Judge orders New York state to raise judges pay after 10 year freeze

NY Daily News ^ | June 11th 2008 | NA

[neverdem]

ASSOCIATED PRESS

A judge has ordered New York's governor, Senate and Assembly to raise the pay of the state's judges within the next 90 days.

State Supreme Court Justice Edward Lehner in Manhattan says the defendants unconstitutionally abused their power by depriving judges of a pay hike for almost 10 years.

He says state legislators illegally linked a judicial salary increase to one for themselves.

Lehner has ordered the state to raise judicial pay to reflect cost of living increases since 1998.

He was ruling on a lawsuit brought by four judges — and acknowledges he would be affected by his own decision.

Chief Judge Judith Kaye is leading a different lawsuit against the Legislature to secure raises. But she has warned judges not to protest through action from the bench.

[JLS]

How could any judge hear a case about his own salary and not violate the cannons of ethics? They need to sue in Federal court if they can find a federal issue.

[VeniVidiVici]

Notice they just wouldn’t quit. Judges need to be taken down a notch or two.

[paul51]

How could any judge hear a case about his own salary and not violate the cannons of ethics?

What makes you think they care about that at all? Nice gig when you can give yourself a pay raise on the taxpayers dime. They learned well from our elected leaders

[taxesareforever]

Now if only we peons had the same authority to raise our pay...

[garbanzo]

More legislating from the bench...

[VR-21]

Pay them what they’re worth, by all means. /s

[fella]

Isn’t that what the 2nd adsmendment is all about. Putting down notches when it is finally past time to do so.

[chaos_5]

If I was the legislator I would raise their yearly pay by a dollar.

[angelsonmyside]

bump

[ALPAPilot]

Memo to all New York Judges:

I order you to pay me twenty dollars each.

Thank you

[doodad]

State Supreme Court Justice Edward Lehner in Manhattan says the defendants unconstitutionally abused their power by depriving judges of a pay hike for almost 10 years

So, the constitution of New York sets forth the pay raises for judges in the state? Or is the judge just trying to override the people's representatives who do not find them worthy of further raises? Hmm, I wonder what the starting salary of judges is in the state?

[17th Miss Regt]

State Supreme Court Justice Edward Lehner in Manhattan says the defendants unconstitutionally abused their power by depriving judges of a pay hike for almost 10 years.

If the legislature did not provide a pay raise for the judges for 10 years through neglect (not passing a pay raise and there is no legal requirement for such a raise) then the most that can be said is that the legislators were negligent, tight-fisted or stupid. In that case, there is no legitimate judicial remedy.

If there was a requirement in the state constitution for pay raises for judges and the legislature acted in defiance of their state constitution, then the judges have a legitimate complaint. But I doubt such a requirement exists.

By going through the court system they have guaranteed a conflict of interest. The best course of action is through the political process, emphasizing the personnel retention aspect. "Keep paying us poorly and we will leave for more lucrative jobs in the private sector. Then who will do your judging?"

[doodad]

I agree wholeheartedly. Same points.

[JLS]

It was more of a rhetorical question to mark this thread for me in case it got interesting.

[bvw]

Andrew Jackson proved right again. The court may rule what ever it wants — that decision alone does NOT make a ruling constitutional. The Executive must assent to the judgment. It is the Executive that carries out law. The courts have no enforcement powers.