Judges deserve more money

Christine Durham faces an uphill climb with her quest to get Utah judges an 11 percent raise during this year's legislative session. But Durham, the chief justice of the Utah Supreme Court, is right. Judges need higher salaries in order to attract more quality attorneys from what often is a lucrative profession.

The uphill battle comes on two fronts. The most important is at the Legislature, where some lawmakers see judges as wearing huge targets. The other front, however, is the public. Some already have reacted with alarm, noting that the district court judge salary of $114,004 is much higher than that of the average worker in Utah.

That, of course, isn't the point.

It's true that most public-sector jobs pay less than a comparable position in the private sector. A city manager makes less than many company CEOs. Even the governor makes a salary that lags far behind many private-sector jobs. The idea is that public service ought to attract people for reasons other than the chance to make a lot of money. A more noble sense of serving a greater good should prevail.

But there are limits to that sense.

Apparently, the current salaries for judges in Utah are discouraging qualified attorneys who may otherwise apply for vacancies. Only five people applied for a recent vacancy in the 7th District, Durham said. The law requires at least nine. Meanwhile, an ongoing attrition rate constantly leads to vacancies that must be filled.

Being a judge is not easy. Luckily, Utah does not require its judges to be political. They don't run for their posts in competitive races decided by voters. But they do often face subtle political pressures from lawmakers and others upset with certain decisions. And there are retention elections that don't always guarantee a reappointment — an important accountability measure but one that sometimes leaves judges ethically unable to defend themselves.

Durham may not succeed in getting the 11 percent she requested during her annual State of the Judiciary speech this week. But it is hard to justify the Legislature's treatment of judges during the past two years, when they granted a 3 percent and a 1 percent pay raise.

The bench isn't much different from most other professions. You tend to get what you pay for.