Bill Text: NY A09760 | 2009-2010 | General Assembly | Introduced
Bill Title: Relates to the compensation of state-paid judges, NYC housing judges, and establishes specials commissions on compensation increases.
Spectrum: Moderate Partisan Bill (Republican 7-1)
Status: (Introduced - Dead) 2010-06-03 - held for consideration in judiciary [A09760 Detail]
Download: New_York-2009-A09760-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
9760
I N A S S E M B L Y
January 22, 2010
___________
Introduced by M. of A. McKEVITT -- read once and referred to the Commit-
tee on Judiciary
AN ACT to amend the judiciary law, in relation to the compensation of
state-paid judges and justices of the unified court system; to amend
the New York city civil court act, in relation to the compensation
paid to New York city housing judges; to establish special commissions
on compensation, and providing for their powers and duties; making an
appropriation for compensation increases to state-paid judges and
justices of the unified court system and New York city housing judges;
and to repeal certain provisions of the judiciary law relating to the
compensation of state-paid judges and justices of the unified court
system
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. Sections 221, 221-a, 221-b, 221-bb, 221-c, 221-d, 221-e,
2 221-f, 221-g, 221-h, 221-i and 223 of the judiciary law are REPEALED and
3 a new section 221 is added to read as follows:
4 S 221. ANNUAL SALARIES OF STATE-PAID JUDGES AND JUSTICES OF THE
5 UNIFIED COURT SYSTEM. (A) EACH STATE-PAID JUDGE AND JUSTICE OF THE
6 UNIFIED COURT SYSTEM SHALL RECEIVE THE ANNUAL SALARY PRESCRIBED FOR HIS
7 OR HER OFFICE ON A SCHEDULE TO BE PROMULGATED BY THE CHIEF ADMINISTRATOR
8 OF THE COURTS IN ACCORDANCE WITH LAW.
9 (B) STATE-PAID JUDGES AND JUSTICES SHALL RECEIVE ANNUAL SALARIES AS
10 FOLLOWS:
11 1. (I) A JUSTICE OF THE SUPREME COURT SHALL RECEIVE AN ANNUAL SALARY
12 OF ONE HUNDRED SIXTY-FIVE THOUSAND TWO HUNDRED DOLLARS, EFFECTIVE JULY
13 FIRST, TWO THOUSAND TEN.
14 (II) EXCEPT AS OTHERWISE PROVIDED BY LAW, ON THE FIRST DAY OF APRIL IN
15 EACH YEAR COMMENCING ON OR AFTER TWO THOUSAND ELEVEN, IF THE ANNUAL
16 SALARY OF A JUDGE OF THE UNITED STATES DISTRICT COURT WAS INCREASED
17 WITHIN THE PRECEDING TWELVE MONTHS, THE ANNUAL SALARY OF A JUSTICE OF
18 THE SUPREME COURT SHALL BE INCREASED BY ADDING THERETO A PERCENTAGE
19 THEREOF EQUALING THE PERCENTAGE BY WHICH THE SALARY OF A JUDGE OF THE
20 UNITED STATES DISTRICT COURT WAS INCREASED IN SUCH TWELVE-MONTH PERIOD.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14890-02-0
A. 9760 2
1 2. THE FOLLOWING JUDGES AND JUSTICES SHALL RECEIVE AN ANNUAL SALARY
2 EQUALING THAT OF A JUSTICE OF THE SUPREME COURT PLUS A PERCENTAGE THERE-
3 OF AS SET FORTH IN THIS PARAGRAPH:
4 (I) CHIEF JUDGE OF THE COURT OF APPEALS, FOURTEEN AND TWELVE ONE
5 HUNDREDTHS PERCENT;
6 (II) ASSOCIATE JUDGES OF THE COURT OF APPEALS, TEN AND SIXTY-ONE ONE
7 HUNDREDTHS PERCENT;
8 (III) PRESIDING JUSTICES OF THE APPELLATE DIVISION, SEVEN AND NINETY-
9 SEVEN ONE HUNDREDTHS PERCENT;
10 (IV) ASSOCIATE JUSTICES OF THE APPELLATE DIVISION, THE PRESIDING JUDGE
11 OF THE COURT OF CLAIMS AND JUDGES WHO ARE DESIGNATED DEPUTY CHIEF ADMIN-
12 ISTRATIVE JUDGES, FIVE AND THIRTY-FOUR ONE HUNDREDTHS PERCENT;
13 (V) PRESIDING JUSTICES OF THE APPELLATE TERM, JUDGES WHO ARE DESIG-
14 NATED DEPUTY OR ASSISTANT ADMINISTRATIVE JUDGES WITHIN THE CITY OF NEW
15 YORK AND JUDGES AND JUSTICES WHO ARE DESIGNATED ADMINISTRATIVE JUDGES
16 FOR A JUDICIAL DISTRICT OR COUNTY OUTSIDE THE CITY OF NEW YORK, THREE
17 AND FIFTY-ONE ONE HUNDREDTHS PERCENT;
18 (VI) ASSOCIATE JUSTICES OF THE APPELLATE TERM, TWO AND NINETEEN ONE
19 HUNDREDTHS PERCENT; AND
20 (VII) JUDGES OF THE COURT OF CLAIMS, NO ADDITIONAL PERCENTAGE.
21 3. THE FOLLOWING JUDGES SHALL RECEIVE AN ANNUAL SALARY EQUALING A
22 PERCENTAGE OF THAT OF A JUSTICE OF THE SUPREME COURT, AS SET FORTH IN
23 THIS PARAGRAPH:
24 (I) JUDGES OF THE COUNTY COURT, JUDGES OF THE FAMILY COURT AND JUDGES
25 OF THE SURROGATE'S COURT, NINETY-FIVE PERCENT;
26 (II) JUDGES OF THE NEW YORK CITY CIVIL COURT, JUDGES OF THE NEW YORK
27 CITY CRIMINAL COURT AND JUDGES OF THE DISTRICT COURT, NINETY-THREE
28 PERCENT; AND
29 (III) JUDGES OF A CITY COURT OUTSIDE THE CITY OF NEW YORK WHO ARE NOT
30 PERMITTED TO PRACTICE LAW, NINETY PERCENT.
31 NOTWITHSTANDING THE OTHER PROVISIONS OF THIS PARAGRAPH, ANY JUDGE
32 SPECIFIED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN AN OFFICE THAT ON
33 DECEMBER THIRTY-FIRST, TWO THOUSAND NINE WAS PAID AN ANNUAL SALARY THAT
34 WAS MORE THAN NINETY-FIVE PERCENT OF THE ANNUAL SALARY PAID A JUSTICE OF
35 THE SUPREME COURT ON SUCH DATE, SHALL RECEIVE AN ANNUAL SALARY EQUALING
36 AN AMOUNT BEARING THE SAME PROPORTION TO THE SALARY OF A JUSTICE OF THE
37 SUPREME COURT AS THE ANNUAL SALARY OF HIS OR HER OFFICE BORE TO THE
38 SALARY OF A JUSTICE OF THE SUPREME COURT ON DECEMBER THIRTY-FIRST, TWO
39 THOUSAND NINE. IN THE EVENT A NEW JUDGESHIP IS ESTABLISHED FOR A COUNTY
40 COURT, FAMILY COURT OR SURROGATE'S COURT ON A DATE AFTER DECEMBER THIR-
41 TY-FIRST, TWO THOUSAND NINE, THE ANNUAL SALARY FOR SUCH OFFICE SHALL
42 EQUAL THE ANNUAL SALARY FOR EACH OTHER JUDGESHIP ALREADY ESTABLISHED
43 FOR SUCH COURT ON SUCH DATE.
44 4. (I) EACH JUDGE OF A CITY COURT OUTSIDE THE CITY OF NEW YORK, WHO IS
45 PERMITTED TO PRACTICE LAW, SHALL RECEIVE AN ANNUAL SALARY EQUALING AN
46 AMOUNT BEARING THE SAME PROPORTION TO THE SALARY OF THE LOWEST-PAID
47 JUDGE OF A CITY COURT WHO IS NOT PERMITTED TO PRACTICE LAW AS THE SALA-
48 RY OF HIS OR HER OFFICE ON DECEMBER THIRTY-FIRST, TWO THOUSAND NINE BORE
49 TO THE SALARY OF SUCH LOWEST-PAID JUDGE ON SUCH DATE; EXCEPT THAT,
50 EFFECTIVE OCTOBER FIRST, TWO THOUSAND TEN, EACH JUDGE OF A CITY COURT
51 OUTSIDE THE CITY OF NEW YORK WHO IS PERMITTED TO PRACTICE LAW SHALL
52 RECEIVE AN ANNUAL SALARY EQUALING AN AMOUNT BEARING THE SAME PROPORTION
53 TO THE SALARY OF THE LOWEST-PAID JUDGE OF A CITY COURT WHO IS NOT
54 PERMITTED TO PRACTICE LAW AS THE SALARY OF HIS OR HER OFFICE ON OCTOBER
55 FIRST, TWO THOUSAND TEN BEARS TO THE SALARY FOR SUCH LOWEST-PAID JUDGE
A. 9760 3
1 ON SUCH DATE PURSUANT TO THE PROVISIONS OF CHAPTER FOUR HUNDRED NINETY-
2 THREE OF THE LAWS OF TWO THOUSAND SIX.
3 (II) IN THE EVENT A NEW JUDGESHIP IS ESTABLISHED FOR A CITY COURT
4 OUTSIDE THE CITY OF NEW YORK ON A DATE AFTER DECEMBER THIRTY-FIRST, TWO
5 THOUSAND NINE, AND THE PERSON WHO HOLDS SUCH OFFICE IS PERMITTED TO
6 PRACTICE LAW, THE ANNUAL SALARY FOR SUCH OFFICE ON THE DATE OF ITS
7 ESTABLISHMENT SHALL BE AS PROVIDED BY LAW. THEREAFTER THE ANNUAL SALARY
8 OF SUCH OFFICE SHALL BE AS PROVIDED IN SUBPARAGRAPH (I) OF THIS PARA-
9 GRAPH EXCEPT THAT, FOR PURPOSES OF SUCH SUBPARAGRAPH (I), THE DATE ON
10 WHICH SUCH OFFICE WAS ESTABLISHED SHALL BE SUBSTITUTED FOR THE DATE
11 SPECIFIED THEREIN.
12 5. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, THE ANNUAL
13 SALARIES OF EACH OF THE FOLLOWING JUDGES, AS SPECIFIED IN PARAGRAPH
14 THREE OF THIS SUBDIVISION, SHALL BE INCREASED BY THE AMOUNTS SET FORTH
15 IN THIS PARAGRAPH:
16 (I) EACH CHIEF JUDGE OF A CITY COURT OUTSIDE THE CITY OF NEW YORK, WHO
17 IS NOT PERMITTED TO PRACTICE LAW, AN AMOUNT EQUAL TO ONE AND FIVE ONE
18 HUNDREDTHS PERCENT OF HIS OR HER ANNUAL SALARY; AND
19 (II) EACH PRESIDENT OF THE BOARD OF JUDGES OF A DISTRICT COURT, AN
20 AMOUNT EQUAL TO THREE AND FORTY-TWO ONE HUNDREDTHS PERCENT OF HIS OR HER
21 ANNUAL SALARY.
22 S 2. Subdivision (f) of section 110 of the New York city civil court
23 act, as amended by chapter 64 of the laws of 2007, is amended to read as
24 follows:
25 (f) The housing judges shall be appointed by the administrative judge
26 from a list of persons selected annually as qualified by training,
27 interest, experience, judicial temperament and knowledge of federal,
28 state and local housing laws and programs by the advisory council for
29 the housing part. The list of persons who have been approved by such
30 advisory council, whether or not appointed to such judicial position,
31 shall be deemed public information and be published in the city record
32 immediately after such list is submitted to the administrative judge.
33 The annual salary of a housing judge shall [be one hundred fifteen thou-
34 sand four hundred dollars] EQUAL AN AMOUNT REPRESENTING NINETY-FIVE
35 PERCENT OF THE ANNUAL SALARY OF A JUDGE OF THE NEW YORK CITY CIVIL
36 COURT.
37 S 3. (a) There shall be established a special commission on judges and
38 justices of the unified court system to:
39 (i) determine whether, for any period of four years beginning with the
40 year 2010, the formula for annual salary adjustment set forth in subpar-
41 agraph (ii) of paragraph 1 of subdivision (b) of section 221 of the
42 judiciary law, as added by section one of this act, warrants adjustment;
43 and
44 (ii) examine, evaluate and make recommendations with respect to non-
45 salary benefits of state-paid judges and justices of the unified court
46 system.
47 (b) In discharging its responsibilities under subdivision (a) of this
48 section, the commission shall take into account all appropriate factors
49 including, but not limited to: the overall economic climate; inflation
50 and changes in public sector spending since January 1, 1999; the levels
51 of compensation and non-salary benefits received by judges and justices
52 of other states and of the federal government; the levels of compen-
53 sation and non-salary benefits received by professionals in government,
54 academia and private and nonprofit enterprise; and the state's ability
55 to fund increases in compensation and non-salary benefits.
A. 9760 4
1 (c) The commission shall consist of 13 members to be appointed as
2 follows: 4 shall be appointed by the governor; 2 shall be appointed by
3 the temporary president of the senate; 1 shall be appointed by the
4 minority leader of the senate; 2 shall be appointed by the speaker of
5 the assembly; 1 shall be appointed by the minority leader of the assem-
6 bly; and 3 shall be appointed by the chief judge of the state. Of the
7 members appointed by an official pursuant to this subdivision, where
8 such official has more than one such appointment, at least one-half (at
9 least a majority, in the case of the governor) shall not be employees of
10 the state or any political subdivision thereof, and at least one-half
11 shall not be members of the bar of the state. The governor shall desig-
12 nate the chair of the commission from among the members so appointed.
13 Vacancies in the commission shall be filled in the same manner as
14 original appointments. To the extent practicable, members of the commis-
15 sion shall have experience in one or more of the following: determi-
16 nation of executive compensation, human resource administration and
17 financial management.
18 (d) The commission may meet within and without the state, may hold
19 public hearings and shall have all the powers of a legislative committee
20 pursuant to the legislative law.
21 (e) The members of the commission shall receive no compensation for
22 their services but shall be allowed their actual and necessary expenses
23 incurred in the performance of their duties pursuant to this section.
24 (f) No member of the commission shall be disqualified from holding any
25 other public office or employment, nor shall he or she forfeit any such
26 office or employment by reason of his or her appointment pursuant to
27 this section, notwithstanding the provisions of any general, special or
28 local law, regulation, ordinance or city charter.
29 (g) To the maximum extent feasible, the commission shall be entitled
30 to request and receive and shall utilize and be provided with such
31 facilities, resources and data of any court, department, division,
32 board, bureau, commission, agency or public authority of the state or
33 any political subdivision thereof as it may reasonably request to carry
34 out properly its powers and duties pursuant to this section.
35 (h) The commission may employ and at its pleasure remove such person-
36 nel as it may deem necessary for the performance of its functions and
37 fix compensation within amounts made available therefor by appropri-
38 ation.
39 (i) (i) The commission shall make a report to the governor, the legis-
40 lature and the chief judge of the state of its findings, conclusions,
41 determinations and recommendations not later than September 1, 2010.
42 (ii) The levels of compensation recommended by the commission pursuant
43 to paragraph (i) of subdivision (a) of this section shall take effect
44 January 1, 2011.
45 (iii) Each recommendation of the commission made to implement a deter-
46 mination pursuant to paragraph (i) of subdivision (a) of this section
47 shall have the force of law, and shall supersede inconsistent provisions
48 of subparagraph (ii) of paragraph 1 of subdivision (b) of section 221 of
49 the judiciary law, as added by section one of this act, unless modified
50 or abrogated by statute prior to April first of the year as to which
51 such determination applies.
52 (j) Upon the making of its report as provided in subdivision (i) of
53 this section, the commission established pursuant to this section shall
54 be deemed dissolved.
55 S 4. (a) On the first of April of every fourth year, commencing April
56 1, 2013, there shall be established for such year a commission on judi-
A. 9760 5
1 cial compensation to examine, evaluate and make recommendations with
2 respect to adequate levels of compensation and non-salary benefits for
3 judges and justices of the state-paid courts of the unified court
4 system. In accordance with the provisions of this section, the commis-
5 sion shall:
6 (i) examine the prevailing adequacy of pay levels and non-salary bene-
7 fits received by judges and justices of the state-paid courts of the
8 unified court system and determine whether any of such pay levels
9 warrant adjustment; and
10 (ii) determine whether, for any of the four years following the year
11 in which the commission is established, the formula for annual salary
12 adjustment set forth in subparagraph (ii) of paragraph 1 of subdivision
13 (b) of section 221 of the judiciary law, as added by section one of this
14 act, warrants adjustment.
15 In discharging its responsibilities under paragraphs (i) and (ii) of
16 this subdivision, the commission shall take into account all appropriate
17 factors including, but not limited to: the overall economic climate;
18 rates of inflation; changes in public-sector spending; the levels of
19 compensation and non-salary benefits received by judges and justices of
20 other states and of the federal government; the levels of compensation
21 and non-salary benefits received by professionals in government, acade-
22 mia and private and nonprofit enterprise; and the state's ability to
23 fund increases in compensation and non-salary benefits.
24 (b) The commission shall consist of 13 members to be appointed as
25 follows: 4 shall be appointed by the governor; 2 shall be appointed by
26 the temporary president of the senate; 1 shall be appointed by the
27 minority leader of the senate; 2 shall be appointed by the speaker of
28 the assembly; 1 shall be appointed by the minority leader of the assem-
29 bly; and 3 shall be appointed by the chief judge of the state. Of the
30 members appointed by an official pursuant to this subdivision, where
31 such official has more than one such appointment, at least one-half (at
32 least a majority, in the case of the governor) shall not be employees of
33 the state or any political subdivision thereof, and at least one-half
34 shall not be members of the bar of the state. The governor shall desig-
35 nate the chair of the commission from among the members so appointed.
36 Vacancies in the commission shall be filled in the same manner as
37 original appointments. To the extent practicable, members of the commis-
38 sion shall have experience in one or more of the following: determi-
39 nation of executive compensation, human resource administration and
40 financial management.
41 (c) The commission may meet within and without the state, may hold
42 public hearings and shall have all the powers of a legislative committee
43 pursuant to the legislative law.
44 (d) The members of the commission shall receive no compensation for
45 their services but shall be allowed their actual and necessary expenses
46 incurred in the performance of their duties hereunder.
47 (e) No member of the commission shall be disqualified from holding any
48 other public office or employment, nor shall he or she forfeit any such
49 office or employment by reason of his or her appointment pursuant to
50 this section, notwithstanding the provisions of any general, special or
51 local law, regulation, ordinance or city charter.
52 (f) To the maximum extent feasible, the commission shall be entitled
53 to request and receive and shall utilize and be provided with such
54 facilities, resources and data of any court, department, division,
55 board, bureau, commission, agency or public authority of the state or
A. 9760 6
1 any political subdivision thereof as it may reasonably request to carry
2 out properly its powers and duties pursuant to this section.
3 (g) The commission may employ and at its pleasure remove such person-
4 nel as it may deem necessary for the performance of its functions and
5 fix compensation within amounts made available therefor by appropri-
6 ation.
7 (h) The commission shall make a report to the governor, the legisla-
8 ture and the chief judge of the state of its findings, conclusions,
9 determinations and recommendations, if any, not later than one hundred
10 twenty days after its establishment. Each recommendation made to imple-
11 ment a determination pursuant to paragraph (ii) of subdivision (a) of
12 this section shall have the force of law, and shall supersede inconsist-
13 ent provisions of subparagraph (ii) of paragraph 1 of subdivision (b) of
14 section 221 of the judiciary law, as added by section one of this act,
15 unless modified or abrogated by statute prior to April first of the year
16 as to which such determination applies.
17 (i) Upon the making of its report as provided in subdivision (h) of
18 this section, each commission established pursuant to this section shall
19 be deemed dissolved.
20 S 5. Date of entitlement to salary increase. Notwithstanding the
21 provisions of this act or of any other law, each increase in salary or
22 compensation of any judge and justice of the unified court system
23 provided by this act shall be added to the salary or compensation of
24 such judge and justice of the unified court system at the beginning of
25 that payroll period the first day of which is nearest to the effective
26 date of such increase as provided in this act, or at the beginning of
27 the earlier of two payroll periods the first days of which are nearest
28 but equally near to the effective date of such increase as provided in
29 this act; provided, however, the payment of such salary increase pursu-
30 ant to this section on a date prior thereto instead of on such effective
31 date, shall not operate to confer any additional salary rights or bene-
32 fits.
33 S 6. The annual salaries as prescribed pursuant to this act for state-
34 paid judges and justices of the unified court system, whenever adjusted
35 pursuant to the provisions of this act, shall be rounded up to the near-
36 est multiple of one hundred dollars.
37 S 7. The sum of forty-eight million two hundred thousand dollars
38 ($48,200,000), or so much thereof as may be necessary, is hereby appro-
39 priated out of any moneys in the state treasury in the general fund to
40 the credit of the state purposes account, not otherwise appropriated,
41 and made immediately available to the administrative office of the
42 courts for payment pursuant to the provisions of sections one and two of
43 this act.
44 S 8. This act shall take effect immediately; provided, that the
45 provisions of sections one and two of this act shall be deemed to have
46 been in full force and effect on and after July 1, 2010.
