There’s a movement to increase the pay of federal judges, currently being lead by Justice Roberts. I agree that we probably should be paying federal justices competitively. Here’s why:
The cost of not [addressing the pay disparity] will be a decrease in the quality of an increasingly important judiciary — and a change in its perspective. Fifty years ago, about 65 percent of the federal judiciary came from the private sector — from the practicing bar — and 35 percent from the public sector. Today 60 percent come from government jobs, less than 40 percent from private practice. This tends to produce a judiciary that is not only more important than ever but also is more of an extension of the bureaucracy than a check on it.
Absent competitive pay, the only reason someone has to take a federal judgeship is to power and prestige associated with the position, or a lack of ability in the private sector. That’s probably the type of person we don’t want sitting on the bench.