"I know better than anyone that no one becomes a judge to get rich . . . but I am concerned about trends and morale," Justice Christine Durham said in her State of the Judiciary speech to the Legislature. "I want us all to be confident that we can attract and keep the best and the brightest."

In a Utah Bar Association survey, 40 percent of lawyers potentially interested in becoming judges ranked "increasing compensation" as the most important factor in getting high-caliber applicants, she said. "Several of our very able, senior, well respected judges have left the bench to return to private practice."

A deadline for applicants for a 7th District judgeship recently had to be extended because the opening drew only five of the necessary nine applicants.

Sen. Greg Bell, R-Fruit Heights, a member of the Judiciary, Law Enforcement and Criminal Justice Committee, agrees the enormous amount of money available in private practice has diverted some of the state's best minds away from the bench. "She's spot on," Bell said of Durham's address. "We have seen a real decrease in applicants."

Judges earn about $110,000 annually, Bell said, less than half what many experienced attorneys make in private practice.

"You aren't ever going to compete with the private sector," said Sen. Michael Waddoups, R-Taylorsville, who is also a member of the Judiciary panel. But he agreed the pay gap needs to be closed. Gov. Jon Huntsman Jr. has recommended an 11 percent increase in the judiciary compensation budget.

Durham also called for increased funding of the Guardian ad Litem's Office that provides representation for children who have been abused or neglected. An audit two years ago found the office is under funded to the point of being unable to fulfill all its mandated duties.

"Without a positive response [from the Legislature] it seems clear that services to children and the quality of their in-court representation will deteriorate as caseloads grow," Durham said.

Finally, the state's top judge said she is distressed by recent surveys indicating half of Americans get their knowledge of the judicial system from television dramas.

"I try to avoid these programs myself," Durham said, "but I've seen enough to know that Judge Judy and her cohorts bear no resemblance at all to the professional, dedicated judges and staff in Utah's courts."