Douglas A. Copeland

The year is 2000. The legislature has fixed the compensation of judges in Missouri. In the trial courts, circuit judges are paid $108,000 and associate circuit judges are paid $96,000. Appellate judges earn $115,000, and our Supreme Court judges earn $123,000, with our Chief Justice earning the top salary of $125,500. Although most experienced attorneys could earn more in the private practice – some significantly more – there are other features of security and benefits in holding a seat on the bench, as well as the distinction and honor of the title and position. Relatively speaking, there is a sense of contentment among the judiciary relative to compensation, and a healthy if not robust competition for seats on the various courts, whether they be the political elections for trial judges outside the metropolitan areas or applications for appointments in the non-partisan system.

Fast forward six years to the present. During that period of time inflation has increased the cost of living close to 16 percent. New associates in large law firms in Missouri, fresh out of law school, are being paid in excess of the $96,000 that associate circuit judges were being paid just six years ago. Municipal judges in Kansas City are being paid in excess of $128,000, more than even the Chief Justice was making in 2000. Earnings in private practice have increased handsomely. Salaries for Missouri attorneys in the 46-55 age range had increased to an average of $185,000 by 2004. The average salary of a senior partner in 2004 had increased to $282,000. Obviously, the salaries of the "best and brightest" attorneys had grown to amounts significantly larger than those averages. One can only imagine that compensation of our judges has kept pace, and that, while still below what could be earned in the private practice, the contentment that existed previously has been maintained and large numbers of highly qualified attorneys continue to put their names forward in the hopes of attaining esteemed positions on the bench.

The reality departs starkly from that assumption. Associate circuit judges sit on the bench and gaze out at the fresh young lawyers from large law firms appearing before them, realizing that those newest admittees to the bar are receiving salaries that exceed their own – because those judges are still paid the same amount as they received in 2000. The thoughts of Supreme Court judges wander westward from Jefferson City, and ponder the equity of municipal judges in Kansas City earning significantly more salary than is paid a Missouri Supreme Court judge. In 2006 our Supreme Court judges are still paid $123,000, with the Chief Justice still receiving just an extra $2,500. In fact, all our state judges are receiving the same salary they received six years ago – there has been no increase at all. Given the inflationary factor, in terms of buying power they are actually earning significantly less than they were paid six years ago.

If you consider our court system and the administration of justice important concerns, you must wonder what effect this has had on our courts. As you might imagine, these circumstances have generated a significant amount of discontent among members of the bench, particularly those judges who have served over this entire time period. I have spoken with what I would consider to be some of the best trial judges with significant tenure, and they are near the point of seriously considering leaving the bench over the issue of compensation. They feel under-appreciated and under-valued. They must be wondering if the distinction and honor of sitting on the bench is truly worth the sacrifice in income. They look around them at their clerks and other court staff, and see a likewise discontented group that has suffered similarly in terms of compensation during this period. The retention rate of court personnel is poor, and it is becoming more and more difficult to attract the caliber of personnel essential to operate an effective and efficient court system, making a judge's job all the more difficult and frustrating.

We have also seen a remarkable decline in interest in filling open positions on the bench. The best and brightest lawyers are no longer waiting in large numbers to have a chance to become a judge. For a recent opening in the Kansas City area, only three – yes, just three – candidates applied for a trial court panel. The panel that is sent to the governor for appointment only consists of three candidates. What that means is that one of those applicants, regardless of his or her qualifications, could have been appointed to that seat on the bench. Applications to the appellate bench have similarly declined – instead of the normal 30 or 40 candidates, some openings have attracted a mere 15. How can we be assured that the best and brightest will serve on the bench if the pool of candidates is so small? We have been fortunate so far, but the risk is increasing.

We should all be concerned about this issue. If you care about justice, we need good judges on the bench. If you care about business interests in Missouri, we must maintain the type of quality on the bench that will ensure well-reasoned and consistent decisions in increasingly complex cases, so that the business community can have the predictability and confidence necessary to invest and do business in our state. If you want our communities to prosper, we need to attract and maintain those business interests. If you care about your clients and your professional responsibility, you want to be able to examine an issue and predict with some reliability what the outcome of litigation will be, which is only possible with good judges. If you can think of no bigger picture than yourself, even then, if you find yourself in a courtroom, wouldn't you want to have confidence in the abilities of the person in the black robe sitting behind the bench?

There comes a point when compensation is a real barrier to an attorney considering a move to the bench. Would you be willing to cut your salary in half to go on the bench? How about a third? What about the lack of opportunity for, or anticipation of, increases in salary? Certainly there are some intangible, and tangible, benefits to being on the bench, but there can be no question that at some point compensation is a factor. It is undeniable that, by failing to keep pace with judicial and court staff salaries, we have significantly reduced the pool of willing candidates to fill those positions. The Kansas City municipal courts have recognized that they are going to have to offer a certain salary to attract a certain level of candidate, and that salary must relate in some fashion to the earning capacity that the type of candidate they want to attract has in the private practice of law. What kind of candidates do we want to attract to the bench in the trial and appellate courts in Missouri? What kind of salary is it going to take to do that?

During this session the Missouri legislature is considering increases for all court personnel, including judges, in the next fiscal year budget. Preliminary proposals that are advancing would provide a four percent increase. This is a positive step in the right direction. If you think this issue is important to you, your clients or the people of Missouri, I would encourage you to contact your legislators and encourage them to continue on this path for increasing the compensation of judges and other court personnel in Missouri. Otherwise, I fear that the administration of justice in Missouri will suffer measurably.