The New Year’s Day lament from Chief Justice William Rehnquist was familiar: Federal judges are not paid enough, and Congress needs to do something about it.
But in describing the negative impact of low judicial salaries, Rehnquist made a fresh and even surprising new argument. He claimed that the pay situation was shifting the pool of potential judges away from private practitioners and more toward bankruptcy judges, magistrates, state court judges and even prosecutors and public defenders — for whom a district or appellate judgeship would represent a raise in pay.
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