Federal judge salaries in the United States
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Federal judge salaries in the United States are determined by the
United States Congress The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washing ...
and are governed in part by the
United States Constitution The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven ar ...
, depending in part on the
court A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...
on which the judge sits. In particular,
United States federal judge In the United States, federal judges are judges who serve on courts established under Article Three of the U.S. Constitution. They include the chief justice and the associate justices of the U.S. Supreme Court, the circuit judges of the U.S. Cou ...
s confirmed under Article III of the Constitution have compensation that "shall not be diminished during their continuance in office." Other federal judges have salaries that may be adjusted without direct constitutional constraints, however statutory schemes usually govern these salaries. Debates over judicial salaries and their increase and treatment have occurred since the ratification of the Constitution. Compensation varies based upon the particular judgeship, though it generally increases commensurate with the office.


Article III judges

Article III federal judges are those appointed under Article III, Section 1 of the U.S Constitution. Due to the
Compensation Clause Article Three of the United States Constitution establishes the judicial branch of the U.S. federal government. Under Article Three, the judicial branch consists of the Supreme Court of the United States, as well as lower courts created by Congr ...
, these judges are federal judges that may not have their salaries diminished during their time in office, and are appointed to indefinite terms and may not be removed unless they resign or are
impeached Impeachment is the process by which a legislative body or other legally constituted tribunal initiates charges against a public official for misconduct. It may be understood as a unique process involving both political and legal elements. In ...
.


Supreme Court

The
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
is the highest federal appellate court. Its members are commonly called
justices A judge is a person who presides over court proceedings, either alone or as a part of a panel of judges. A judge hears all the witnesses and any other evidence presented by the barristers or solicitors of the case, assesses the credibility an ...
. The following table lists annual salary increases for the justices from 1789 to present.


Appeals Court

The following is a list of salaries for judges on the
United States Court of Appeals United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two fi ...
.


District Court

The following is a table of district judge salaries in the United States. District judge salaries varied based on the state prior to 1891. They were unified in 1891.


Court of International Trade

According to the Federal Judiciary Center, Court of International Trade judges receive the same salary as district court judges.


Non Article III judges


Magistrate judges

Since 1988, the salary of magistrate judges is set by the
Judicial Conference of the United States The Judicial Conference of the United States, formerly known as the Conference of Senior Circuit Judges, was created by the United States Congress in 1922 with the principal objective of framing policy guidelines for administration of judicial cour ...
, but may not exceed 92 percent of the salary of district court judges.


Bankruptcy judges

Since 1988, bankruptcy judges receive compensation equal to 92 percent of the salary of district judges.


Administrative Law Judges

United States Administrative Law Judges (U.S. ALJs) are individuals appointed under 5 U.S.C. 3105 for administrative proceedings conducted in accordance with 5 U.S.C. 556 and 557. ALJs are paid under 5 U.S.C. 5372. The ALJ pay system has three levels of basic pay: AL-1, AL-2, and AL-3. The base pay for each step varies according to the location of the position. The rate of basic pay for AL-3, rate A, may not be less than 65 percent of the rate of basic pay for level IV of the
Executive Schedule Executive Schedule () is the system of salaries given to the highest-ranked appointed officials in the executive branch of the U.S. government. The president of the United States appoints individuals to these positions, most with the advice and co ...
. The rate of basic pay for AL-1 may not exceed the rate for level IV of the Executive Schedule. ALJs also receive locality payments under 5 U.S.C. 5304. Locality rates for ALJs may not exceed the rate for level III of the Executive Schedule. An ALJ who is appointed and placed in level AL-3 must be paid at the minimum rate A, unless the ALJ is eligible for a higher rate because of prior service or superior qualifications. Level AL-3 has 5 rates and it takes a total of 7 years to advanced from ALJ-3A to ALJ-3F. As of 2022, the pay for ALJ-3, including locality adjustments, ranges from $136,651.00 per year to $187,300.00 depending on the particular locality and advancement from rate A to F. As of 2022, pay for ALJ-2 and ALJ-1 is capped at $187,300.00 based on salary compression caused by salary caps based on the Executive Schedule.


Tax Court judges

Judges of the Tax Court receive the same compensation as district court judges.


Court of Federal Claims judges

Since 1988, judges of the Court of Federal Claims receive the same compensation as district court judges.


Court of Appeals for the Armed Forces

Judges of the Court of Appeals for the Armed Forces receive the same compensation as judges of the circuit courts of appeals.


Court of Appeals for Veterans Claims

Judges of the Court of Appeals for Veterans Claims receive the same compensation as district court judges.


United States Court of Private Land Claims


United States Court for Berlin


Territorial judges

Territorial Courts are created under
Article IV Article Four may refer to the 4th article of any regulatory document, such as: * Article 4 of the European Convention on Human Rights * Article Four (political party), political party in Sicily, Italy * Article Four of the United States Constitu ...
and exist in U.S. Territories. Only three currently exist. Compensation is fixed at the rate of regular district court judges.


Hybrid courts and others


District of Columbia courts


United States Commerce Court

The
United States Commerce Court The Commerce Court of the United States was a short-lived federal trial court. It was created by the Mann-Elkins Act in 1910 and abolished three years later.Urgent Deficiency Act, 63rd Congress, 1st session, ch. 32, , October 22, 1913. Effective ...
sat from 1910 to 1913. It had a staggered and limited-term membership, but consisted of Article III Appellate Court judges that would be at-large judges when not on the Court.


United States Court of Claims

The
United States Court of Claims The Court of Claims was a federal court that heard claims against the United States government. It was established in 1855, renamed in 1948 to the United States Court of Claims (), and abolished in 1982. Then, its jurisdiction was assumed by the n ...
was a court that served from 1855 to 1982. It existed as both an Article I and Article III court (after 1953).


Court of Customs and Patent Appeals

The Court of Customs and Patent Appeals was a court sitting from 1909 to 1982. Its treatment as an Article I or Article III court is ambiguous; it was originally ruled an Article I court, however it was later ruled an Article III court after Congress amended the law creating it.


See also

*
Judicial independence Judicial independence is the concept that the judiciary should be independent from the other branches of government. That is, courts should not be subject to improper influence from the other branches of government or from private or partisan inte ...


References


Notes


External links

* * {{Cite web, url=https://www.opm.gov/policy-data-oversight/pay-leave/salaries-wages/pay-executive-order-2022-adjustments-of-certain-rates-of-pay.pdf, title=Executive Order 14061 - Adjustments of Certain Rates of Pay - Fiscal 2022 United States law-related lists United States federal courts United States judicial salaries Salaries of office-holders US Federal judge