Legal Research

Source: Associated Press:

June 11, 2008 at 2:17 pm by Rick Karlin

AP is reporting that a Manhattan trial court judge has just ordered the Governor and Legislature to grant judicial pay raises in the next 90 days.

It?s unsure about possible appeals, or the impact on legislative raises which in theory have been linked to judicial raises as a form of political cover - which Justice, Edward Lehner ruled was illegal (the linkage, not the political cover part).

Here?s the story:

NEW YORK (AP) ? A judge has ordered New York?s governor, Senate and Assembly to raise the pay of the state?s judges within the next 90 days.

State Supreme Court Justice Edward Lehner in Manhattan says the defendants unconstitutionally abused their power by depriving judges of a pay hike for almost 10 years.

He says state legislators illegally linked a judicial salary increase to one for themselves.

Lehner has ordered the state to raise judicial pay to reflect cost of living increases since 1998.

He was ruling on a lawsuit brought by four judges ? and acknowledges he would be affected by his own decision.

Chief Judge Judith Kaye is leading a different lawsuit against the Legislature to secure raises. But she has warned judges not to protest through action from the bench.