Letters to the Editor
This article is from the archive of The New York Sun before the launch of its new website in 2022. The Sun has neither altered nor updated such articles but will seek to correct any errors, mis-categorizations or other problems introduced during transfer.
“Judge Sues for a Raise”
“Overpaid Judges”
Members of the bar were appalled by the suggestion of merit pay for judges based upon holdings in cases, in two recent Sun editorials [“Judge Sues for a Raise,” April 11, 2008, and “Overpaid Judges,” May 2, 2008].
One of the oldest, most established principles in American law is the doctrine of judicial independence. That is, judges ought to decide cases free from the interference of politics and public opinion, and without worry of incurring sanctions for their decisions.
Merit pay for judges depending on the popularity of their decisions would be the beginning of the end of judicial independence.
As former chief justice Earl Warren wrote, it is in the public’s interest “that the judges should be at liberty to exercise their functions with independence and without fear of consequences.”
The New York City Bar Association supports judicial pay increases on the premise that fair salaries are necessary to attract and retain a qualified and dedicated judiciary. Judicial independence is not for sale.
BARRY KAMINS
President
New York City Bar Association
New York, N .Y.
‘Overpaid Judges’
Your recent editorial implies that judges in New York should only get a raise if their decisions are met with popular approval [Editorial, “Overpaid Judges,” May 2, 2008].
Linking judicial salary increases to such a public litmus test at best would undermine the credibility of our judges and, at worst, compromise our system of justice.
Judges must be impartial and render decisions based on the facts presented as applied to the rule of law. An impartial judiciary is essential to a fair and balanced justice system — one of the cornerstones upon which our government is based.
The fact remains that New York judges have gone nearly 10 years — longer than any other judiciary in the nation — without so much as a cost of living increase. In essence, the buying power of a judge’s salary has eroded by more than 26% since 1999.
An adequately compensated and independent judiciary is essential. Judges cannot and should not be influenced by which way the wind blows, the tide of public opinion, or by politics.
The mere suggestion that judges only should be given a raise if we like their decisions is absurd and reckless.
KATHRYN GRANT MADIGAN
President
New York State Bar Association
Binghamton, N.Y.
