e-journal
Are Judges Overpaid? A Skeptical Response to the Judicial Sa lary Debate
Abstract
The public debate over the need to raise judicial salaries has been one-sided. Sentiment
appears to be that judges are underpaid. But neither theory nor evidence
provides much support for this view. The primary argument being made in favor
of a pay increase is that it will raise the quality of judging. Theory suggests that
increasing judicial salaries will improve judicial performance only if judges can be
sanctioned for performing inadequately or if the appointments process reliably
screens out low-ability candidates. However, federal judges and many state judges
cannot be sanctioned, and the reliability of screening processes is open to question.
An empirical study of the high court judges of the fifty states provides little
evidence that raising salaries would improve judicial performance.
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