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Tuesday, July 5, 2011

More New York Judges Leave Bench

Pay Frozen, More New York Judges Leave Bench
The New York Times by William Glaberson  -  July 4, 2011

There is perhaps no more fitting finale to a long legal career than a judgeship. Ascending the bench after years appearing before it can bring power, respect, personal satisfaction, reasonable hours and, often, free parking. There have traditionally been few steps beyond: Retirement. Or death.  But across the country — and in New York, more than most places — being a judge has in recent years come with one big negative: the salary. New York judges have not had a raise in 12 years, making the state one of the more extreme examples of a growing pay gap nationally between judges and other professionals, including partners at top law firms, who can earn 10 times the salary of the judge before whom they are arguing a case.  Now, for the first time in memory, judges are leaving the bench in relatively large numbers — not to retire, but to return to being practicing lawyers. Turnover in New York has increased rapidly in the last few years: nearly 1 in 10 judges are now leaving annually, a new study shows.  In New York State, at least a dozen have resigned and explicitly cited the pay. The latest is James M. McGuire, a judge on the intermediate state appeals court in Manhattan, who last week resigned his position at the white marble courthouse on Madison Avenue. His judicial salary was $144,000. He stepped down to be a partner at a law firm, Dechert LLP, where average partner pay is $1.4 million.  New York, as the state with what officials say is the longest judicial pay freeze, is the focus of a national debate about whether controversial rulings, court corruption and politicized judicial campaigns have so eroded support for courts that there is no constituency for increasing judges’ pay. “I never expected to get rich as a judge, but I never expected to get poor either,” said Robert A. Spolzino, who resigned as an appellate judge in Brooklyn two years ago to return to law practice.  Judges in New York were the best paid nationally in the 1970s. But their salaries now are ranked 46th in the country when measured by the cost of living, according to the National Center for State Courts.  Critics contend that some judges do not work very hard and that many of them would never earn the profession’s top pay. Eric A. Posner, a University of Chicago law professor, argued in a law review article in 2009 with two other law professors that there was no evidence that better-paid judges did a better job.  “The absence of raises,” he wrote in a recent e-mail exchange, “is a problem only if judges weren’t overpaid to begin with.”

Indeed, in a series of interviews, judges acknowledged that it could be difficult to make the case for a judicial pay raise in hard economic times. Justices of New York’s highest-level trial court, the State Supreme Court, make $136,700. The chief judge of the state makes $156,000. Across the country, “there is a devaluing of the job that judges do,” so there is little pressure to pay them well, said Seth S. Andersen, the executive director of the American Judicature Society in Des Moines, which studies and evaluates judicial systems.  Current and former judges described the pressures they felt in fending off offers and trying to pay for mortgages and tuition bills. Mr. Spolzino, 52, said he had expected that he would remain until retirement, as judges did in the past.  “It’s very heady when you walk into a room and everybody rises, people laugh at your jokes,” he said.  Emily Jane Goodman, a State Supreme Court justice in Manhattan, said the practical effect of her stalled pay was that she had to sell a summer home in the Hamptons and was having trouble paying for increasing fees on her two-bedroom apartment in the city.  “Here I am,” Justice Goodman said, “in a position where I’m working to achieve justice for other people and I don’t feel that I’m experiencing justice.”  On one of his final days at the Appellate Division on Madison Avenue, Justice McGuire, who was once chief counsel to Gov. George E. Pataki, said he had grown increasingly dismayed as the state failed year after year to raise judicial pay.  “I tormented myself for the longest period of time about whether I should go, because I love the work,” he said. “And then I realized, ‘I’ve got no choice. The only responsible thing for my family is to go.’ ” Justice McGuire, 57, has two children, ages 5 and 3.  In New York, the financial pressures are particularly intense because top law firms compete to hire lawyers — and, now, judges. In response to questions for this article, the state’s Office of Court Administration studied judicial attrition. The analysis found that in 1999, 48 of the 1,300 state judges left their positions. Last year, 110 judges left, with the number of departures increasing sharply over the last five years.  New York’s chief judge, Jonathan Lippman, said in an interview that the departures showed only part of the problem. “Why would a talented lawyer,” Judge Lippman asked, “want to join an institution that hasn’t had even a cost of living increase in 12 years?”  The State Legislature’s failure to increase judicial pay since 1999 was the subject of bitter political disputes and court battles before legislation passed in November creating a commission on judicial salaries. It is expected to decide by September whether state judicial salaries will increase and by how much.  Nationally, many judicial salaries have lagged behind the pay not only of top lawyers, but also of some academics, school administrators, elected officials and even some courthouse employees. In New York City, some law clerks earn more than the judges they work for.  The chief justice of the United States, John G. Roberts Jr., has noted that federal judicial salaries have slipped below the pay of top law school deans and other law professors and has said the pay gap could undermine the strength of the federal courts.  The salaries of state trial judges nationally rose 34 percent to a median of $116,100 in the decade ending in 2005. But during the same period, the median partners’ share of profits at large law firms jumped 141 percent to $957,500, Roy A. Schotland, an emeritus law professor at Georgetown, showed in a law review article. In an interview, Professor Schotland, who studies state courts, said that, nationally, stagnant pay was “the single most important problem for our courts.”

43 comments:

Anonymous said...

The only problem with judges leaving the bench, is that more just like them will replace them from the political arena.
Having worked worked with many of them for decades I have assessed them as this.
1) worked part time
2) know too little about the law..most are mediocre at best.
3) made prejucial decisions for political reasons.
4) the money was too much for the little effort they put in, and any raise is not required.
5) ethics do not exist with many of them...money talks or no one walks.
Of course this is not all of them..but many of them.
Until NY State corrects its corrupt ways...which it appears they have no intention of doing so until some uprising happens, they can all leave and replacing them is no sweat, as there is always another slug lawyer in the wings dying to wear a robe and have the world call him/her JUDGE for the rest of their lives.

Anonymous said...

Great, that means the more Judges that leave the better it is for the citizens of the State of New York

Anonymous said...

Less JUDGES means more JUSTICE and less CORRUPTION

Anonymous said...

So much for the PRIDE of an ethically learned lawyer repaying a lifetime of (high)income earned from the people by which they 'zealously' represented, moving UP to the BENCH and repaying that good life by presiding over decisions to benefit their own community according to the law from which they.........BU11SH1T KID, IT'S ALL ABOUT THE MONEY

Anonymous said...

The NY Democratic machine that puts judges in office wants things just the way they are...The best and the brightest - who would also likely be independent- will never seek out a judgeship through the political, back room process maintained in NYS. This way the machine politicians gets the candidates they want - Lawyers -often with poor qualifications- who can get the backing of the machine, are placed in a judicial position as an "acting" judge and then "run"for the office selected by the party bosses. Just look at the sorry history of Judge Lippman as an prime example of a dysfunctional system- The system is wrong on many levels. There is no need to reform the pay scales until the entire system is replaced so as to attract well qualified, dedicated and independent judges. It's time to end political party control of the judiciary.

Anonymous said...

The above reference to Judge Lippman is right on. He has played according to the rules laid out by the Democratic machine his whole life. Fittingly, he has been rewarded with a series of promotions and appointments,- and now finds himself at the head of this corrupt judicial system. Any system that can produce a Judge Lippman as its chief judge - a man who's only accomplishment in life has been to be a lifelong friend & associate of Shelly Silver - needs to be reformed immediately, if not sooner!!!

Anonymous said...

GOOD, bad part is they go work for thier friends to take care of those that got them elected and they took care of.

Anonymous said...

How about converting to a non partisan judicial system...active membership in a political party would disqualify a person for judicial nominations. A majority of US voters consider themselves to be independent ..so, the influence and power of the parties should be eliminated from the system. A very good place to start would be to eliminate democratic party control of the judicial system as exists in NYS.

Anonymous said...

REALLY Great idea---take the Dems & GOP and the other parties out of the judicial nomination process. The court system needs persons knowledgeable in the law , not political hacks like the aforementioned Judge Lippman. It's time to start..Reform The System
Now...

Anonymous said...

Agree...Reform NOW ..Let's start by asking the Governor where he stands on this issue. He's been in the system since he was a child.
He's said he wants to lead a reform effort...well start with the courts & the judges. Take the Democrats and the other parties out of the system !!!

Anonymous said...

Right on...there are far too many well qualified people qualified to serve as judges who don't and won't have anything to do with a ;political party. These are the people who should serve as judges. End party control of the judicial system now!

Anonymous said...

And while we're talking about taking the parties out of the court system...how about doing the same with school systems. I just read that the Teachers Union has already endorsed Obama for reelection. This too is a travesty. Party affiliated persons should be let no closer closer to a school room than peddlers of pornography or drugs. Schools - and teachers- should be off limits to political parties. But as things sit, 25% of the delegated to the Democratic National Convention are members of the Teachers Union. Teachers and schools should be sacrosanct---above party and politics. I agree, reform should start NOW...

Anonymous said...

Cuomo may be on the next Obama ticket?

Shoot me now.

Anonymous said...

These rats will go and get lined up with their buds - it's all about the bread! That's why the rat attorneys are in the business. It's a racket plain and simple..

Anonymous said...

They do not mention the ages of the judges it happens sometimes that a lot of staff could retire because they have gotten old and they want to retire. Okay maybe a few dis go to other jobs but maybe some just retired. ONE inportant thing that they do not mention is that they get very good benifits when they leave and that as a judge they only work part time.

Anonymous said...

No matter how many leave it can't be enough! Just think of all the money that will be saved!

Anonymous said...

Get rid of judges completely. Supposedly, we have a system of laws and precedents. The laws and precedents can computerized and all decisions can be made by the opinion of a jury on the facts using the law provided to the jury by the computer.
That is equal justice for all. Isn't the opinion of a sleazy lawyer wearing a black robe only a sleazy decision? A computer wouldn't favor its "friends" or the high priced law firm with the judges' cronies.
If Lippman is the cream at the top of NY judges, what system do we have?

Anonymous said...

The economy is in the tank, NYS in broke and these fat bastard Judges are demanding more money. The court system is out of control. There are no jobs. People can't find work to pay the taxes and eat! The Judges have the arrogance to demand to be paid more! What don't these bastards understand. What don;t these Judges get? Let them eat cake!

Anonymous said...

I wish they would all leave the bench, what a day to celebrate. Now, that would be constitutional and freedom...Not this legal prison in which we live in today!

Anonymous said...

How about all those court employees that supposed lost their jobs over the past year?

Where are they?

Why don't they add their voices to the real reasons these "judges" should be out of jobs?

Anonymous said...

Teachers Union has already endorsed Obama for reelection

it is all about breaking our unions, some are finally figuring that out...........

so the Lawyers and Judges have no choice but to go along with the plan, and I seriously doubt it was Lippman's or Silver's or Andy's
plan

they are following orders!

Anonymous said...

didn't that lawyer at the Buffalo Attorney Grievance become a Judge,
wow, I wonder what information she did not report to get a raise!

Anonymous said...

was that Flaherty & Shea at the Attorney Grievance Buffalo, wow, I hope not, that would prove Racketeering!

Anonymous said...

was that Flaherty & Shea at the Attorney Grievance Buffalo, wow, I hope not, that would prove Racketeering!

Anonymous said...

by those insurance cheat fat broads, when is the Federal Gov't and State Gov't going to investigate them!

clue: they live near

6778 Bear Ridge Road
Pendleton, NY 14094

Anonymous said...

by those insurance cheat fat broads, when is the Federal Gov't and State Gov't going to investigate them!

clue: they live near

6778 Bear Ridge Road
Pendleton, NY 14094

Anonymous said...

if they thought, let's play neighbor wars, they got another thing coming.......
your Deputy friends will also be under investigation for not reporting you!

Anonymous said...

if they thought, let's play neighbor wars, they got another thing coming.......
your Deputy friends will also be under investigation for not reporting you!

Anonymous said...

using the Police and fake calls and complaints, slander, libel and defamation to Racketeer cases.....
since you have a 20 year history of this, I hope they put you in prison!

Anonymous said...

can be made by the opinion of a jury on the facts using the law provided to the jury by the computer

they set up those juries also...here is a way they accomplish their mission....
have two jurors claim their of some profession and have knowledge of the subject,
to sway the other jurors!
How would you as a juror know the other jurors are lying and are not of that knowledge/profession!

Anonymous said...

sometimes the Judges are even set up and they do not even know it!
Is it worth 136,000 per year?
I would be a law clerk, can't get caught being a liar there, just blame everything on someone else!

Anonymous said...

sometimes the Judges are even set up and they do not even know it!
Is it worth 136,000 per year?
I would be a law clerk, can't get caught being a liar there, just blame everything on someone else!

Anonymous said...

The average guys are getting dumped in the unemployment trash pile. Meanwhile, the Judical system is demanding a pay increase. Everything is falling apart. Where are these people from? They are not living in our world!

Anonymous said...

Add to the first comment:
Judges get $10,000 in an extra benefit raise added to their salary...yearly.
Judges in multiple numbers are sitting with higher salaries in that fraud of the ACTING JUDICIAL TTILE, while they run for their positions in the court they were ELECTED TO, but the public is totally unaware that they are really JUST running for any seat, just so they can remain as a judge who will collect a salary of another higher court judical position that does not belong to them, for decades!
The fraud of a JUDICIAL RAISE is the biggest unknown behind the scenes process that is compensating all NY judges with circumvented raises, and then publicly stating their slaries are those of jobs they have been elected to, while OCA doles out the larger salary behind the backs of the taxpayers.

DON'T FALL FOR THIS SCAM..CITIZENS AND TAXPAYERS!
Just imagine if the court civil servants were sitting in jobs that show the public their salaries for that court, but then OCA is really giving them higher title salaries...and the media keeps this information from the taxpayers, as they are doing with the judicial acting pay and the $10,000 benefit scam.
This is really why are budget in NY State is busting out, because the courts continue to pretend they are underpaid, all in efforts to deceive the taxpayer in the greatest judical money scam to ever have been concocted!

Anonymous said...

that comment is right about no jobs, if the Judges would stand up to the Political Machine!
It is about jobs and work, now everyone is fighting to get a piece of free pie and we are hating each other.

Anonymous said...

and there is no pie!

Anonymous said...

and there is no pie!

Anonymous said...

did anyone see Broderick only had to pay 17,000 for a 300,000 scam,
BYE BYE Broderick and don't let Muscato hit you in the rear!

Anonymous said...

did anyone see Broderick only had to pay 17,000 for a 300,000 scam,
BYE BYE Broderick and don't let Muscato hit you in the rear!

JUSTICE FOR SUNNY SHEU said...

Part two of Black Star News Article about Sunny Sheu:

http://blackstarnews.com/news/135/ARTICLE/7509/2011-07-09.html

Anonymous said...

Shut the Court Houses and put the lawyers out of work

Anonymous said...

ATTENTION: Any individual or person who believes to be aggrieved or harmed by the NY State Court system please contact me at the address below if interested in pursuing a class action lawsuit and / or other action against the State of New York. It is the position of this group that New York state operates a constitutionally deficient and defective court system in many ways including denying fundamental rights of contact and visitation with minor children to Parents, either mother or father, while convicted felons/abusers in the state prison system have rights of contact and visitation with children. If you believe you are aggrieved by the Court system, the State Commission on Judicial Conduct, the Appellate Division Discipline Committees, Law Guardians and/or have been forced to endure improper Supervised Visitation programs or related problems in the NY Court system please come forward and let your voice be heard. joinusnow1960@hotmail.com

Anonymous said...

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See Video of Senator John L. Sampson's 1st Hearing on Court 'Ethics' Corruption

The first hearing, held in Albany on June 8, 2009 hearing is on two videos:


               Video of 1st Hearing on Court 'Ethics' Corruption
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