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

BILL NUMBER:S68010

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 sala- ry increases to state officers

Purpose

This bill would provide for a special commission on judicial compen- sation 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, deter- minations and recommendations within 150 days of its establishment.

Every four years the Commission would examine, evaluate and make recom- mendations with respect to judicial compensation. The Commission would determine what the judicial salaries shall be and would make recommenda- tions to effect the changes to salaries. Such recommendations would become effective the next fiscal year. The recommendations of the Commission would have the force of law.

Section 2 of the bill would establish the date the recommendations of the Commission become effective.

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

Section 4 of the bill would provide for an immediate effective date.

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. As a result, judicial salaries have become an increasing subject of contro- versy in recent years. Moreover, the absence of a pay increase has produced legal challenges, culminating in the Court of Appeals decision in In the Matter of Maron v. Silver, 14 N.Y.3d 230 (2010). In that

decision, the Court found that "whether the Judiciary is entitled to a compensation increase must be based upon an objective assessment of the Judiciary's needs." Further, the court stated that the Legislature should give the matter of judicial compensation "expeditious and appro- priate consideration."

This bill would address the issue, in a manner consistent with the Court of Appeals decision, by establishing a quadrennial Commission on Judi- cial Compensation to ensure that the proper salary level is set on a regular basis. The members of the Commission would include represen- tatives of the Executive, Legislature and Judiciary, so as to ensure input from all different branches of government in determining judicial compensation,"expeditious and appropriate consideration."

Budget implications

The cost to the State from the operation of the Commission would be minimal. To the extent the Commission recommends a salary increase for judges, such increase would have a fiscal impact on the State.

Effective date

This bill would take effect immediately upon enactment.