Lack Of Raises For NY Judges Ruled Unconstitutional

By Jocelyn Allison

Law360, New York (February 23, 2010, 6:18 PM ET) -- New York's highest court ruled Tuesday that the failure of state lawmakers and governors to increase judicial pay for more than 10 years violates the separation-of-powers doctrine in the state constitution.

In a 5-1 decision the New York Court of Appeals said the state had undermined the judicial branch's independence in tying pay raises for legislators to increases for the state's 1,300 judges, whose salaries have been frozen since 1999 despite rising caseloads.

“Simply put, by failing to consider judicial compensation increases on the merits, and...
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