The legislature's decade-long failure to give the state's 1,300 judges a raise violated the separation of powers doctrine by subordinating the judges to the "whims and caprices" of politicians who continually linked their pay to unrelated issues, a Manhattan-based appeals court ruled unanimously yesterday. The panel gave the Legislature 90 days to adjust judicial compensation to reflect an approximately 30 percent increase in the cost of living since 1998, when the last judicial raise was enacted. However, with Albany officials unwilling to grant raises in the midst of a recession, the question apparently is headed for a final showdown at the Court of Appeals.
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First Department Backs Pay Raise for Judges
New York Law Journal
June 3, 2009
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