Judge Pay: Federal Scale, State Salaries, and Retirement

A federal judge’s salary in 2026 runs from $249,900 for a district judge up to $320,700 for the Chief Justice of the United States, with circuit judges and Supreme Court associate justices in between. State judge salaries are set state by state and vary widely, with trial judges in lower-paying states earning roughly $130,000 to $150,000 and state supreme court justices in higher-cost states clearing $200,000. Pay is set by statute, not negotiated, and the Constitution bars Congress from cutting a sitting federal judge’s compensation.

2026 Federal Pay by Level

Every federal judge at a given level earns the same salary no matter where the courthouse sits. A district judge in Manhattan earns the same as a district judge in rural Montana. There is no locality adjustment, which separates judicial pay from almost every other federal position.

  • Chief Justice of the United States: $320,700
  • Associate Justices of the Supreme Court: $306,600
  • Circuit Judges (Courts of Appeals): $264,900
  • District Judges (trial courts): $249,900

These figures come from the annual salary table maintained by the Administrative Office of the U.S. Courts, with adjustments authorized under 28 U.S.C. §§ 5, 44, and 135.1United States Courts. Judicial Compensation

Bankruptcy and Magistrate Judges

The salaries above apply to Article III judges, who hold lifetime appointments. Two other categories of federal judges serve fixed terms and earn less. Full-time bankruptcy judges and full-time magistrate judges both receive a salary equal to 92 percent of a district judge’s pay.1United States Courts. Judicial Compensation2Office of the Law Revision Counsel. 28 USC 153 – Appointment, Tenure, Residence and Salary of Bankruptcy Judges3Office of the Law Revision Counsel. 28 USC 634 – Compensation of Magistrate Judges Part-time magistrate judges earn less again, with the Judicial Conference setting their pay at no more than half the full-time rate.

How the Number Changes Each Year

Federal judges don’t negotiate contracts or get performance raises. Their pay changes through an annual cost-of-living adjustment built into a formula Congress created in the Ethics Reform Act of 1989. That law raised judicial pay by 25 percent effective in 1991 to narrow the gap with private-sector legal salaries, and it set up an automatic adjustment going forward.4Congress.gov. HR 3660 – Ethics Reform Act of 1989

The formula lives in 28 U.S.C. § 461. Each year, judicial salaries rise by the percentage change in the Employment Cost Index (a measure of private-sector wages) minus half a percentage point. The increase cannot exceed the General Schedule raise given to other federal employees, and it cannot drop below zero.5Office of the Law Revision Counsel. 28 USC 461 – Adjustments in Certain Salaries In practice, Congress has sometimes blocked or delayed those adjustments during budget fights, which is why judicial pay has occasionally stalled for years at a time.

The Floor the Formula Cannot Breach

One rule overrides the rest. Article III, Section 1 of the Constitution says judges “shall, at stated Times, receive for their Services, a Compensation, which shall not be diminished during their Continuance in Office.”6Library of Congress. Compensation Clause Doctrine Congress can freeze judicial pay. It cannot cut it. The automatic COLA statute carries a safety valve: if applying the formula would somehow reduce a judge’s salary, the reduction does not take effect.5Office of the Law Revision Counsel. 28 USC 461 – Adjustments in Certain Salaries

State Judge Pay

State judicial compensation looks nothing like the federal system. There is no national scale. Each state sets its own numbers through its legislature, a judicial compensation commission, or some mix of the two, and the results spread widely. State supreme court justices in higher-cost states can clear $200,000, while general jurisdiction trial judges in lower-paying states may earn around $130,000 to $150,000 for comparable workloads. The National Center for State Courts has tracked these numbers since 1974 and publishes a biannual ranking of all 50 states.

A few structural patterns explain the spread. Some states peg judicial pay to a percentage of the governor’s salary or to a specific pay grade in the state employee system. Others rely on independent commissions that review economic data and recommend adjustments to the legislature. The commission route tends to produce more regular raises because it takes some of the politics out. When raises require a direct legislative vote, they can stall for years, especially during budget shortfalls.

Within any state, pay follows the court hierarchy. Supreme court justices sit at the top, intermediate appellate judges in the middle, and general jurisdiction trial judges at the base. Funding comes mainly from the state’s general fund, supplemented by court filing fees, criminal fines, and in some cases federal grants.

What Judges Keep After Leaving the Bench

The Rule of 80

Federal judges with lifetime appointments can retire on full salary under what’s informally called the Rule of 80. The name comes from the eligibility math: a judge qualifies once their age plus years of service total at least 80, with a minimum age of 65. The specific combinations are set out in 28 U.S.C. § 371:

  • Age 65 with 15 years of service
  • Age 66 with 14 years
  • Age 67 with 13 years
  • Age 68 with 12 years
  • Age 69 with 11 years
  • Age 70 with 10 years

A judge who hits those thresholds can either retire fully or take senior status.7Office of the Law Revision Counsel. 28 USC 371 – Retirement on Salary; Retirement in Senior Status

Senior Status

Senior status lets a judge scale back from a full caseload while keeping the title, the chambers, and the full salary. The condition is that they keep working. A senior judge must be certified each year as handling courtroom work equal to at least three months of what an average active judge handles, roughly a quarter of a full load.7Office of the Law Revision Counsel. 28 USC 371 – Retirement on Salary; Retirement in Senior Status The arrangement cuts both ways: the courts retain experienced judges, and the president gets a vacancy to fill with a new appointment. Senior judges handle a substantial share of the federal caseload in any given year.

State retirement systems look different. Most states run defined-benefit pension plans that require long service to reach the top payout, with judges contributing a percentage of salary throughout their career. Rates and benefit formulas vary by state.

Survivor Annuity

Federal judges can opt into the Judicial Survivors’ Annuities System, which pays income to a surviving spouse and dependent children. Participation is voluntary and must be elected within six months of taking office, getting married, or being elevated to a higher court. Active and senior judges who participate contribute 2.2 percent of salary; fully retired judges contribute 3.5 percent of their retirement salary.8Office of the Law Revision Counsel. 28 USC 376 – Annuities for Survivors of Certain Judicial Officials The surviving spouse’s annuity is based on the judge’s three highest-earning years, multiplied by years of creditable service, and ranges from 25 to 50 percent of that average salary. Federal judges also have access to the Federal Employees Health Benefits program and the same life insurance options as other federal employees.

Why the Number Stays Below Private Practice

The ongoing tension in judicial compensation is the gap between a judge’s salary and what the same lawyer could earn in private practice. Most federal judges were accomplished attorneys before joining the bench, and many left partnerships at firms where senior partners routinely earn seven figures. A district judge at $249,900 in 2026 earns roughly what a mid-level associate makes at a large national firm. The gap has widened and narrowed over the decades. It has never closed.

This affects who is willing to take the job. Chief Justices have periodically called the pay gap a crisis, warning that talented lawyers decline nominations or leave the bench early to return to private practice. The counterargument points to lifetime tenure, a generous retirement package, prestige, and intellectually varied work that most firm partners never see. The structural gap is real, and it shapes the applicant pool in ways that are hard to measure but easy to feel.