The Judges v. the State: Obtaining Adequate Judicial Compensation and New York's Current Constitutional CrisisAlbany Law Review (2008)
AbstractThe problem of obtaining adequate judicial compensation, a cornerstone of judicial independence, has now reached the level of a constitutional crisis in New York. In this year and the last, three separate law suits have been brought by New York judges against the coordinate branches of government regarding the constitutionality of the near decade-long failure to provide for judicial pay increases. This article reviews the history of the present crisis, the judges’ lawsuits, and makes conclusions regarding the state Constitutional claims regarding New York’s no-diminution clause and separation of powers doctrine. The article also reviews the proper remedy should the judges’ several suits be successful.
- judicial compensation clause,
- separation of powers
Publication DateWinter December, 2008
Citation Information72 Alb. L. Rev. ___ (forthcoming Winter 2008)