By Mark David Blum

A New York State Court judge has cleared a go-ahead for a lawsuit by the State’s judges for a pay raise. Apparently surviving on $156,000.00 a year plus government perks just isn’t enough to satiate the current residents of the States’ benches. Guess who gets to pay for this little dustup among the Robes of the State.

There is not an attorney in this town or indeed a civilian who has had any experience with the civil or criminal justice system who could not identify tons of waste of time, resources, and personnel. Our voices are not listened to and only what is seen as the closed circle of political ‘old boys’ make changes for their convenience. At the same time, people stand around in hallways for hours and calendars are getting more cluttered, our Chief Administrative Judge is about to spend MILLIONS of dollars to raise the roof of the Court House and make it all shiny and pretty and looking new again. A poor person or someone who does not have a cell phone cannot find a payphone in the court house to make a phone call, but there is plenty of funding to create new patronage jobs. Somebody should raise the roof; that’s for sure.

As a lawyer and member of the Bar, I appreciate efforts to pander to the judiciary. As a taxpayer and attorney who has to function in that same system, I am offended at the effort to raise judicial salaries without first attacking waste and demanding greater productivity. If the Courts want to better pay their employees, then we as consumers deserve better. Allow me to use the “F” bombs – Fundamental and Fairness – that is the issue.

Even more offensive to me is the rationale given to support a raise in pay. Frankly, judges who cannot thrive and survive on the pay and benefits package offered to each, should leave the Bench. Not only will this draw more idealistic persons over patronage, but it will clear the pipelines to enable fresher perspectives and attitudes on the law to filter upward.

Indeed, law school professors and big shot big city lawyers make more in salary that do judges. But what smugness drives a person to think that just because they don the robe, they are suddenly of the tenure deserving of pay of the top rungs of society? I invite any sitting judge or justice at any level of court to show that not only are they qualified for a law school deanship or wall street partnership, but actually have the choice to accept such a position if their judicial salaries are not raised.

Also omitted from the discussion is what I call ‘deferred pay’. This is the lifelong full pension and retirement, full family medical and dental, and incredible benefits that most people can only dream about. Making “only” a hundred something thousand dollars a year is one thing; but when you calculate into that the million or two in retirement benefits, worry about underpaid judges evaporates.

There might be more credibility to the argument that judges deserve to be paid at the same level as professors and wall streeters IF if the State’s system of selecting Judges were to be fair. The current system locks out those who are not politically in favor and only rewards those most loyal to party. No member of the Bar that I know fully agrees that every person sitting on the bench at any level of court deserves that job. Many good men and women serve as great judges. I respect and admire so many of them for the hard work and conscientious effort they make. Their hearts and intelligence and integrity are beyond question. But, in the back of our minds, there always remains the question whether they are indeed the most qualified person for the job or are they sitting there thanks to years of quid pro quo. To top that, these same persons are clamoring for more money.

Being a judge is not a right; it is a civic duty. When someone takes job, it should not be for the remuneration, but for the honor of filling that robe and a place in history.

With all due respect, the Courts are the last line of defense against a corrupt and evil government. Congress legislates the will of the majority. The Executive implements the laws. But, the Courts are the guardian of the individual and the rights and privileges accorded him in the Constitution. Apparently, in their minds, the judges that currently sit on that hallowed bench see themselves as civil servants. They are not. They are constitutional officers who, if they cannot do the job for the mere pittance of a starting salary of $136,700 a year in Onondaga County, should get the hell out of the way for those whose goals and ideals are loftier than a paycheck. “Greed” is not the hallmark of Justice.

I respectfully ask the Judges to reconsider their position on this matter. The public’s confidence in the system demands no less. Someone has to stand up and demand a better product for the cost of the service provided.