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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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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