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CJA v. Commission on Legislative, Judicial
and Executive Compensation, et al. JUDGE INFO
1.
2. "6. As for the second branch of this motion, for the granting of reargument so that the Court can disclose its financial and other interests giving rise to the pervasive actual bias demonstrated by its decisions, here’s my own calculation of the Court’s salary interest as a Rensselaer County Court judge:
7.
Because this lawsuit, by its January 18, 2024 Opposition Report (NYSCEF
#6), not only establishes that the
December 4, 2024 Report is statutorily-violative, fraudulent, and
unconstitutional, but that it replicates the same statutory violations,
fraud, and unconstitutionality of the two predecessor Reports, the voiding
of the December 4, 2024 Report, sought by the verified petition’s first
cause of action (NYSCEF
#1, pp. 12-13, 15) will necessarily
result in the voiding of the prior two Reports. 8.
Thus, although this Court’s most immediate salary interest in this lawsuit,
on March 29, 2024, was the $20,700 “force of law” increase that, because of
the Court’s inaction on petitioners’ March 19, 2024 order to show cause,
took effect on April 1, 2024 (NYSCEF
#47), its actual salary interest is
$101,300, the difference between its now $221,100 salary and the $119,800
salary uninflated by those three Reports (Judiciary
Law §221-D). 9.
As for the Court’s claw-back liability, just in terms of its salary and not
counting its salary-based compensation benefits, I believe the total to be
$547,800, as follows:
SARA McGINTY -- Ulster County
2.
Salary Interest of Ulster County Surrogate Judge Sara McGinty:
On January 1, 2017, when Judge McGinty took
office, her Ulster County Surrogate judge salary was $183,400
–
$63,600 more than the $119,800 Ulster County Surrogate judge salary of
Judiciary Law §221-F.
This $63,600 difference was the product of the
“force of law” August 29, 2011 Report of the Commission on Judicial
Compensation, which had raised the Ulster County Surrogate judge salary to
$140,300 as of April 1, 2012, to $146,400 as of April 1, 2013; and to
$152,500 as of April 1, 2014 (NYSCEF
#87) – then followed by the “force of
law” December 24, 2015 Report of the (1st)
Commission on Legislative, Judicial and Executive Compensation, which had
raised it to $183,400 as of April 1, 2016 (NYSCEF
#88);
Judge McGinty collected three months’ worth of
this $183,400 salary, following which, on April 1, 2017, its salary rose to
$185,200. A year later, on April 1, 2018, its salary rose to $197,600,
and, a year later, on April 1, 2019, it rose to $200,400– these three raises
were also the product of the “force of law” December 24, 2015 Report (NYSCEF
#88);
This $200,400 salary remained Judge McGinty’s
salary for five years, until April 1, 2024, when, as a result of the
“force of law” December 4, 2023 Report of the (3rd)
Commission on Legislative, Judicial and Executive Compensation – the subject
of this lawsuit – it rose to $221,100 (NYSCEF
#47).
Because this lawsuit, by its January 18, 2024
Opposition Report (NYSCEF
#6), not only establishes that the
December 4, 2023 Report is statutorily-violative, fraudulent, and
unconstitutional, but that it replicates the same statutory violations,
fraud, and unconstitutionality of the two predecessor Reports, the voiding
of the December 4, 2023 Report, sought by the verified petition’s first
cause of action (NYSCEF
#1, pp. 12-13, 15) will necessarily
result in the voiding of the prior two Reports. Thus, although Judge
McGinty’s most immediate salary interest in this lawsuit, on March 29, 2024,
was the $20,700 “force of law” increase that, because of Judge Sober’s
inaction on petitioners’ March 19, 2024 order to show cause, took effect on
April 1, 2024 (NYSCEF
#47), her
actual salary interest is $101,300, the
difference between her now $221,100 salary and the $119,800 salary
uninflated by the 2011, 2015, and 2023 “false instrument” commission
Reports.
As for Judge McGinty’s claw-back liability, just
in terms of her salary and not counting her salary-based compensation
benefits, the total, as of the November 13, 2024 date of her decision, is
approximately $625,412 as follows:
·
From January 1, 2017 to April
1, 2017: $15,900 ·
from April 1, 2017 to April 1,
2018: $65,400 ·
from April 1, 2018 to April 1,
2019: $77,800 ·
from April 1, 2019 to April
1,2024: $403,000 ·
from April 1, 2024 to November
13, 2024: $63,312
ANTHONY McGINTY -- Ulster County
“Judge,
Family Court, Ulster County, Elected, 2006 to 2015; Re-elected, 2016 to 2025
Supervising Judge, Family Courts, Third Judicial Dist., Designated,
2016 to 2022
Acting Justice, Supreme Court, Ulster County, 2011 to Present
Judge, Family Court, Ulster County, Elected, 2006 to 2015
·
On January 1, 2006, elected Rosendale Town
Justice Anthony McGinty took office as an elected Ulster County Family Court
judge, the salary for which was $127,000, pursuant to
Judiciary Law §221-E.
·
Six years and three months later, on April 1,
2012, this $127,000 salary rose to $148,700, as a result of the August 29,
2011 Report of the Commission on Judicial Compensation (p. 9) (NYSCEF
#87) and, pursuant thereto, it rose
again, on April 1, 2013, to $155,200, and then again, on April 1, 2014 to
$161,700, where it remained for two years. ·
On April 1, 2016, as a result of the December
24, 2015 Report of the Commission on Legislative, Judicial and Executive
Compensation, his salary rose to $185,600 and then rose again, on April 1,
2017 to $187,400, and then rose again on April 1, 2018, to $200,000, and
then rose again, on April 1, 2019 to $202,800 (NYSCEF
#88) . ·
This $202,800 salary remained Family Court Judge
McGinty’s salary for five years, until April 1, 2024, when, as a
result of the “force of law” December 4, 2023 Report of the (3rd)
Commission on Legislative, Judicial and Executive Compensation – the subject
of this lawsuit – it rose to $221,100 (NYSCEF
#47).
Because this lawsuit, by its January 18, 2024
Opposition Report (NYSCEF
#6), not only establishes that the
December 4, 2023 Report is statutorily-violative, fraudulent, and
unconstitutional, but that it replicates the same statutory violations,
fraud, and unconstitutionality of the two predecessor Reports, the voiding
of the December 4, 2023 Report, sought by the verified petition’s first
cause of action (NYSCEF
#1, pp. 12-13, 15) will necessarily
result in the voiding of the prior two Reports. Thus, although Judge
McGinty’s most immediate salary interest in this lawsuit, on March 29, 2024,
was the $20,700 “force of law” increase that, because of Judge Sober’s
inaction on petitioners’ March 19, 2024 order to show cause, took effect on
April 1, 2024 (NYSCEF
#47), his
actual salary interest is $94,100, the
difference between his now $221,100 salary and the $127,000 salary
uninflated by the 2011, 2015, and 2023 “false instrument” commission
Reports.
As for Family Court Judge McGinty’s claw-back
liability, just in terms of his salary and not counting his salary-based
compensation benefits, the total, as of the November 13, 2024 date of his
wife’s decision, is approximately
$749,112
as follows:
·
from April 1, 2012 to March 31,
2013: $21,700 ·
from April 1, 2013 to March 31,
2014: $28,200 ·
from April 1, 2014 to March 31,
2016: $69,400 ·
from April 1, 2016 to March 31,
2017: $58,600 ·
from April 1, 2017 to April 1,
2018: $60,400 ·
from April 1, 2018 to April 1,
2019: $73,000 ·
from April 1, 2019 to April
1,2024: $379,000 ·
from April 1, 2024 to November
13, 2024: $58,812
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CJA Ho |
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Post Office Box 8101,
White Plains, New York 10602 |
