The slightly ominous-sounding Washington Citizens’ Commission on Salaries for Elected Officials has approved pay raises for several state government officials, including judges. Most judges will receive an 8.5% pay hike this year, another another 2.5% raise in 2020. The raises are designed to keep state judicial compensation close to the pay scale for federal judges.
That’s the only reasonable interpretation of her stunning announcement that she will preemptively oppose any federal appellate court nominee put forth by President Trump. This is naked politics in its worst form: in an effort to score points with her political base and show off her willingness to resist the President, she is ready to deprive an entire branch of government the basic resources it needs to operate.
One might conclude that it’s all sound and fury, given that the Republicans control the Senate, and Harris’s Judiciary Committee vote will rarely be dispositive. But what an ugly precedent it sets. Should the junior senator from California succeed in her presidential aspirations, she will have set the stage for others to reject her own nominees sight unseen.
And of course, the judiciary is the body that truly suffers from this silly posturing. There are currently twelve vacancies on the federal circuit courts of appeal, half of which are on Harris’s home circuit, the Ninth Circuit. Those vacancies put pressure on the remaining judges to process heavy dockets with inadequate resources, leading to worse outcomes for criminal defendants, civil litigants, and the entire court system.
Senator Mitch McConnell was rightly criticized for failing to schedule a vote on the nomination of Judge Merrick Garland to the Supreme Court in 2016. That was ugly power politics, and this is no different. Democrats should reject unequivocally Senator Harris’s absurd and counterproductive policy.
State courts do an admirable job of bringing their work into the community, and one of the more common approaches is to hold oral arguments in high schools. Setting up an argument in a school auditorium is manageable logistically, and allows students to see how the courts operate close-up.
So I particularly liked this story about the supreme courts of Arkansas and Texas traveling to Texarkana at the same time to hold hearings. The Arkansas justices held their proceedings at Arkansas High School, and the Texas justices at Texas High School, before coming together for a question-and-answer session at the city’s convention center. It shows the courts to be both thoughtful and savvy in their community outreach.
My latest post at the New England Faculty Blog explains why the efforts of Senate Democrats to grill judicial nominees on their religious beliefs is both wrong as a matter of course, and a strategic blunder that the President is ready to exploit.
Seen on Facebook:
Yesterday, the Administrative Office of the U.S. Courts estimated that it can sustain funded operations through next Thursday, January 31. It further cautioned that “No further extensions [of operations] beyond Feb. 1 will be possible.”
Funds have dried up. Even the couch cushions have yielded their bounty. Can the other two branches finally bring the shutdown to an end?
The West Virginia legislature has been busy introducing new bills that would affect the state courts. One bill would add magistrate judges to the court system and give all state magistrates a salary increase. Another bill would require that the state supreme court hear all appeals as of right.
Neither of these ideas is new — the magistrate bill was introduced without success in previous years, and the state supreme court already hears all appeals by court rule. But the bills are still significant. The magistrate bill acknowledges the continued resource needs of the court system in a state with a growing population. And the appeals bill, while merely codifying an existing practice, represents a carefully considered tradeoff between imposing burdens on the supreme court and the cost of creating an intermediate appellate court. At minimum, these bills are a sign that the legislature is thinking meaningfully about the needs of the court system after years of chaos within the judicial branch.