 Hello, I'm Dan Cunningham in Washington. Accepting an invitation from Senate Judiciary Committee Chairman Patrick Leahy, Justice Anthony Kennedy testified before the committee on February 14. For more than 90 minutes, the Justice commented on a wide range of topics with the Senators, including judicial independence, security for judges and their families, televised coverage of Supreme Court oral arguments, and judges' pay. On that last topic, Judges' Pay, Justice Kennedy urged prompt action by Congress. But as you mentioned, Mr. Chairman, the condition of our salaries is something that requires discussion. It's a subject that is frankly most awkward for me to talk about, and yet it's a sensitive subject that I think we should discuss in a candid and frank way. The raw fact is that the congressional policy with reference to judicial compensation is threatening the excellence of our judiciary. Judicial independence presumes an excellent judiciary. I've got some graphs in the statement, and it shows that the real income of the average American worker has risen by 15 percent, and the real earnings of the judiciary and the Congress has decreased in the same period of time by 25 percent. That's a 43 percent differential, and if and when this committee recognizes the urgent action is required, just as urgent action is required for the security measures that you're considering in the bill today. It's very important that you keep in mind the objective of restoring the judiciary to its preeminent place. $160,000 for a district judge, the present salaries. Sounds like a lot of money the average American and it is, but it's insufficient for us to attract the finest members of the practicing bar to the bench. The justice set a major problem has been the tradition of linking the pay of federal judges to congressional salaries. I think it's been a failed policy for both sides of the bargain, and I understand that Congress maintains two residences. They have tremendous travel expenses that we don't. So that's a problem that should be addressed. On the other hand, we simply can't wait another 20 years, and we have benchmarks. I think you should set judicial salaries and then in due course, whenever in your discretion you decide to do so, set congressional salaries as well. But the so-called linkage has been unfortunate and it has hurt the judiciary very, very badly, and I think it's quite unprincipled and quite unfair. Some of the senators said they agreed with points made by Justice Kennedy. The compensation issues are critically important and we need to address the concerns that you have brought out. Reporting from Washington, I'm Dan Cunningham.