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I don’t know anyone who joined the judiciary for the money. A quick read of the N.M. Judicial Compensation Commission’s October 2012 report shows the folly of doing so.
Established in 2004, the commission is independent of the legislative, executive and judicial branches of our government and is made up of leaders from both the business and legal communities. Its statutory mission is to analyze and make recommendations on judicial salaries and benefits for New Mexico judges. Its consistent conclusion is that New Mexico judges are underpaid, making it difficult to attract qualified candidates and retain those that do step forward to serve.
In this year’s report, the commission compared judicial compensation in Oklahoma, a neighboring state with a similar population size and similar rural/urban demographic. While noting Oklahoma’s cost of living is substantially less than New Mexico’s, the commission found that our salaries lag about 10 percent behind judicial pay in the Sooner State. The commission recommended two significant changes to improve judicial parity, both of which have been embodied in bill pending before the state Legislature.
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” … the commission has repeatedly found that judicial salaries in New Mexico are among the very lowest in the region and rank 46th in the nation.” - N.M. Judicial Compensation Commission Report (October 2012 ) |
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Senate Bill 384 proposes a 5 percent increase in judicial salaries, which would bring a District Court judge like me up to about $64 an hour. You pay a lot more for a plumber or auto mechanic, although I know some would argue they are worth more.
Providing this 5 percent salary increase will cost the state about $1.1 million annually – paper-clip money, in fact – a small price to help ensure qualified candidates are not “disincentivized.”
The commission also noted that judicial salaries are the same across the board with a judge in their 10th or 20th year of service paid the same as the “newbie” down the hall. The commission recommended incentive increases be considered and Senate Bill 391 acts on those recommendations by providing a 5 percent retention increase for judges with seven years on the bench and a 10 percent incentive for judges with 14 to 21 years of service. Those with enough patience and energy to stay on after 21 years would receive 15 percent more than a newcomer.
The projected annual costs to keep more experienced judges on the bench under SB 391 will be about $733,000. If you factor in the delays in processing cases and the other associated turnover costs of replacing a judge who leaves the bench for “greener pastures,” that cost disappears entirely as a real expense.
Finally, the commission made specific recommendations on changes to the retirement plan which covers judges and magistrates. The Administrative Office of the Courts also proposed retirement-plan changes. A bill also is pending in the 2013 Legislature. We’ll examine those issues another day.
Pending legislation goes a long way towards alleviating New Mexico’s perennially weak judicial compensation plan, although it would hardly make the judiciary the place to go for the big money, and that’s how it should be.
Should New Mexico citizens be concerned that lagging salaries may discourage qualified lawyers from pursuing judicial service? I think it’s a serious problem and the fixes are cheap.
You can view the commission’s report at www.nmcourts.gov/admin/2012JCC report.pdf before you “Judge for Yourself.” And then call your legislators, please.
Alan M. Malott is a judge of the 2nd Judicial District Court. Before joining the court, he practiced law throughout New Mexico for 30 years and was a nationally certified civil trial specialist. If you have questions, send them to Judge Malott, P.O. Box 8305, Albuquerque, NM 87198 or email to: alan@malottlaw.com. Opinions expressed here are solely those of Judge Malott individually and not those of the court.
