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Before I discuss this topic, I want to make it clear that while I would personally appreciate a raise, the issue is much larger than just any one judge. The bottom line on judicial compensation is that the Texas judiciary will steadily decline in the quality of its judges if the pay continues its downward spiral -- downward in comparison not only to other large and progressive states, but also in comparison even to the average salary of a 10-year lawyer.
Unlike many occupations where a person can go into public service for a short period and return to their profession, when a lawyer makes the move to the bench it then is quite troublesome to return to private practice. True, many go into mediation, sit as assigned judges (back when that was possible), become "of counsel" to a large firm, or just fully retire but all of those transitions are difficult and may be economically devastating.
Thus, the lawyer's transition to the bench ought to be one that is economically feasible. Every judge goes onto the bench knowing that an economic sacrifice is being made. The motivation, unless borne of a higher political motivation, is usually simply a desire for public service. At least that is the genesis of my move and that of many judges with whom I've become acquainted across the state and nation. But even with that motivation, the economics must be feasible for the individual although it is known that it won't be truly rewarding.
When good lawyers simply cannot afford financially to go on the bench, we won't have good lawyers doing so.
The Texas Legislature is meeting and recommendations have been made for substantial increases in judicial pay. This is a good sign, but with financing of public education, CPS issues and a deplorable mental health system there remains substantial competition for scarce dollars. The good thing about the judiciary in America is that it is an independent one, but the dependence on the largesse of the legislature for funding is problematic at best.
If you want to know more about the analysis of the numbers in this topic, click on the attached file link below. It is a powerpoint presentation converted into PDF format.
| Attachment | Size |
|---|---|
| judicial_sal_ppt.pdf | 125 KB |