In November, the U.S. Department of Justice filed
an appeal after a U.S. District Court decision favored the judges. In January, the judges
filed their response, which was followed by the amici curiae brief from 12 state and local
bar associations supporting the judges.
The Federal Bar Association, the Connecticut Bar Association,
the Bar Association of San Francisco, the Federal Bar Council in New York City, and The
Association of the Bar of the City of New York have joined the brief, which includes the
original seven state and local bars led by the Chicago Bar Association. The parties are
now awaiting word from the U.S. Supreme Court on the appeal, according to Richard William
Austin, a Chicago lawyer who coordinated the bars’ effort.
In July, the U.S. District Court in Washington, D.C., decided
the case, Spencer Williams et al v. the United States, in favor of 20 federal judges
nationwide who sought cost-of-living adjustments (COLAs) and back pay totaling millions of
dollars.
The case was originally filed in December 1997 because the
judges did not receive raises of 2 to 2.3 percent while other federal employees received
raises, in violation of the Ethics Reform Act of 1989. While the case involves the years
1993 to 1997, the judges did receive a 2.3 percent raise for 1998. However, in 1998,
Congress blocked a 3.1 percent COLA for 1999.
In addition to the time period at issue, the District
Court’s ruling affected the 1999 COLA, which was not part of the original case. As a
result of this decision, federal judges received corrected salaries.
(See "Bar associations help federal judges win
raises," Bar Leader, December 1999, p. 16. Also, "Bars file amici curiae brief
to support cost-of-living raises for judges," Bar Leader, Spring 1999, p. 4.)
The author is the reporter for Bar Leader
