Saturday, January 06, 2007

Who earn more: Professional referees or Canadian jurists?


If one were mapping out a career as a "third party neutral" and one were motivated by status, income and leisure, what would one aspire to be? Sports is one option as a referee or umpire. Another could be mediation. Yet another could be if one were appointed to the judiciary.

Leaving aside mediation as well as leisure question which is har to measure (apart from the fact that NFL football referees work less - 16 games give or take), how would the incomes of judges in Canada compare to those of professional referees?

The salary of a federally appointed judge is $216,600 CDN (other than a chief justice or a judge of the Supreme Court of Canada). A Chief Justice of a Supreme Court earns $278,400 per annum. Other Justices of the Supreme Court make $257,800.

NFL referees currently earn between $42,295 and $120,998 US per season. Major League baseball umpires earn anywhere from $100,000 to $280,000 during a 162 game season, plus they get a generous expense account. NHL officials make between $115,000 to $220,000 US per season, based on experience. Professional referees also have to do extensive travel.

If the ego of a professional referee were to get out of check, the league would find some accountability; perhaps they would not work the full playoffs. There seems to be an internal way that works, because variations in how to call games seems to be tightly controlled centrally. Professional referees need to work hard to make the "big leagues" by demonstrating an ability to be fair and neutral, as well as an ability to manage games effectively. Merit demonstrated by strong performances year after year will keep them at the top, even though others certainly aspire to replace them.

For aspiring judges there is no real way to be appointed apart from "who you know". Judicial immunity and the weight of the law makes it less important for judges than for refs to be anything but authoritative. Refs seem to need to primarily encourage voluntary compliance under the threat and enforcement of punative measures that correspond with an agreed upon set of rules.

With judges, there is also no direct accountability because judicial appointments are for life (or 75 years of age typically). Does judicial review provide any real accountability? The Governor General along with the House of Commons and the Senate could remove a judge in deriliction of duty, but this has never been attempted in Canada Is it then even an accountability option? Perhaps it is now because the technical mechanism to find justice for judges has now been mentioned here.

After considering job security, benefits, and other factors, the life of a Canadian judge looks pretty good. When compared directly, how does the guaranteed and much longer career of a judge look in comparison with the career of a professional referee ?

51 comments:

Devin Maxwell said...

EV:

How long does a referee need to go to school to earn his/her qualifications? How long does a referee need to work before he/she can become a referee? How many months of the year does a referee work? How many hours a week does a referee work? What impact does a referee's work have on Canadian society.

This is a ridiculous, or ridonkulous as the kids would say, argument.

Two more points... One, NFL referees only work part time. Most have full time jobs outside the NFL. Two, judges are often asked to take a significant pay cut in order to sit on the bench. In private practice, a lawyer of the caliber to be considered for the judiciary has the ability to earn a heck of a lot more than $250k per year.

I am not sure where the hate you have for our judges comes from but, as a lawyer who has worked closely with many, I can assure you that they do a good job for which they are underpaid.

Edgewater Views said...

Devin:

As much as I want to politely point out that you missed my point, what I most want to know is why you interpret the "accountability of transparency" in lieu of any practical accountability for judges as "hate"? This is naive.

I am sorry if some of my posts "rattle" your particular view of the world. However, in putting all "elitism" and "entitlement" aside, what is wrong with questioning the extent to which there is too much "who you know" in these appointments, and often an absence of appropriate merit in judicial appointments - and they are for life.

It should not be about which law firm donates(ed) the most money to the party in power (which was formerly common). Who else is bestowed such privileges in society and why? This not about generating revenues for the legal industry, or is it?

How do four posts get in the way of the seemingly "untouchable" view you have of the judiciary, which seems a little too elitist and romantic to me?

You and I share more than our having both spent time in the wonderful Lac Saint Louis riding. I grew up (for 12 years in a row) attending as a youth every June the Bar Convention at the Algonquin Hotel not too far from you. What a party! And, the children of the law and judiciary nearly destroyed that place every year.

I know persons who were judges and persons who have become judges and there is much to admire, sometimes. However, these are people who put their pants on one leg at a time, who have there own way of looking at the world, and who usually have been appointed for other reasons, with perhaps a "dash" of merit.

After having grown up with lawyers and the law and after having studied many aspects, including the "philosophy of the law", what I notice most about lawyers is this (with all due respect): many assume that first the law was written and then the world was created. Anyone who thinks about this for more than a few seconds (and leaves aside the "brainwashing" of that insitution) will know what I am getting at.

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