ILNews

Judicial pay case gets ABA support

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Indiana Lawyer Rehearing

The American Bar Association wants the Supreme Court of the United States to take a case that asks whether congressional denial of cost-of-living adjustments for federal judges compromises judicial independence and violates the Constitution.

Eight current or former federal judges from District and Circuit levels are embroiled in litigation that’s gone as high as the U.S. Court of Appeals for the Federal Circuit, which challenges the lawmakers’ refusal to adjust salaries six times during the past 20 years – even though the Ethics Reform Act of 1989 stipulated that Congress would have to authorize these “non-discretionary” automatic annual COLAs for federal judges and other senior officials.

The judges initially filed suit in the U.S. Court of Federal Claims in January 2009, but the court dismissed that complaint, Peter H. Beer, et al. v. U.S., No. 09-1395, in October. The judges appealed and filed for a ruling en banc with the Federal Circuit, but the appellate court declined in January. The judges filed a writ for certiorari in May.

In a brief filed June 17, the ABA contends that the justices’ review is warranted because the continued diminution of judicial salaries threatens the judiciary’s independence and quality of work. Judges across the nation have advocated for salary increases for the federal judiciary, including those from Indiana and members of the Supreme Court of the United States.

Chief Justice John Roberts has called for Congress to raise judges’ salaries by as much as 24 percent, and he has said that low salaries hurt the courts’ ability to hire and retain qualified judges.
 

Rehearing of "Judicial COLA loses carbonation again" IL Dec. 24, 2008-Jan. 6, 2009

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  1. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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