NYS Judicial Compensation

Bringing Transparency, Evidence & Public Accountability
to the One-Sided, Media-Created View
(Swallowed Whole from the Judicial-Legal Establishment)
that NYS Judges are Underpaid & Entitled to a Raise

#7: cc to Commissioners: CJA's July 19, 2011 letter to NYS Attorney General Eric T. Schneiderman -- "(1) Vindicating the Public's Rights against Judicial Fraud: The Court of Appeals' February 23, 2010 Decision Underlying BOTH the Creation of the Commission on Judicial Compensation & the Perpetuation of the Judicial Compensation Lawsuits; (2) FOIL & Project Sunlight Requests: Posting of the Record of the Judicial Compensation Lawsuits on the Attorney General's Website -- &/or Providing the Record to the Center for Judicial Accountability for Posting on its Website"

#13: cc to Commission: CJA's August 17, 2011 letter to Advocates of Judicial Pay Raises -- "Protecting the People of this State from Fraud: The Commission on Judicial Compensation's Duty to Identify the Case Presented by Opponents of ANY Judicial Pay Raises & to Make Findings with Respect Thereto, in Discharge of its Statutory Responsibilities"

E-Mail sent (8/17/11) -- with cc to Commission --

TO:      New York City Corporation Counsel Michael Cardozo
                     Mayor’s Advisory Committee Chairman Zachary Carter
                       Bar Leaders Testifying at the July 20, 2011 Hearing:
                               Roger Juan Maldonado, Chair/Council on Judicial Administration, NYC Bar Association
                               Vincent E. Doyle, III, President, NYS Bar Association
                               Stewart Aaron, President, NY Co. Lawyers’ Association
                               Leslie Kelmachter, President, NYS Trial Lawyers Association
                               Lance D. Clarke, Past President, Nassau County Bar Association
                               Maureen Maney, President-Elect, Women’s Bar Association of NYS
                               Victor Kovner, Chairman, Fund for Modern Courts
                       Brennan Center for Justice:
                               Michael Waldman, Executive Director
                               J. Adam Skaggs, Senior Counsel/Democracy Program

   -- request for their assistance in forwarding "to other judicial pay raise advocates so that they, like yourselves, may have the opportunity to defend the indefensible."

E-Mail sent (8/19/11) -- with cc to Commission --

           TO:    New York State Chief Administrative Judge Ann Pfau
                      Former New York State Chief Judge Judith S. Kaye
                      Coalition of New York State Judicial Associations –
                                  Organizers: Family Court Judges W. Dennis Duggan & Daniel Turbow
                        Association of Supreme Court Justices of the State of New York
                        New York City Supreme Court Justices Association
                        Designated Supreme Court Justices Association
                        New York State Court of Claims Judges (Parts, B, D & E) Association
                        New York State Surrogates Association
                        New York State Family Court Judges Association
                        New York City Family Court Judges Association
                        New York City Criminal Court Judges Association
                        New York City Civil Court Judges Association
                        New York State City Court Judges Association
                        New York City Housing Court Judges Association
                        New York State District Court Judges Association
                        Joseph L. Forstadt, Esq., Counsel/
                                 Associations of Supreme Court Justices of the City and State of New York
                        Former Appellate Division, Second Department Justice Robert Spolzino

-- request that they forward "to ALL the judges and former judges who testified at the Commission’s July 20^th hearing and/or submitted written statements to the Commission – indeed, to ALL New York State’s 1,200-plus judges and such former state judges who have retired and/or resigned since 1999 so that they, like yourselves, may have the opportunity to defend the indefensible."

E-Mail sent (8/19/11) -- with cc to Commission --
TO: Denis M. Hughes, President/NYS AFL-CIO -- "RE: Request for a Meeting & Reconsideration by the New York State AFL-CIO of its Support for Judicial Pay Raises"

       August 22, 2011 letter -- "RE: Request for a Meeting & Withdrawal of Support for Judicial Pay Raises"
                TO: League of Women Voters of the State of NY
                            Betsey B. Swan President
                       Citizens Union of the City of NY
                            Peter J.W. Sherwin, Chair/Board of Directors
                            Dick Dadey, Executive Director

#14: cc to Commissioners:   CJA's August 23, 2011 letter to Chief Administrative Judge Ann Pfau -- "Ensuring that the Commission on Judicial Compensation is Not Led into Constitutional Error: Clarification of the Office of Court Administration’s “Memorandum discussing constitutional considerations in establishing judicial pay levels” – and the Substantiating Evidence

                     Enclosures: (1) “Memorandum discussing constitutional considerations in establishing judicial pay levels”
                                         (2) CJA's June 14, 2011 letter to Chief Administrative Judge Ann Pfau
                                          Attachments:
                                                 (1) December 7, 2007 and September 23, 2008 Administrative Orders
                                                 (2) "Introduction” & "Questions Presented" from appellant’s three appeal briefs
                                                             #1;   #2;   #3 & #4;
                                                 (3) March 16, 2011 letter to App. Div Justices (Peter) Skelos, Eng, Hall, and Lott;
                                                 (4) May 23, 2011 letter to Appointing Authorities: Cuomo, (Dean) Skelos, Silver, Lippman

             click here -- Test Case - NY (Landlord/Tenant)

August 25, 2011 acknowledgment letter from OCA counsel John W. McConnell

#16: cc to Commissioners: CJA's September 2, 2011 letter to Administrative Staff for the Commission on Judicial Compensation -- "Not Accessible to the Public: (1) The Videos of the Commission on Judicial Compensation’s Hearing & Meetings; (2) the Commission’s 'Final Report'; and (3) 'All of the comments and submissions' Received by the Commission, Including CJA’s August 17, 2011 Letter Entitled “Protecting the People of this State From Fraud…”

NY State Judges are the "constitutional officers" of our third branch of NYS government -- the judicial branch. The scam that NYS judicial salaries are "inadequate" and "discriminatory" has been accomplished by the following deceits:

(a) using an IMPROPER basis of comparison, to wit, salaries in the private sector and of state (civil service) government employees. The PROPER basis of comparison is to the salaries of the "constitutional officers" of NYS' two other government branches -- the Executive and Legislative branches -- whose salaries, like NYS judicial salaries, have remained UNCHANGED since 1999;

(b) concealing what the salaries of these other "constitutional officers" are, as well as the vastly inferior tenure they enjoy. Here are those salaries & tenure info: See, Sunshine Review: Bringing State & Local Government to Light

         Governor: $179,000 -- limited job security: faces the voters every 4 years
          [On January 3, 2011, Gov. Andrew Cuomo announced that he would reduce his salary by 5%
                  "Change starts at the top and we will lead by example."]

Lieutenant Governor: $ 151,500 -- limited job security: faces the voters every 4 years, together with governor
[On January 3, 2011, Lt. Gov. Robert Duffy also took a 5% pay cut]

Comptroller: $151,500 -- limited job security: faces the voters every 4 years

Attorney General: $151,500 -- limited job security: faces the voters every 4 years

          Senators (62): $79,500 -- limited job security: face the voters every 2 years

         Assemblymen/women (150): $79,500 -- legislators: 2 year terms; $79,500
                 The Speaker of the Assembly earns an extra $41,500 per year. Approximately half of the state’s
                 legislators hold outside jobs, but state ethics rules do not require lawmakers to specify outside income.

         Court of Appeals:   huge job security: 14 year appointive terms
                  Chief Judge -- $156,000; Associate Judges (6) -- $151,200

           Appellate Division:
                 Presiding Justices -- $147,600;   Associate Justices -- $144,00

           Appellate Term: Presiding Justices -- $142,700; Justices -- $139,700

           Deputy/Assistant Chief Administrative Judges -- $144,000

           Supreme Court: huge job security: 14-year elective terms
                    Justices -- $136,700

         Court of Claims: huge job security: 9-year appointive terms
                    Presiding Judge -- $144,000 Judges -- $136,700

           County Court: huge job security: 10-year elective terms
                    Judges -- $119,800 - $136,700 (depending on county)

           Family Court: huge job security: 10-year elective terms
                    Judges --   $119,800 - $136,700 (depending on county)

           Surrogate Court:   huge job security: 10-year elective terms
                    Judges -- $119,800 - $136,700 (depending on county)

           NYC Civil & Criminal Court: huge job security: 10-year appointive terms
                    Judges -- $125,600

           Nassau/Suffolk District Court:
                     President Board of Judges: $126,900
                     Judges -- $122,700

           City Courts (outside NYC)
                     Judges: $108,800 - $119,500 (full-time)

B. THE AVERAGE &/OR MEDIAN SALARY OF THE 19-million plus New Yorkers -- Here's the "median household income" of New Yorkers -- $45.343 (click here for New York Times listing of "General Information on New York")

C. THAT NO ONE HAS POLLED THE 19+ MILLION NEW YORKERS OR NEW YORK'S 160,000+ LAWYERS AS TO THEIR VIEWS OF JUDICIAL COMPENSATION AND WHETHER NEW YORK'S JUDGES SHOULD BE GIVEN A RAISE

Box 8101 White Plains, New York Tel: 914-421-1200

Box 8101 White Plains, New York
Tel: 914-421-1200