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. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...