Judicial Pay: A New Study

Nothing binds judges  more than the common quest for reasonable compensation. There is a very interesting new study on the issue: 

HOW MUCH SHOULD JUDGES BE PAID? AN EMPIRICAL STUDY ON THE EFFECT OF JUDICIAL PAY ON THE STATE BENCH

James M. Anderson & Eric Helland*

How much should judges be paid? We first survey the considerable history of the debate and identify the implicit causal claims made about the effect of judi- cial pay. We find that claims about the effect of pay on the composition and quali- ty of the judiciary have remained remarkably similar over the past two hundred years. In contrast, claims about the effect of pay on judicial independence have changed as the meaning of judicial independence itself has shifted. We take ad- vantage of the large variation in real salaries and opportunity costs for state ap- pellate court judges across states from 1977 to 2007 to empirically test these claims. We find that judicial salaries have a small but significant effect on the likelihood of exit and thus the length of judicial tenure, and a small effect on the background of judges that join the appellate bench. A more limited analysis of California trial court judges finds far more sensitivity to pay, however, suggest- ing that trial and appellate court judges may behave differently.   To read the entire artcle see: 

 

http://www.stanfordlawreview.org/sites/default/files/Anderson-Helland-64-Stan-L-Rev-1277.pdf

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