In recent years, very few eligible attorneys have applied for district court seats in Idaho. In addition to handling all civil issues involving the lives and property of people and businesses, district courts also try felony cases. It is dangerous to entrust these cases to judges who lack significant experience.
The challenge of filling our district courts with qualified applicants has gotten out of hand.Numerous intelligent, competent middle-aged lawyers—both men and women—are interested in working in the judiciary, according to periodic studies. Nonetheless, the low salary is consistently cited as a significant obstacle. To become a judge, almost any experienced attorney would have to accept a wage drop of more than 50%.
When the Legislature granted a 7% cost-of-living pay rise to all state employees, with the exception of judges, in 2022, the issue of salaries came to the forefront. Judges in Idaho were already paid the lowest wages in the country. Legislative comments suggested that the refusal of a wage increase was a kind of reprisal for the Idaho Supreme Court’s ruling to invalidate a 2021 bill that would have effectively prevented voters from exercising their constitutional right to hold referendums and initiatives.
The Idaho Supreme Court wants justices in Idaho to be paid more.
During the past two sessions, some lawmakers have done everything they can to make district and appellate court positions unappealing. They have attempted to politicize the selection process for the Idaho Judicial Council, limit or eliminate the auseful retirement option, and force contested elections, among other things. The number of highly competent applicants for district court seats has significantly decreased as a result of those deterrent tactics.
The main issue is that, just when skilled attorneys begin to move up the pay scale, district court candidates must have ten years of legal experience. Few of them would choose to serve on a district court if they weren’t guaranteed a good and stable salary.
District judges currently make $155,508 a year, or $77.76 an hour for a 40-hour workweek. To effectively manage their workloads, the majority of those judges need to put in 60 to 80 hours per week. On an hourly basis, seven deputies in the Idaho Attorney General’s Office earn more than district judges. The Legislature frequently pays private practice attorneys more than $400 per hour to represent it in court on particular matters. Many people may think that the district court pay level is high, but attorneys who represent clients in court receive even more compensation. Hiring judges is similar to purchasing any other good or service; typically, the best is not the cheapest. In general, we have to pay a little bit extra to receive good value.
Our legal system’s other judges are likewise grossly compensated. Supreme Court Justices make $169,508 a year, or $81.49 an hour, which is similar to what the seven deputy AGs make. Magistrates are paid $147,508, or $70.92 per hour, whereas judges of the Court of Appeals are paid $161,508, or $77.65 per hour. All of those pay increases are necessary, but the district judge ranks are where the true crisis lies. Because those posts are more desirable for a number of reasons, the appellate courts have not been as severely affected. Due in part to the fact that magistrates are not up for election, there are now many eligible candidates for available magistrate judge positions.
It is clear that the Legislature has to significantly raise judicial compensation in order to address the lack of experienced attorneys applying for district court posts. The Supreme Court proposed a plan during the most recent parliamentary session that would raise judicial salaries by 25% over four years, with a 10% rise in the first year and a 5% increase in each of the following three. Then, like with legislative salaries, an impartial public commission would determine compensation. It’s a good suggestion.
During the upcoming legislative session, Idahoans may do themselves and the courts a great favor by firmly supporting such legislation. People will suffer greatly if our courts are devoid of trial judges who are knowledgeable about and capable of rendering decisions in complex cases involving the rights of both individuals and corporations. Lawmakers must understand that cutting corners on judges will jeopardize the rights of every Idahoan.
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