The Mudcat Café TM
Thread #68747 Message #1164589
Posted By: Stilly River Sage
18-Apr-04 - 04:04 PM
Thread Name: BS: I Read it in the Newspaper
Subject: RE: BS: I Read it in the Newspaper
Here's an interesting one.
Considering the adjustments to this court were made during the Regan years, I'd sure like to know a lot more about it. Look at the kind of cases they hear. What can we learn about the outcomes?
The whole article is here: http://seattlepi.nwsource.com/national/apus_story.asp?category=1110&slug=Judges%20Lifetime%20Pay
Judges on little-known court paid for life
By LARRY MARGASAK, ASSOCIATED PRESS WRITER
WASHINGTON -- Judges on a little-known federal court that decides claims against the government are appointed for 15 years, but collect their full six-figure salaries for a lifetime for a workload that averages fewer than two trials a year.
U.S. Court of Federal Claims jurists turn their fixed terms into lifetime jobs by remaining as senior judges. Currently, the federal claims court has 16 active judges and 13 in senior status.
A few of the senior judges handle a full workload. Some handle at least 25 percent of their former caseload. Others have an empty docket. All are paid $158,100 a year, the same as full-time federal judges.
The congressionally approved arrangement for the claims judges - described as a "charmed existence" by one legal expert - is gaining scrutiny. Two Democratic senators have prepared a bill to abolish the court, with its budget of $14.4 million.
"It's a waste of money," Sen. Byron Dorgan, D-N.D. Added Sen. Ron Wyden, D-Ore.: "The taxpayers are spending top dollar for full-time judges that don't even perform part-time work."
A Court of Federal Claims judge had an average workload [of] 45 [cases] from 1997 through 2001 and conducted fewer than two trials each in 2002, according to records compiled by the senators. In contrast, District Court judges averaged 478 cases and completed an average 19 trials a year, according to the latest statistics.
Court of Federal Claims Chief Judge Edward Damich said in an interview that the caseload numbers are meaningless because his judges must resolve "complex, high stakes litigation" that usually is settled without a trial.
The claims court has special expertise in disputes between contractors and the government, cases brought by taxpayers seeking refunds and plaintiffs complaining the government illegally seized their property. It has sole jurisdiction in lawsuits filed by unsuccessful bidders seeking government contracts.
Damich said Congress reorganized the court more than 20 years ago with the intention of allowing its judges to serve for life despite their 15-year terms. [This would be from the Regan administration]
"It was because of the fear that if we were to lose salary and benefits completely, that might influence judges in their decisions," he said. "They might be influenced in a pro-government way to get reappointed."
[snip]
When the claims judges finish their term and take senior status, the chief judge must decide whether to recall them to service and have them work for their salaries.
If they are recalled, the judges are required to handle 25 percent of an active judge's caseload to qualify for any pay increases.
Damich, who said he negotiates with each senior judge, said four of the 13 do no work while one senior judge handles only court administrative duties. The other senior judges have varying caseloads
http://www.uscfc.uscourts.gov/