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Judicial Salaries
February 2010 Statement
by Victor A. Kovner, on Court of Appeals decision in Chief Judge
v. Governor and legislative leadership reaction:
MODERN COURTS WELCOMES THE DECISION OF THE COURT OF APPEALS IN CHIEF
JUDGE v. GOVERNOR
New York , NY . Modern
Courts applauds the Court's holding in Chief Judge v. Governor
that the failure to modify judicial compensation was unconstitutional
but regrets the disappointing reaction from the State Legislature.
Mr. Kovner said, “Today's
decision gives New Yorkers the expectation that judges in the State
of New York will at long last receive just compensation. As the
Court of Appeals stated, ‘When this Court articulates the constitutional
standards governing state action, we presume that the State will
act accordingly.' Now is the time for the Legislature to create
a Quadrennial Commission to ensure that judicial compensation is
determined on the merits, and no longer linked to legislative compensation.”
Mr. Kovner added, “We are,
however, particularly disappointed by the Assembly's announced intention
to defer consideration until ‘economic conditions improve.' This
statement effectively defies the decision of the Court of Appeals,
which concluded ‘We therefore expect appropriate and expeditious
legislative consideration . ' A Quadrennial Commission
is the perfect solution. It is an objective mechanism with appointees
from all three branches of government and offers the best prospect
for achieving equity, regularity, and objectivity in judicial compensation.
After eleven years of promises, further delay would be outrageous.”
Mr. Kovner congratulated
the diligent work of the distinguished counsel who commenced the
actions to preserve an independent judiciary. Mr. Kovner further
thanked Modern Courts' former Board member, Caitlin Halligan, and
former partner at Weil, Gotshal & Manges LLP, and her colleagues,
Gregory Silbert and David Yolkut, at the firm for preparing an amicus
brief on behalf of Modern Courts.
The Fund for Modern Courts
continues its supports for increasing judicial compensation for
New York State judges. Modern Courts vigorously advocates for the
judiciary proposal to create an objective mechanism which would
separate judicial compensation from legislative compensation.
More on this topic
Modern
Courts amicus brief supporting increasing judicial compensation
for NYS judges in action brought by Chief Judge Kaye against the
New York State Legislature and Governor, Kaye v. Silver
Amicus Brief Press Release
Comparison
charts on judicial compensation prepared for Kaye v. Silver
Charts prepared by Wachtell, Lipton, Rosen & Katz, counsel for
Chief Judge Kaye in Kaye v. Silver
Law Day Speech on the Independence of the Judiciary and Judicial
Pay Raises in New York by Victor A. Kovner, Chair of Modern Courts
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