Irish judges: lack of pay raise could constitute gender discrimination

The Association of Judges in Ireland, the representative body for that country’s judges, has requested that the government restore judicial salaries to pre-financial crisis levels. New judicial appointees currently earn less than judges on the same court who were appointed before 2011.

In a questionable twist, however, the Association has argued that maintaining the lower salaries for new judges could constitute “indirect gender discrimination” because recent appointees include more women than before.

Come on. It’s hard to imagine why the Association would take such a specious position, especially with much more plausible arguments available. Ireland may not constitutionally protect judicial salaries, but surely the better case is that external control over judges’ pay wreaks havoc on judicial independence. Moreover, as the Association itself pointed out, similar discrepancies in teacher and health care worker pay were being addressed, leaving judges on the outside looking in.

Judges are naturally aware that their complaints about salary and benefits can sound elitist, especially when the even a “low” salary is well into six figures. But trying to invoke the specter of discrimination here is wildly counterproductive.

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