Federal judge salaries in the United States

Federal judge salaries in the United States are determined by the United States Congress and are governed in part by the United States Constitution, depending in part on the court on which the judge sits. In particular, United States federal judges confirmed under Article III of the Constitution have compensation that "shall not be diminished during their continuance in office."[1] 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, 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.

Supreme Court

The United States Supreme Court is the highest federal appellate court. Its members are commonly called justices.

The following table lists annual salary increases for the justices from 1789 to present.

Year Chief Justice Associate Justices 2022 inflation adjusted figures[2]
Chief Justice Associate Justice
1789$4,000$3,500Data not availableData not available
1819$5,000$4,500$95,587$86,028
1855$6,500$6,000$204,146$188,443
1871$8,500$8,000$207,636$195,422
1873$10,500$10,000$256,492$244,278
1903$13,000$12,500$423,415$407,130
1911$15,000$14,500$471,107$455,404
1926$20,500$20,000$338,867$330,602
1946$25,500$25,000$382,674$375,171
1955$35,500$35,000$387,810$382,348
1964$40,000$39,500$377,425$372,707
1969$62,500$60,000$498,752$478,802
1975$65,600$63,000$356,763$342,623
1976$68,800$66,000$353,817$339,418
1977$75,000$72,000$362,191$347,703
1978$79,100$76,000$354,901$340,992
1979$84,700$81,300$341,518$327,809
1980$92,400$88,700$328,177$315,035
1981$96,800$93,000$311,588$299,357
1982$100,700$96,700$305,364$293,234
1984$104,700$100,600$294,917$283,368
1985$108,400$104,100$294,947$283,247
1987$111,700$107,200$287,724$276,133
1987$115,000$110,000$296,224$283,345
1990$124,000$118,600$277,752$265,657
1991$160,600$153,600$345,057$330,017
1992$166,200$159,000$346,588$331,574
1993$171,500$164,100$347,425$332,434
1998$175,400$167,900$314,918$301,452
2000$181,400$173,600$308,257$295,003
2001$186,300$178,300$307,897$294,676
2002$192,600$184,400$313,363$300,021
2003$198,600$190,100$315,935$302,413
2004$203,000$194,300$314,514$301,035
2005$208,100$199,200$311,813$298,478
2006$212,100$203,000$307,892$294,682
2008$217,400$208,100$295,489$282,849
2009$223,500$213,900$304,864$291,769
2010$223,500$213,900$299,933$287,050
2011$223,500$213,900$290,748$278,260
2012$223,500$213,900$284,890$272,654
2013$223,500$213,900$280,780$268,720
2014$255,500$244,400$315,837$305,083
2015$258,100$246,800$318,648$304,697
2016$260,700$249,300$317,886$303,986
2017$263,300$251,800$314,344$300,615
2018$267,000$255,300$311,158$297,523
2019$270,700$258,900$309,845$296,338
2020$277,700$265,600$314,015$300,333
2021$280,500$268,300$302,925$289,750
2022$286,700$274,200N/AN/A

Appeals Court

The following is a list of salaries for judges on the United States Court of Appeals.

Year Salary 2022 inflation adjusted figures[2]
1891$6,000Data not available
1903$7,000$227,993
1919$8,500$143,472
1926$12,500$206,626
1946$17,500$262,619
1955$25,500$278,568
1964$33,000$311,376
1969$42,500$339,152
1975$44,600$242,556
1976$46,800$240,678
1977$57,500$277,680
1978$60,700$272,345
1979$65,000$262,086
1980$70,900$251,815
1981$74,300$239,163
1982$77,300$234,406
1984$80,400$226,469
1985$83,200$226,380
1987$85,700$220,752
1987$95,000$244,707
1990$102,500$229,594
1991$132,700$285,112
1992$137,300$286,321
1993$141,700$287,056
1998$145,000$260,337
2000$149,900$254,729
2001$153,900$254,350
2002$159,100$258,858
2003$164,000$260,893
2004$167,600$259,668
2005$171,800$257,422
2006$175,100$254,181
2008$179,500$243,976
2009$184,500$251,666
2010$184,500$247,595
2011$184,500$240,014
2012$184,500$235,178
2013$184,500$231,785
2014$211,200$261,076
2015$213,300$263,339
2016$215,400$262,649
2017$217,600$259,785
2018$220,600$257,084
2019$223,700$256,048
2020$229,500$259,512
2021$231,800$250,331
2022$236,900N/A

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.

Year Minimum Maximum 2022 inflation adjusted figures[2]
Salaries of US district judges 1789–1867
1789$800$1,800Data not availableData not available
1812$800$3,000$13,795$51,729
1816$800$3,100$13,795$53,454
1817$800$3,000$14,657$54,962
1830$1,200$3,500$32,978$96,184
1844$1,200$3,800$37,689$119,347
1847$1,200$3,500$37,689$109,925
1852$1,200$5,000$42,211$175,880
1854$1,200$3,500$39,084$113,996
1860$1,200$6,300$39,084$195,422
1862$1,200$3,500$35,176$102,597
1866$1,200$4,500$23,984$89,939
1867$3,500$5,000$73,283$104,690
Year Salary 2022 inflation adjusted figures[2]
Salaries of US district judges 1891–present
1891$5,000$162,852
1903$6,000$195,422
1919$7,500$126,593
1926$10,000$165,301
1946$15,000$225,102
1955$22,500$245,795
1964$30,000$283,069
1969$40,000$319,201
1975$42,000$228,416
1976$44,000$226,278
1977$54,500$263,192
1978$57,500$257,987
1979$61,500$247,974
1980$67,100$238,319
1981$70,300$226,288
1982$73,100$221,669
1984$76,000$214,076
1985$78,700$214,136
1987$81,100$208,903
1987$89,500$230,540
1990$96,600$216,378
1991$125,100$268,783
1992$129,500$270,055
1993$133,600$270,647
1998$136,700$245,435
2000$141,300$240,114
2001$145,100$239,806
2002$150,000$244,052
2003$154,700$246,098
2004$158,100$244,949
2005$162,100$242,888
2006$165,200$239,810
2008$169,300$230,112
2009$174,000$237,344
2010$174,000$233,505
2011$174,000$226,354
2012$174,000$221,794
2013$174,000$218,594
2014$199,100$246,118
2015$201,100$248,276
2016$203,100$247,651
2017$205,100$244,861
2018$208,000$242,400
2019$210,900$241,397
2020$216,400$244,699
2021$218,600$236,076
2022$223,400N/A

Court of International Trade

According to the Federal Judiciary Center, Court of International Trade judges receive the same salary as district court judges.[3]

Non Article III judges

Magistrate judges

Since 1988, the salary of magistrate judges is set by the Judicial Conference of the United States, but may not exceed 92 percent of the salary of district court judges.[4]

Bankruptcy judges

Since 1988, bankruptcy judges receive compensation equal to 92 percent of the salary of district judges. [5]

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.[6]

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. The rate of basic pay for AL-1 may not exceed the rate for level IV of the Executive Schedule.[6]

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.[6]

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.[6]

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.[7] 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.[8]

Court of Federal Claims judges

Since 1988, judges of the Court of Federal Claims receive the same compensation as district court judges.[9]

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.[10]

Court of Appeals for Veterans Claims

Judges of the Court of Appeals for Veterans Claims receive the same compensation as district court judges.[11]

Territorial judges

Territorial Courts are created under Article IV 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 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 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

References

  1. U.S. Constitution, Art III, Sec 1.
  2. 1634–1699: McCusker, J. J. (1997). How Much Is That in Real Money? A Historical Price Index for Use as a Deflator of Money Values in the Economy of the United States: Addenda et Corrigenda (PDF). American Antiquarian Society. 1700–1799: McCusker, J. J. (1992). How Much Is That in Real Money? A Historical Price Index for Use as a Deflator of Money Values in the Economy of the United States (PDF). American Antiquarian Society. 1800–present: Federal Reserve Bank of Minneapolis. "Consumer Price Index (estimate) 1800–". Retrieved 28 May 2023.
  3. "History of the Federal Judiciary". Federal Judiciary Center. Retrieved 11 January 2014.
  4. "History of the Federal Judiciary". Federal Judiciary Center. Retrieved 11 January 2014.
  5. "28 U.S.C. § 153". Cornell University Law School. Retrieved 11 January 2014.
  6. "Fact Sheet: Administrative Law Judge Pay System". www.opm.gov. U.S. Government OPM. Retrieved 20 September 2022.Public Domain This article incorporates text from this source, which is in the public domain.
  7. "2022 Locality Rates of Pay Administrative Law Judges" (PDF). U.S. Government OPM. Retrieved 20 September 2022.
  8. "26 U.S.C. § 7443". Cornell University Law School. Retrieved 11 January 2014.
  9. "28 U.S.C. § 172". Cornell University Law School. Retrieved 11 January 2014.
  10. "10 U.S.C. § 942". Cornell University Law School. Retrieved 11 January 2014.
  11. "38 U.S.C. § 7253". Cornell University Law School. Retrieved 11 January 2014.

Notes

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