Question

9) How would judicial behavior be altered if judges’ salaries were a percentage of litigants’ filing fee?

Answer 1

In litigation, there are three relevant actors namely the plaintiff, the defendant, and the court. The plaintiff and the defendant pays a filing fee required by statute. If any of them is unable to pay the fee may file a request to proceed in forma pauperis. Assuming that salaries were a percentage of litigants filing fee then most judges would be reluctant in waiving the fees. Also the mediation, arbitration, and other forms of alternative dispute resolution, primarily designed to produce a resolution of a dispute without the requirement for trial or other court fees proceedings will not be that effective.