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Decisions of Interest

By ALM Staff | Law Journal Newsletters |
April 28, 2008

Chief Judge Kaye Sues to Force Pay Raise for Judges

On April 10, Chief Judge Judith S. Kaye filed a lawsuit in Manhattan Supreme Court against the state to attempt to force the legislature and the governor to give state judges a pay raise. The move came a day after the legislature failed once again to raise judges' pay when passing the year's state budget. Although they did write in a pay raise, retroactive to Jan. 1, 2008, the state's legislators failed to appropriate funds for it, rendering the raise a phantom promise. With pay remaining stagnant since the last pay raise, in 1999, the complaint charges that judges have seen their income decrease by 26%, due to inflation. The argument, therefore, is that the legislature, in failing to secure raises for the judiciary, has violated the state's constitution, which prohibits diminishment of judicial pay. The complaint also charges that the legislature's failure to act jeopardizes its constitutional obligation to provide for an independent judiciary.

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