State supreme courts throughout the United States are confronting significant challenges related to funding and access to justice, as highlighted by recent addresses from Chief Justice G. Richard Bevan of Idaho and Justice Marla Luckert of Kansas.
During the annual State of the Judiciary address on Wednesday, Bevan made the urgent case for raised salaries for judges, stating, “Most judges in the states surrounding Idaho are paid 10-to-40% higher and civil private practice is the field with the highest pay disparity between judges and experienced attorneys.” Idaho currently ranks 48th out of 53 states and territories for district judge salaries, placing immense strain on the state's judicial system. The pressures of low compensation, increased caseloads, and the complexity of cases are driving experienced judges out of the profession, he lamented.
Bevan's address to state legislators articulated the long-standing issues surrounding pay. He noted, “At current salaries, the cost of housing and other life expenses…discourages attorneys from seeking the bench.” This has resulted not only in recruitment challenges but also retention difficulties, with one-third of judges who retired last fiscal year having returned to legal practice where they can earn more money. The chief justice underscored, “Experienced judges are leaving office early. Experienced attorneys are less interested in replacing them.”
Bevan proposed substantial increases to judicial salaries, calling for the pay for Idaho Supreme Court justices to rise from $169,508 to $215,000, along with similar raises for other court judges. He also recommended establishing an independent committee to review judicial pay, similar to the committee aiding legislative salary adjustments.
On the other hand, Kansas’ Chief Justice Luckert addressed lawmakers with her own pressing concerns, framing the judicial future of the state as grim because of the widening justice gap. “Sadly, if we maintain the status quo, the dream of having equal justice under the law is at risk,” she warned. The stark divide between those with means to access legal services and those who cannot afford them or find representation is growing, particularly impacting residents of rural Kansas.
She painted vivid pictures of individuals struggling to navigate the legal system, stating, “I think of the young mother with small children…who…has no money, no food, no car.” These narratives exemplify the dire consequences of insufficient legal access; many people simply cannot afford legal representation or lack the means to contact and engage with attorneys.
Luckert and Justice K.J. Wall have recently unveiled a report detailing the attorney shortage across rural Kansas, where 84 of the 105 counties are classified as rural. Shockingly, only 21% of active attorneys serve approximately 45% of rural residents, with some counties having fewer than one attorney per 1,000 residents, and two counties lacking any attorneys altogether.
Highlighting the urgency to prevent crossing the threshold of constitutional crisis, Luckert expressed hope for legislative solutions including incentives for new lawyers to practice in rural areas, proposing tuition reimbursement for law school graduates willing to work outside metropolitan centers. She lamented, “One of the findings we uncovered was…lack of engagement with K-12 students about pursuing legal careers.” Luckert urges increased outreach to younger generations to inspire future legal professionals.
Both justices’ pleas for reform aim to rally legislative action to tackle these pervasive issues. While Idaho struggles with the attrition of experienced judges and insufficient pay, Kansas faces the sobering reality of underserved populations unable to access the fundamental legal resources they need. The challenges they've outlined aren't merely operational—they directly affect the integrity of the judicial system and the principle of fair legal representation.
The future of these courts hinges on the responses from state legislators, as they convene to discuss budget priorities and judicial reform. With judges advocating for solutions, the coming months will reveal whether states like Idaho and Kansas can effectively address the crisis of funding and access within their justice systems.