CJA Leads the Way to NYS Budget Reform...

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Speech or Debate

The Neglected Value of the Legislative Privilege, 2003

Chief Judge v. Governor, October 29, 2009

Mark Favors v. Cuomo brief, June 2012

Developing a Speech or Debate Clause Framework for Redistricting Litigation, 2014

National Conference of State Legislatures

CENTER FOR JUDICIAL ACCOUNTABILITY, INC. and ELENA RUTH SASSOWER, individually and as Director of the Center for Judicial Accountability, Inc., acting on their own behalf and on behalf of the People of the State of New York & the Public Interest,                                                                                                       

                                               -v-                                                                                                     

ANDREW M. CUOMO, in his official capacity as Governor of the State of New York, DEAN SKELOS in his official capacity as Temporary Senate President,  THE NEW YORK STATE SENATE, SHELDON SILVER, in his official capacity as Assembly Speaker, THE NEW YORK STATE ASSEMBLY, ERIC T. SCHNEIDERMAN, in his official capacity as Attorney General of the State of New York, and THOMAS DiNAPOLI, in his official capacity as Comptroller of the State of New York,

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“It is the purpose of the legislature to recognize that each individual citizen and taxpayer of the state has an interest in the proper disposition of all state funds and properties.  Whenever this interest is or may be threatened by an illegal or unconstitutional act of a state officer or employee, the need for relief is so urgent that any citizen-taxpayer should have and hereafter does have a right to seek the remedies provided for herein.”     State Finance Law, §123: “Legislative purpose” 

“A budget is a statement of the financial position of the government, for a definite period of time, based upon an estimate of proposed expenditures and anticipated revenues…The method by which public budgets are prepared is governed by the State Constitution and the applicable State statutes.  The requirements contained in those documents are not particularly burdensome and permit the executive and the legislative officials considerable freedom of action in implementing governmental operations and programs and providing for the revenues to fund them.  The legal requirements they contain, however, are grounded in the general principles of fiscal responsibility and the accountability that underpins the regulation of all public conduct and they must be followed.”   Korn v. Gulotta, 72 N.Y.2d 363, 372-373 (1988), underlining added

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