Judicial systems are fundamental elements of both the US and Texas constitutions. The developers of these documents were undoubtedly well aware of the importance of a judicial system in sustaining the stability that is necessary for a society to function properly. A court system also plays a vital role in supporting the economic growth and prosperity of a nation or a state.
Fairness, efficiency, and predictability of the legal process are essential for the competitive landscape in today’s complex global environment. Without these factors, businesses could incur additional risks and costs which would limit their ability to survive and remain profitable.
Indeed, the legal climate of a state is integral to economic development as it has become a key consideration in site selection for business relocations, retentions, and expansions. On the other hand, an uncertain judicial system creates a disincentive for innovation and can lead to substantial losses in productivity.
These matters are a central focus of the myriad judicial reform initiatives being considered or underway across the United States. Regardless of what legislation is enacted; however, its effectiveness is ultimately dependent upon those who administer the process.
Experienced jurists at the trial and appellate levels of the Texas state court system, supported by appropriate staffing and technological resources, are indispensable to creating and maintaining a positive environment for resolving legitimate disputes and assuring public safety. They are also highly important in enabling investment decisions to be made in a stable framework and, thus, promoting economic development.
In recent years, judicial compensation across the US has lagged inflation as well as the salaries of professionals with comparable experience in the private sector. This circumstance has been particularly acute in Texas, where salaries of judges ranked at or near the bottom of the other 10 most populous states. The fact that the Lone Star State has a relatively high level of court filings in comparison with other states, yet has far fewer trial judges, exacerbates the situation.
Until the recent passage by Texas lawmakers of a bill to boost salaries of state judges by about 23%, judicial compensation in Texas had been constant since 1999. The result was that the real purchasing power (inflation adjusted) of our state jurists had declined some 15% over the past seven years or so. Given this pattern, it is not at all surprising that the time Supreme Court and Appellate Court justices spend on the bench was a relatively short six to 12 years. Trial Court judges serve approximately two terms or eight years.
The new compensation levels for state jurists may help remedy this situation by helping to keep judges on the bench and broadening the pool of competent candidates seeking offices. By reducing turnover, the Texas system can maximize the desired benefits of stability, predictability, and productivity that are highly valued by constituents, but can only be accomplished through experience and longer terms of service.
Without improvements in judicial compensation, the Texas system would have eventually been impacted by less-experienced and less-qualified persons in judicial positions as well as an increased tendency by jurists to leave the profession for more lucrative opportunities. It could also have resulted in the creation of an affluent or elitist judiciary as only those with substantial income or wealth from other sources could afford to serve. Fortunately, the increase in salaries for those on the state benches helps reduce these possibilities. There is still much to be done in terms of staffing and resources, but this measure was extremely important.
Investing in the state court system by increasing the compensation for judges at the trial and appellate levels is a move in the right direction. It will lengthen jurists’ tenure and increase efficiency, thereby affording Texas an excellent opportunity to enhance its economic environment and further increase its competitive advantages on a national and global scale.