By Mark Scott
Albany, NY – The state's highest court ruled Tuesday the State Legislature was wrong to tie judges' pay raises to lawmakers' raises and issues such as campaign finance reform. The Court of Appeals told lawmakers they should consider raises for the state's 1,300 judges but stopping short of ordering the Legislature to do it.
In three separate lawsuits, several judges claimed the Legislature's failure to increase judicial pay for more than a decade violated New York's constitution. Two midlevel courts agreed, though a third rejected the claim.
The high court concluded linking judicial raises to lawmakers pay violated the doctrine of three separate but equal branches of government.
"Because the Separation of Powers doctrine is aimed at preventing one branch of government from dominating or interfering with the functioning of another coequal branch, we conclude that the independence of the judiciary is improperly jeopardized," Judge Eugene Pigott, Jr. of Buffalo wrote. Four other judges agreed.
Chief Judge Jonathan Lippman, a plaintiff in one of the suits, did not participate.
In a lone dissent, Judge Robert Smith said he shares his colleagues dismay at the Legislature's failure to deal with judicial salaries, but he disagrees that any of its actions are unconstitutional.