Pay Frozen, More New York Judges Leave Bench

WILLIAM GLABERSON The New York Times 07/04/2011 18:05

There is perhaps no more fitting finale to a long legal career than a judgeship. Ascending the bench after years appearing before it can bring power, respect, personal satisfaction, reasonable hours and, often, free parking. There have traditionally been few steps beyond: Retirement. Or death. But across the country — and in New York, more than most places — being a judge has in recent years come with one big negative: the salary.

New York judges have not had a raise in 12 years, making the state one of the more extreme examples of a growing pay gap nationally between judges and other professionals, including partners at top law firms, who can earn 10 times the salary of the judge before whom they are arguing a case.

Now, for the first time in memory, judges are leaving the bench in relatively large numbers — not to retire, but to return to being practicing lawyers. Turnover in New York has increased rapidly in the last few years: nearly 1 in 10 judges are now leaving annually, a new study shows.

In New York State, at least a dozen have resigned and explicitly cited the pay. The latest is James M. McGuire, a judge on the intermediate state appeals court in Manhattan, who last week resigned his position at the white marble courthouse on Madison Avenue. His judicial salary was $144,000. He stepped down to be a partner at a law firm, Dechert LLP, where average partner pay is $1.4 million.

New York, as the state with what officials say is the longest judicial pay freeze, is the focus of a national debate about whether controversial rulings, court corruption and politicized judicial campaigns have so eroded support for courts that there is no constituency for increasing judges’ pay. “I never expected to get rich as a judge, but I never expected to get poor either,” said Robert A. Spolzino, who resigned as an appellate judge in Brooklyn two years ago to return to law practice.