State judges can sue for pay raise

By MELISSA GRACE - DAILY NEWS STAFF WRITER
The New York Daily News - Wednesday, February 6th 2008

State judges have the right to sue for a pay raise because the Legislature violated the constitutional separation of powers doctrine, a Manhattan appeals court ruled Tuesday. Four New York judges sued Gov. Spitzer and the Legislature last September, claiming their rights have been violated because state judges haven't gotten a raise in nine years.

Justice Edward Lehner said the judges' rights were violated when the Legislature linked pay raises for judges to several bills, including a campaign finance reform bill. The bills did not pass. "It's a wonderful watershed moment for separation of powers," said Tom Bezans, a lawyer representing the suing judges.

"It's the first time a court has suggested the practice linking judicial pay to political issues in the Legislature is inappropriate." Lehner let Spitzer out of the suit, saying he had immunity in the case.