NY Budget Ignores Ethics Crisis in State Courts

Lawmakers Pass State Budget Without Pay Raise for Judges
The New York Law Journal by Joel Stashenko - April 10, 2008

The Legislature yesterday passed the 2008-09 state budget, a $121.7 billion spending plan that does not contain a judicial pay raise. The budget does include a provision providing for $48 million for a judicial pay hike retroactive to Jan. 1, 2008, but no funds were appropriated to implement the provision.

The so-called "dry appropriation" was made to preserve the possibility, at least theoretically, that lawmakers could get to a judicial pay increase at some point before the end of this year, said Assemblywoman Helene Weinstein, D-Brooklyn, chairwoman of the Assembly Judiciary Committee.

"It keeps it alive for potential action in the future," she said. "It's a recognition that we understand that there is a need to be addressed." The budget does not mention a pay raise for legislators, a prerequisite among Assembly Democrats for their passage of a pay increase for judges. Neither judges nor lawmakers have had pay increases since 1999.

Chief Administrative Judge Ann Pfau (See Profile) called the latest failure to provide a judicial pay raise "terribly disappointing," but declined to discuss the judiciary's response. Last week, Chief Judge Judith S. Kaye strongly suggested the judiciary was prepared to sue the Legislature and governor this month if there was no pay raise in the fiscal year that began April 1. (NYLJ, April 1)

Assembly Speaker Sheldon Silver, D-Manhattan, said yesterday that litigation by the judiciary would not affect the chances of his chamber returning later this year and appropriating money to make good on the $48 million dry appropriation. "I do not believe there will be any impact on judicial raises as a result of that lawsuit," he said.