Utah urged to give judges 19% pay hike

Is state failing to lure best candidates to the bench?

Published: Tuesday, Oct. 18, 2005 9:16 a.m. MDT
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Utah is facing a crisis as more state judges retire and fewer qualified applicants come forward — a situation that can be avoided by giving judges a 19 percent pay increase.

At least that's according to the Citizen Committee on Judicial Compensation, which Monday proposed a more than $2.7 million salary boost for the state's juvenile, district and appellate court judges and Supreme Court justices.

"We felt we had to do something very, very significant in addressing the issue of salaries," committee member Kay Cornaby said in presenting the proposal to the state Executive and Judicial Compensation Commission.

No action was taken Monday by the commission, which is charged with providing the Legislature with salary recommendations for judges, department heads and elected officials. The commission is expected to finalize its annual report at its next meeting, on Oct. 31.

Commission Chairman John T. Nielsen said after the meeting he agrees the state needs "to pay very careful attention" to the judiciary so that vacancies on the bench attract the best candidates.

But Nielsen also said that "a 19 percent increase is going to be a very tough sell" to lawmakers. Last year, the commission recommended a 7 percent pay increase for judges. The 2005 Legislature raised their pay by 6 percent.

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Cornaby, an attorney and a former state legislator, said that within the next five years, 44 percent of sitting judges are expected to retire. Meanwhile, he said, the number of applicants for openings on the bench are declining.

"They need to be qualified. We can't rely on young attorneys out of law school only a few years," Cornaby said. "The ones we really would like to have on the bench, who are qualified in every way, who would make excellent judges, are not applying for judgeships."

The reason is that they can earn more — much more — by staying in the private sector.

State district and juvenile judges now are paid $111,050 annually. The citizens group found that a Utah attorney with about 15 years of experience makes an average of $129,000 as an associate in a law firm and $210,000 as a partner.

Another member of the citizens group, Scott Anderson, president and chief executive officer of Zions Bank, said members of the business community do not want inexperienced judges adjudicating their legal issues.

"We need to take some drastic action," Anderson told the commission, to ensure the state gets people with the right experience to serve on the bench. He said the proposed raise would help close the gap between judicial salaries and what top attorneys can make.

Assistant state court administrator Richard Schwermer told the commission that the Administrative Office of the Courts had yet to see the pay-increase proposal and so was not ready to comment.

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