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Fighting Off Progeny
of the Judicial Compensation Statute --
click here for
Senate bill S-2953 * * *
CJA's July 9, 2013 letter to All Senators & Assembly Members --
click here for
Rules Reform
Resource Page
2012 Annual Report of Senate Committee on Investigations
& Governmental Operations
2012 Annual Report of Assembly Committee on Oversight,
Analysis & Investigation February 2005: "A
Guide to Legislative Oversight":
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A.246: passed by Assembly: 6:52 pm on June
20, 2013 -- * * * Correspondence to Senate & Assembly Oversight Committees
CJA's June 20, 2013 e-mail to
* * * Correspondence to the Assembly
CJA's June 20, 2013 e-mail to All Assembly Members --
CJA's June 19, 2013 e-mail to Assembly Rules Committee --
click here for Rules Reform Resource Page * * * Correspondence to the Senate
CJA's June 19, 2013 e-mail to All Senators
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CJA's April 26, 2013 memorandum to All Senators
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Legal Research -- click below
for:
September 26, 2007 motion by the Association of the Bar
of the City of New York in the NY Court of Appeals to file an
amicus curiae
brief in
support of appeal in
McKinney v. NYS Dept of Health
"...The
question for which plaintiffs-appellants seek leave to
appeal...is an important one...to our democratic institutions
generally. The 'legislation by inaction' model created by
the Enabling Legislation L.2005, ch.63, Part E..., and the
embedded potential for error or abuse in that paradigm, should
not be allowed to supplant constitutionally mandated decision
making by the Legislature.
The question for which
plaintiffs-appellants seek leave to appeal must be carefully
reviewed now because it will recur in other contexts if approved
here." (moving
affirmation, see para 2)
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City Bar's
amicus curiae
brief, October 3, 2007
"...the courts below failed to
appreciate the extraordinarily broad lawmaking
powers that were granted to the Berger Commission..and created
dangerous precedent that allows legislators to relinquish their
constitutional responsibilities to enact laws and institute
policies on behalf of the voters to whom they must be
politically-accountable..." (at p. 11)
"It is no coincidence that the
parties have been unable to cite to New York precedent that
analyzes the delegations of legislative authority in a form
similar to the Berger Commission. The truth is that
the Enabling Legislation created a process of lawmaking
never before seen in the State of New York, whereby an
unelected commission was granted broad discretion to restructure
the state's delivery of services to its constituents, and whose
final recommendations have been thrust upon state residents with
the force of law without legislative review, approval or
accountability...
"One of the most unusual
features of the Enabling Legislation -- not acknowledged by the
courts below -- is the 'self-executing' mechanism by which the
recommendations formulated by an unelected commission
automatically become law...without any legislative action.
The significance of this aspect of the Enabling Legislation
cannot be overstated....
"...should this Court [of Appeals] deny Appellants' motion for
leave to appeal, and thereby permit the Enabling Legislation and
the Berger Commission's Final Report to stand, it will
set the stage for the arbitrary handling of public resources
under the guise of future temporary commissions that are not
subject to public scrutiny or accountability."
(at p. 36).
May 2007 REPORT OF THE COMMITTEE ON STATE AFFAIRS OF THE
ASSOCIATION OF THE BAR OF THE CITY OF NEW YORK:
"Supporting
Legislative Rules Reform: The Fundamentals" --
identifying, at pages 9-10, the health care facilities statute as the product of a
dsyfunctional Legislature, that it intended to file amicus curiae
brief, etc., and that
--"... no less than seven lawsuits have been filed seeking to
enjoin and/or invalidate the commission and/or its
recommendations. ... the triggering provision of the enabling
legislation required the Governor or the Legislature to
specifically negate the recommendations ... in order to prevent
them from taking effect."
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CJA's June 19, 2013 request to Assembly Public Information Office June 26, 2013 response from Assembly Public Information Office * * *
--
click here for: * * * September 16, 2013 letter to Governor from AFL-CIO 2011 bulletin from Division of Budget
click here for: PRESS IN ACTION
* * * CJA's Rules Reform webpages Rules Reform Resource Page -- including 2004, 2006, 2008 Brennan Center Reports Assembly Rules Reform Resource Page Championing appropriate rules & leadership for the New York State Legislature The People Lead -- Securing Passage of The Public Trust Act & a Properly-Functioning Legislature
click here for: MENU OF CJA's JUDICIAL COMPENSATION WEBPAGES
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CJA Ho |
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P.O. Box 8101, White Plains, New York 10602
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