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NYCLA WANTS JUDGES TO MAKE MORE

New York County Lawyers' Association

MESSAGE FROM NYCLA PRESIDENT JAMES B. KOBAK JR.

Dear Members,

I'm pleased to report that on November 30, the New York Legislature passed a bill approving the creation of a Judicial Salary Commission that will set new salary levels for New York's judiciary once every four years. Governor David A. Paterson is expected to sign the measure. NYCLA applauds the Governor and the Legislature for their efforts. Below is the statement NYCLA issued expressing its support.

 

NYCLA Statement

 

NYCLA has long advocated fair compensation for judges and we applaud the action of the Governor in establishing an orderly process for determining the compensation of New York judges as a coordinate but independent branch of State government. Over the years, we have recommended that legislation dealing with judicial compensation in a fair and independent manner divorced from short-term political considerations be passed and filed an amicus brief in Larabee v. Governor challenging inaction on the question of raising judicial salaries to minimally reasonable levels. We are pleased that the Commission will consider such factors as economic climate, inflation rates and compensation levels of other public officials, as well as those in the private sector, in determining whether to adjust jurists' salaries.

 

Over the past five years, NYCLA's advocacy has included:

 

NYCLA's 2005 Resolution supporting judicial pay raises stated, in part: "The pay disparities between federal district judges and judges and justices in the New York State Unified Court System are demoralizing, disrespectful and discouraging, as is the fact that other state employees have received raises while state judges and justices have not."

 

NYCLA's Amicus Brief in Larabee v. Governor, filed in November 2008, argued that the failure to raise judicial salaries in New York violated the separation of powers doctrine in the New York State Constitution. On February 23, 2010, the Court of Appeals ruled that "as a matter of law, the State defendants' failure to consider judicial compensation on the merits violates the Separation of Powers Doctrine." [emphasis added]

 

NYCLA looks forward to the work of the Commission.

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