A new commission was authorized by Congress in the early 1990s, but never became operational. Although efforts to repeal Sec. 140 and to provide automatic COLAs for judges failed, the 106th Congress passed several significant compensation measures. These included doubling the President s salary beginning in 2001, giving the president authority to authorize annual COLAs for Administrative Law Judges, and approving COLAs for federal judges for fiscal years 2000 and 2001. The Administrative Office of the U.S. Courts distributed the report to every federal judge and the ABA sent the report to Members of Congress, the Administration and other interested entities. Both bills have been referred to their respective Judiciary subcommittees, but have received no action.
Efforts are underway to re-vitalize interest in lagging judicial salaries.
The original lawsuit was filed by a group of federal judges in December 1997 to press their salary case through the courts. The trial court decided in favor of the plaintiffs. The Federal Circuit reversed, holding that even though Congress enacted into law a mechanism for annually adjusting the salaries of judges, the COLAs permitted under the 1989 Ethics Reform Act do not vest until the first day of the fiscal year in question. Consistent with this view, the Court held that it is constitutionally permissible for Congress to deny judges a COLA prior to the time it takes effect. The Court affirmed part of the lower court s opinion, holding that Sec.