Very few well-qualified lawyers have applied for Idaho district court positions in recent years. District courts handle trials of felony cases, as well as all types of civil cases affecting the lives and property of individuals and businesses. Putting these disputes in the hands of judges without substantial experience is risky business.
The problem of recruiting experienced candidates for positions on our district courts has reached crisis proportions. Periodic surveys disclose that quite a few smart, capable, middle-aged lawyers, both men and women, are interested in serving in a judicial position. However, the low pay is always named as a substantial roadblock. Almost any seasoned lawyer would have to take a pay cut of well over 50% to be a judge.
The salary concern came front and center in 2022 when the Legislature gave every state employee, except for judges, a 7% cost-of-living pay increase. Idaho judges were already at the bottom of the national pay scale. Comments in the Legislature indicated that the denial of a pay raise was in retaliation for the Idaho Supreme Court’s decision striking down a 2021 bill that would have essentially made it impossible for voters to use their constitutional power to conduct initiatives and referendums.
Some legislators have done everything in their power in these last two sessions to make district and appellate court positions unappetizing–trying to politicize the Idaho Judicial Council selection process, trying to limit or totally do away with a useful retirement option and trying to force contested elections, among other things. Those discouraging efforts have been remarkably successful in reducing the number of highly-qualified candidates who apply for district court positions.
The crux of the problem is that candidates for the district court must have ten years of legal experience–just when talented lawyers start climbing the compensation ladder. Not many of them would opt for a district court position without assurance of a favorable and reliable compensation package.
The current annual salary for district judges is $155,508 or $77.76 per hour for a 40-hour work week. Most of those judges find it necessary to devote 60-80 hours per week to adequately handle their workloads. Seven deputies in the Idaho Attorney General’s office are paid more on an hourly basis than district judges. The Legislature routinely hires lawyers in private practice to represent it in litigation on specific issues at rates exceeding $400 per hour. The district court pay level may seem high to many folks, but lawyers who take cases to court are paid much more for their work. Hiring judges is kind of like getting any other good or service, the cheapest is not usually the best. To get good value, we must generally pay a bit more.
The other judges in our judicial system are also seriously underpaid. The annual pay of Supreme Court Justices is $169,508, which equates to $81.49 per hour, comparable to the pay rate for those seven deputy AGs. Court of Appeals judges are paid $161,508, or $77.65 per hour, and magistrate judges receive $147,508, or $70.92 per hour. Those salaries all need to be increased, but the real crisis is in the district judge ranks. The appellate courts have not been as seriously impacted because those positions are more sought-after for a variety of reasons. Magistrate judge openings currently produce numerous qualified applicants, partly because magistrates do not face election contests.
The solution to the scarcity of seasoned lawyers seeking district court positions is obvious–the Legislature must substantially increase judicial salaries. In the last legislative session, the Supreme Court put forth a bill calling for a 25% increase in judicial salaries over a four-year period–!0% the first year and 5% in each of the next three years. After that, salaries would be set by a nonpartisan citizen commission, just like legislative salaries are handled. It is a worthy proposal.
Idahoans can do a big favor for the courts, and themselves, by vigorously supporting such legislation during the next legislative session. People have much to lose if our courts are deprived of trial judges who understand and can competently decide difficult suits involving the rights of individuals and businesses. Legislators need to know that penny-pinching on judges will endanger the rights of all Idahoans.
