Establishes a special commission on judicial compensation, and provides for their powers and duties and provides periodic salary increases to state officers

Title of bill

An act in relation to establishing a special commission on compensation, and providing for their powers and duties; and to provide periodic salary increases to state officers

Purpose

This bill would provide for a special commission on judicial compensation to examine, evaluate and make recommendations with respect to compensation, adjustments and non-salary benefits of certain State-paid judges and justices of the Unified Court System.

Summary of provisions

Section 1 of the bill would provide for the creation of the Commission on Judicial Compensation, to consist of seven members appointed as follows: three by the Governor, one by the Speaker of the Assembly, one by the Temporary President of the Senate and two by the Chief Judge. The Commission would be required to report its findings, conclusions, determinations and recommendations by September 1, 2010.

Every four years the Commission would examine, evaluate and make recommendations with respect to judicial compensation. The Commission would determine what the judicial salaries shall be and would make recommendations to effect the changes to salaries. Such recommendations would become effective on April 1, 2011. The recommendations of the Commission would have the force of law.

Section 2 of the bill would provide for the payroll period on which such salary increases would be effective.

Section 3 of the bill would provide that any adjustment of salaries under this bill should be funded to the nearest whole dollar.

Existing law

Salaries for State-paid judges and justices of the Unified Court System were last increased pursuant to Chapter 630 of the Laws of 1998.

Statement in support

Salaries for New York State Judges were last adjusted in 1999. The salaries of the approximately 2,250 part-time town and villages justices are set by their local governing authorities, such as an elected town board. They range from less than $8,000 a year to more than $50,000, depending on the population, workload and financial resources of the local community. The salaries of the more than 1,250 statewide judges and justices are set by the state Legislature, which also sets the salaries of its own members and the state's Executive officers and commissioners, subject to approval or veto by the Governor, as with other legislation.

In recent years, judicial salaries have been the subject of much controversy. Efforts have been made to tie such salaries to other legislative enactments, impeding the ability of the Legislature and Executive to properly address the issue.

This bill would establish a quadrennial Commission on Judicial Compensation to ensure that the proper salary level is set on a regular basis. The members of the Commission would include representatives of the Executive, Legislature and Judiciary, so as to ensure input from all different branches of government in determining judicial compensation.

Budget implications

The cost to the state is negligible. To the extent the Commission recommends a salary increase for judges, those increases will have a fiscal impact on the State.

Effective date

This bill would take effect immediately upon enactment.