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Increasing the compensation of the State?s judiciary

Increasing the compensation of the State?s judiciary
Larabee v Governor of the State of New York, 2009 NY Slip Op 04296, Decided on June 2, 2009, Appellate Division, First Department

Two Family Court Judges, a Civil Court Judge and a Criminal Court Judge, whose salaries are specified in Judiciary Law § 221-e and § 221-g, initiated litigation naming the Governor, the New York State Senate, the State Assembly, and the State of New York as defendants.

The judges seek redress for the failure of the government of the State of New York to enact any enhancement in compensation for members of the State Judiciary. They complain that the defendant?s through their practice of setting judicial salaries by ?linkage? unconstitutionally abused their power in depriving the Judiciary of any increase in compensation for approximately ten years. Essentially the practice of ?linkage? involved tying salary increases for judges to salary increases for legislators.

The judges sought a court order directing the State to ?proceed in good faith to adjust judicial compensation to reflect the increase in the cost of living since 1998.?

Characterizing their lawsuit as asserting the rights of the plaintiff-judges, the Appellate Division said that ?it actually constitutes a legal challenge which pits the New York Judiciary against other branches of the state government.?

The Appellate Division said that the Legislature, by subordinating the Judiciary to ?its whims and caprices in matters of salary adjustments, brings the Judiciary closer to the world of politics than is tolerable for the disinterested functioning of a court system that must act for ?the benefit of the whole people.?? In so doing, the court said that ?The basic tenet of the separation of powers doctrine, to promote and maintain the independence and stability of each branch of government, has been violated.?

The solution suggested by the Appellate Division: As ?Judicial compensation should be as far removed as is practicable from political considerations, it makes sound sense to delegate the issue of judicial compensation to a commission created for that purpose, to analyze and make recommendations to the Legislature on the timing and scope of future increases in judicial salaries?.?

The Appellate Division then granted the judges? motion for summary judgment with respect to their second cause of action, holding that the practice of linkage was an unconstitutional abused power by depriving the Judiciary of any increase in compensation for approximately ten years.

It also directed the ?remaining defendants proceed in good faith to adjust judicial compensation to reflect the increase in the cost of living since 1998? and gave the plaintiff-judges ?leave to apply for consideration of other remedies should the remaining defendants fail to act within 90 days.?

The text of this 30-page ruling, which provides an extensive history of the events leading to this lawsuit and a comprehensive analysis of the issues involved is posted on the Internet at:
http://www.courts.state.ny.us/reporter/3dseries/2009/2009_04296.htm

Full post as published by New York Public Personnel Law on June 03, 2009 (boomark / email).