ILNews

Federal Circuit hears judges' pay case

Back to TopCommentsE-mailPrintBookmark and Share

A federal appellate court heard arguments Friday in a case that could ultimately decide if Congress has the authority to withhold judicial pay increases as it’s done in the past or whether cost-of-living adjustments are required.

The case of Peter H. Beer, et al. v. U.S., No. 09-1395, is before a Federal Circuit Court of Appeals panel, after the Supreme Court of the United States in June remanded the class-action lawsuit to decide a procedural question about preclusion and the notice requirements involved in class certification.

While the case is about judicial pay, those merits weren't considered Friday. Instead, the panel is currently weighing whether the case should be allowed to proceed.

Eight current and former federal judges from U.S. courts nationwide claimed that Congress in 1989 promised cost-of-living adjustments but failed to deliver them several times during the past two decades. They argue that failure equates to an unconstitutional diminishment of judicial pay. The American Bar Association urged the SCOTUS to take the case because it views the continued diminution of judicial salaries as a danger to the judiciary’s independence and quality of work.

In January 2010, the Federal Circuit affirmed a 2009 ruling by the U.S. Court of Federal Claims, which had dismissed the case after holding the judges’ lawsuit was controlled by a 2001 case that rejected the same argument. After the plaintiffs asked the SCOTUS to take the case, the government opposed the request and argued that the judges’ claims depend on an interpretation of the Constitution’s compensation clause that the Federal Circuit had rejected in the 2001 case.

The SCOTUS ordered the Federal Circuit reconsider that issue, and that was the focus of Friday’s arguments.

The judges focused on the actual notice requirements in the class certification rules and how caselaw, even the most recent SCOTUS decision in Wal-Mart Stores Inc. v. Dukes, 131 S. Ct. 2541 (2011), factored into this set of circumstances.

At its heart, the case is about whether money-focused requests for relief require specific notice to class members who weren’t a part of the 2001 case or whether they are precluded from filing a new suit even if they didn’t know about the 2001 ruling. Some of the questions focused on whether actual notice is required.

Attorney Chris Landau with Kirkland & Ellis in Washington, D.C., argued on behalf of the plaintiffs, saying that this case comes down to due process. He said the court has an obligation to look after those absent class members to make sure they have adequate notice of the class-action requirements.

“This is kind of due process 101,” he said. “You can’t tell people, ‘Guess what… you can’t bring a lawsuit about your pay'… it’s hard to imagine a more classic monetary judgment matter than your pay.”

But Assistant Attorney General Tony West argued that the lower court’s judgment should be upheld because the plaintiffs in this case were bound by the 2001 decision rejecting the argument they’re making now.

“This case presents a lot of open questions that can be litigated, at least at the Supreme Court level,” he said.

The Federal Judges Association is an amicus curiae party in the case, which has national implications for federal judges throughout the U.S.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

ADVERTISEMENT