Crist asked the justices for an advisory opinion after William Abramson defeated Circuit Judge Richard Wennet in November's election. Abramson was declared the winner by 61 votes after a third recount.

In December, though, the Supreme Court suspended Abramson from practicing law for 91 days over a 2005 outburst in Wennet's court. Even after the 91 days are up, Abramson cannot practice law unless reinstated by the Florida Bar.

In a letter Wednesday to Crist, the justices wrote it's "common sense" that Abramson also cannot preside over a court he cannot practice before.

In his new job, Jenkins must periodically face the voters, but he reaped one immediate benefit — a 20 percent jump in his annual salary.

Jenkins' case highlights what Chief Justice John Roberts and many other federal judges have identified as an emerging crisis — the failure to pay judges enough to keep them on the job and lure talented lawyers from private practice to the federal bench.

Not everyone sees it the way Roberts does. Committees in the House and Senate this year voted nearly 30 percent salary hikes for federal judges, but neither house of Congress acted on the measure.

Judges last received a substantial pay raise in 1991, although they have been given increases designed to keep pace with inflation in most years since then.

For 2009, though, judges are alone among federal workers — members of Congress included — in not getting a cost-of-living adjustment. Lawmakers get their COLA (cost-of-living allowance) automatically — $4,700 for 2009 — but they refused to authorize the same 2.8 percent bump for judges.

"Federal judges are currently under-compensated because Congress has repeatedly failed to adjust judicial salaries in response to inflation," said James C. Duff, director of the Administrative Office of the U.S Courts. "By its failure to do so once again, Congress only exacerbates a long-standing problem it must someday address."

Duff acknowledged that the current economic turmoil makes the judges' case harder. After all, federal trial judges are paid $169,300 a year, have lifetime job security and can retire at full salary at age 65 if they have 15 years in the job. Appellate judges make more, ranging up to Roberts' salary of $217,400.

But those salaries, large as they are, are much smaller than what judges' peers make in private practice. Attorney General-designate Eric Holder said his partnership at the law firm of Covington & Burling earned him $2.1 million this year. Attorney General Michael Mukasey, who retired as a federal judge in 2006 after 18 years, made nearly $2 million in 21 months at a New York law firm.

U.S. District Judge Samuel Kent was indicted last week on what he called "flagrant, scurrilous" charges following a Justice Department investigation into complaints by case manager Cathy McBroom.

"I plead absolutely, unequivocally not guilty and look very much forward to a trial on the merits," a feisty Kent told 5th U.S. Circuit Court of Appeals Judge Edward Prado, brought to Houston to hear the case.

Kent was released on his own recognizance and did not speak to reporters. His wife, Sarah, attended the hearing and the couple left the courthouse holding hands.

"The charges are lies. He's now eager for his day in court," Kent's attorney, Dick DeGuerin, said after the hearing.

Prosecutors wouldn't comment after the hearing.

Kent, 59, faces two counts of abusive sexual contact and one count of attempted aggravated sexual abuse. If convicted of attempted aggravated sexual abuse, Kent could face up to life in prison and a fine of up to $250,000. Each of the two counts of abusive sexual contact carries a sentence of up to two years in prison and a fine of up to $250,000.

McBroom accused the judge of physical sexual harassment over a four-year period starting in 2003 when he was the only U.S. district court judge in Galveston, an island beach town 50 miles southeast of Houston.

Patrick Meehan is to be a shareholder in the Philadelphia-based professional corporation starting Monday. He is to handle white-collar criminal defense, internal corporate investigations and corporate commercial litigation.

Meehan's decision to join Conrad O'Brien was announced Wednesday, the day after his last day as U.S. attorney for the Eastern District of Pennsylvania. He had served in that job since 2001 and was the district attorney of Delaware County before that.

There has been widespread speculation that Meehan will seek the Republican nomination for governor in 2010.

The oldest two justices — half the court's liberal wing — top the list of those considered likely to retire during the next presidential administration. Despite Stevens' and Ginsburg's apparent vigor, change on the Supreme Court is more likely than not over the next four years.

"One would think that over the course of the next four years the actuarial tables would catch up with the oldest members, as they do for us all," said Pepperdine University law professor Douglas Kmiec.

With five justices 70 or older by the time the court meets again in October, interest groups and commentators have been talking about the court's role in the presidential election. One change on a court that divides 5-4 in key cases can alter the results.

But their forecasts depend on three factors: Who wins the presidency, who leaves the court and who is appointed.

Democrat Barack Obama would most likely be replacing liberal justices with like-minded successors. Republican John McCain could get the chance to fulfill a campaign pledge and put a conservative justice on the court in the mold of Chief Justice John Roberts or Justice Samuel Alito.

Alito, among President George W. Bush's two selections, repeatedly has demonstrated the difference one justice can make on a closely divided court. The result in disputes over abortion, religion and school desegregation almost certainly would have been different had Sandra Day O'Connor not retired in 2006.

"Given the likely retirements, the next election probably will determine whether the court gets more conservative or stays ideologically the same," said Erwin Chemerinsky, dean of the law school at University of California, Irvine.

The Supreme Court rarely becomes a big issue in the presidential campaign and this year — with $4-a-gallon gas, steep declines in the stock market and two wars — appears to be no exception.

The one case decided recently that could have elevated the court's importance in the campaign came out in favor of Americans' gun rights, placating the highly energized and politically effective gun rights groups.

If the case "had come out the other way, we'd be having a very different conversation," Thomas Goldstein, a Supreme Court watcher and advocate, told a Federalist Society meeting a week after the guns decision.

The unpredictably of Supreme Court retirements is another reason why the court rarely becomes an issue in presidential campaigns.

What if the justices decide to grow even older together?

It has happened before. Nine of the last 10 justices who retired or died in office were at least 75; six of those were 79 or older.

No one left the court during President Carter's four years in office, President Clinton's second term or Bush's first.

On the other hand, six justices ranging in age from 76 to 85 stepped down between 1986 and 1994, spanning three presidencies.

Bush had two appointments in the space of three months in 2005. He filled them with two men in their 50s, Roberts and Alito.

Goldstein predicts only Stevens will retire during the next four years and not before he surpasses Oliver Wendell Holmes — who stepped down two months shy of his 91st birthday, in 1932 — to become the oldest sitting justice. That would happen in February 2011.

Goldstein's views shifted as he watched the court over the past year. He used to expect the retirement of three justices — Stevens, Ginsburg and Justice David Souter. Though only 68, Souter has made no secret that he prefers New Hampshire to Washington and intends to return there someday.

But justices find it hard to leave the court unless they're in poor health, Goldstein said.

Chief Justice William Rehnquist didn't retire even after he was diagnosed with cancer. His death in 2005 created the second vacancy for Bush.

The FEC convened for the first time in more than six months, a period of inactivity caused by a confirmation standoff in the Senate.

With four of six commissioners new to their jobs, the FEC faces a backlog of work that has accumulated during an election year marked by a hard-fought and financially record-breaking presidential campaign.

Among the top issues the FEC must sort through are a Supreme Court decision invalidating a campaign finance law that governs congressional contests involving wealthy candidates who spend large sums of their own money. It also is behind schedule in writing rules addressing candidate air travel as well as new rules on lobbyist fundraisers.

McGahn, general counsel to the National Republican Congressional Committee since 1999, also represented former House Majority Leader Tom DeLay, R-Texas, on a number of federal campaign finance related matters. DeLay is awaiting trial in Texas on unrelated state campaign finance charges.

Watchdog groups such as Common Cause opposed McGahn's nomination, citing his association with DeLay.

But McGahn also had support from Democrats, including campaign election lawyer Robert Bauer, who is counseling Barack Obama's presidential campaign.