Maryland… because it sure seems to be getting a little hotter each time these folks dig deeper into our pockets.
LJ Burgess says
But what hidden value are the perks of the post…perks like sitting for a case of recklessly endangering a gingerbread house with a surplus Stinger missile? I’d pay to judge that case.
don sparks says
Doesn’t this sound very familiar? Big business says they have to pay high bonuses to retain the best and brightest …and the government now has to do the very same thing, but not with their money, but with our money! What a crock of crap, but welcome to the free state! When is enough ,enough!DO THESE FOLKS HAVE ANY CONSCIOUS!
Michael Troup says
@Don – “Retention bonuses.” Believable with 4% unemployment. 10%? Not so much.
@WBK – I know how you feel. There are a lot of avenues to take. You want to get into the whole notion that the government won’t go sans judges.
– And if people do leave for higher paying private sector jobs, then don’t you want judges whose minds aren’t elsewhere?
-And don’t judges have to be confirmed? It’s not like some Sarbanes-Oxley driven review of an auditing firm finding that the auditors at firm XYZ haven’t fulfilled their CPE requirements in two years. The vetting gets done on the front end.
-And what is a good judge anyway? How many sitting judges are good judges that warrant becoming some type of protected species? How many of these good judges have had higher courts overturn them? It would seem that in those cases, peer review revealed them to be bad judges.
Joe Diamond says
Need to look further
“Elizabeth Buck, chair of the Judicial Compensation Committee, said a study conducted by the commission showed first year lawyers can command up to $160,000 from firms in the Baltimore-Washington region. A chief judge in the Court of Special Appeals earns $153,000.”
But I find other sources that point out that only 30% of law school graduates end up working anywhere in law…ever. That term “up to” has to reflect many rare cases followed by a herd of not so impressive first year positions.
How about examining the need for a judge in every case? We see a judge in traffic court pronouncing sentence on speeders. I think every court has examples of low level cases that can be resolved by clerks….cheaper clerks…. with computer enhanced law precedent capabilities.
Where is it written that the best and the brightest are required to settle most cases? Let the best and the brightest read appeals
Joe
Warrior Bob Kramer says
@ Monsieur Troup’er
IF a judge became a judge… and didn’t realize that perhaps if they worked long and hard that they could make more money in private practice… then I question their ability to make any kind of sound judgements to begin with.
Like baseball where the best hitters don’t always make the best hitting instructors… the best and highest paid lawyers don’t always make the best judges. They’re special folks… like teachers, nurses, police, firefighters and the military. But when they want to be be paid like the private sector, then let’s treat them like private sector folks… and you know where that path leads.
Joe Diamond says
All Right,
There is always something else!……………….Independent Judiciary. In order to get fair and unbiased (bribed) judges they must have enough financial support that they do not need other income.
IF you return to a situation where judges and cops get paid for results. . .$$$$$$
I gotta tink!
Joe
Michael Troup says
Joe – You’re describing character flaws which exist regardless of income. Bernie Madoff was rich before he ever bilked his first dollar. Judges are ususally well off from whatever private venture they started in, so any bad judge isn’t bad as a result of their pay or lack thereof.
Joe Diamond says
Michael,
You are correct. If you make the assumption that judges cannot be bought because they have enough income there are still the other factors. Political alignments, personal relationships………..forces for bias beyond money…….anything that would influence judicial decisions except application of the law. My thought was that the money would go further if the more pedestrian cases be handled administratively It still comes back to how much is the proper amount to attract and keep honest, competent judges.
Thinking,
Joe
Jack Offett says
The Commission is statutorily charged to report ever so often. That it would report the need for pay raises is not shocking. That judges at all levels look down on each other is. That judges need more money is even more shocking. They get 5 weeks of paid plus the 11 that ever other government employee gets. Most private sector judges have saved up before they apply. The former government attorneys are getting huge (30 percent plus). It concerns me when folks like Judge Greene complains. I don’t believe he has ever had a real job (meaning not a check from the government). He is a bad spokesman for needy judges.