Judges' Pay Suit Is On Hold Until After Legislature Adjourns

Judges' Pay Suit Is On Hold Until After Legislature Adjourns


Chief Judge Judith S. Kaye - who sued Governor Paterson and the State Legislature because they balked at granting state judges their first raise in a decade - will have to wait for her day in court after one of those judges denied her request for an expedited trial before the Legislature went home for the year.

JUDITH S. KAYE: Wheels grind slow for Justice.

In his ruling, Manhattan Supreme Court Justice Edward H. Lehner said, "The request was 'not appropriate' because 'the appropriate manner' in which to proceed is to file a motion."

"We are disappointed the judge did not order a trial in early June, before the Legislature adjourns, for we believe that would have brought the matter to a prompt conclusion," said Bernard W. Nussbaum, Ms. Kaye's lead counsel. State legislators are expected to adjourn for the year June 23.

'Raises Hostage to Politics'

Judge Lehner has scheduled hearings through mid-July, where both parties will submit motions and counter-motions regarding the merit of the case - the defense will likely ask for an immediate dismissal while the plaintiffs ask that a judgment be made in their favor without the need for trial.

The complaint states that judicial raises have been "held hostage to unrelated political initiatives." Often, legislators have tied judicial pay raises to their own in an attempt to make increases politically tenable.

During the April 10 press conference following the filing of the suit, Mr. Nussbaum pointed out that unlike judges, legislators are allowed to earn outside income, and often make several times their $79,500 salary practicing law.

Before he was forced to resign in March, Governor Spitzer had backed the hike for judges but conditioned a legislative raise on winning ethics reforms.

Mr. Paterson soon after taking office said the state's fiscal condition was too shaky to boost legislators' pay - which prompted Ms. Kaye's lawsuit. The suit is asking for raises to $169,300 for state judges, putting them on par with Federal judges.

Governor Paterson, Assembly Speaker Sheldon Silver and State Senate Majority Leader Joseph L. Bruno are expected to be called by Mr. Nussbaum to testify.