On the recordMarch 14, 2011
I rise to introduce the Federal Judicial Fairness Act of 2011. I want to thank Senator Hatch, as well as Senators Leahy, Graham, Reid, Lee, Inouye, Bingaman, Lieberman, and Kerry, for working with me as cosponsors of this important bill. The Federal Judicial Fairness Act is a straightforward bill that would ensure that Federal judges receive cost-of-living adjustments to their salaries on the same terms as other Federal civilian employees. Let me be clear from the outset: This bill would not provide a judicial pay raise. In fact, it would not even guarantee a cost-of-living adjustment for this year, the next year, or the next. Instead, it would simply guarantee that in years in which other Federal civilian employees receive cost-of-living adjustments to their salaries to account for inflation, Federal judges will as well. Under current law, two procedural requirements prevent this from happening. First, the 'linking' of judicial and Congressional salaries means that judges cannot receive a cost-of-living adjustment unless Congress first votes to provide an adjustment for its own Members. Second, due to a 1981 provision known as 'Section 140,' even if Congress votes to adjust its own Members' salaries, Congress must pass a second, special provision stating that judges should receive this adjustment as well.
