Caught in Political Vortex
Judges Suing State To Compel Raises

By ARI PAUL

A group of four judges, frustrated that overdue pay raises have been stymied by a battle over salary hikes for state legislators, Sept. 12 filed a lawsuit in State Supreme Court in Manhattan against Governor Spitzer on the grounds that the lack of an increase in compensation since 1999 is a violation of their constitutional rights.

GOVERNOR SPITZER: Good case, wrong venue.

"On a constitutional basis, number one, the salaries of judges cannot be diminished during their term in office," said George Bundy Smith, a recently retired State Court of Appeals Judge whose law firm, Chardbourne and Parke, is representing the plaintiffs. "Secondly, based upon the separation of powers, there are separate provisions in the state constitution for the payment of the Governor, the Legislature and judges, and we believe that the linking of judicial pay raises with legislative pay raises is against the constitution, and that's one of things the lawsuit seeks to confirm."

'New Grads Making More'

Mr. Smith went on during a Sept. 14 phone interview, "Because of inflation, the salaries, in effect, have been diminished over the last couple of years to the extent that some of the judges are making less than some people who have just graduated from law school and have not passed the New York State Bar."

The deans of all of New York's law schools had faxed a letter to Governor Spitzer June 15 voicing concern on the issue.

"We are deeply concerned that inadequate judicial salaries will have a lasting impact on both the independence and the quality of New York's bench," the note said. "As legal educators, we seek to imbue our students with deep respect for the legal system; we want young lawyers to strive to become judges. Yet the harsh reality is that few will be able to afford the luxury of what should be the pinnacle of public service."

Kaye Talked Suit

Chief Judge Judith S. Kaye has lobbied for pay increases and has threatened to sue for them, but she is not involved in this case.

U.S. District Court Judges are paid $165,200. Judges in the state earn a maximum of $136,700, according to the New York Times.

The Governor's proposed budget included a $111 million plan to give all state judges an average salary increase of 25-percent retroactive to April 1, 2005, he announced this past January. That proposal did not survive final budget negotiations with the Legislature.

The plaintiffs are City Criminal Court Judge Patricia M. Nuñez, City Civil Court Judge Geoffrey D. Wright and two Family Court Judges, Susan R. Larabee and Michael L. Nenno.

A spokeswoman for Mr. Spitzer told the New York Times that he would like to see judicial pay raises come as a result of the legislative process instead of litigation.