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Law Day 2003 Winning Essays

State of Michigan Law Day 2003 Essay Contest, First Place, Seventh Grade Category
by Andrew Michael Marquardt

The Gagie School - Kalamazoo, Michigan - teacher: Mr. Joe Meyers

Should upset taxpayers write to congressmen asking that a federal judge's salary be reduced because that judge has financially burdened their school district with his court ruling?

    The judicial system should remain independent and not be affected by choices that affect the judge's pocketbooks. If a judge makes an unpopular decision that will cost taxpayers, the taxpayers should not and cannot lower that judge's salary.

    The United States courts are impartial. Their decisions are not influenced by anything except the law and precedent. If angry taxpayers could go to Congress and ask to have a judge's salary reduced, this could influence a judge to make decisions that will keep the taxpayers happy and his paycheck strong, making the courts no longer independent. Judges protecting their wallets instead of the people's rights may end up making disastrous decisions and the independent legal system we have worked so hard to achieve for over 225 years would fail.

    If unhappy with the judge's ruling, a person or group could always appeal to a higher court, and then possibly the federal Supreme Court. Lowering one judge's salary is pointless if the person or group could appeal up to the state supreme court and possibly win. Judges will make bad decisions; it is inevitable, but through their eyes their choice is the right choice. It is what upholds the law and the people's constitutional rights. This is the beauty of our independent courts: that they are independent, not influenced by political figures, popular opinion or money.

    If a judge's salary could be affected by taxpayers in that judge's jurisdiction, then he or she would most likely favor the taxpayers in the area if they came to court. Trials would not be fair and the judgment of our judges would no longer be trusted.

    Finally, stated in the U.S. Supreme Court case United States v. Will, 449 U.S. 200,218(1980), judges salaries shall not be diminished during their Continuance in Office under the Compensation Clause of the Constitution. This means that, by law, as long as a judge is in office his salary cannot be reduced.

    Upset taxpayers should not be able to and legally cannot go to Congress and have a judge's salary reduced because in their opinion the judge made a bad decision that will cost them money or alter where their tax money goes. We must keep our courts independent.