S T A T E O F N E W Y O R K
________________________________________________________________________
5784
2011-2012 Regular Sessions
I N A S S E M B L Y
February 28, 2011
___________
Introduced by M. of A. TOBACCO, BOYLE, RABBITT, DUPREY -- read once and
referred to the Committee 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2 221-f, 221-g, 221-h, 221-i and 223 of the judiciary law are REPEALED and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 JANU-
13 ARY FIRST, TWO THOUSAND ELEVEN.
14 (II) EXCEPT AS OTHERWISE PROVIDED BY LAW, ON THE FIRST DAY OF APRIL IN
15 EACH YEAR COMMENCING ON OR AFTER TWO THOUSAND TWELVE, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08872-01-1
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1 THE SUPREME COURT SHALL BE INCREASED BY ADDING THERETO A PERCENTAGE
2 THEREOF EQUALING THE PERCENTAGE BY WHICH THE SALARY OF A JUDGE OF THE
3 UNITED STATES DISTRICT COURT WAS INCREASED IN SUCH TWELVE-MONTH PERIOD.
4 2. THE FOLLOWING JUDGES AND JUSTICES SHALL RECEIVE AN ANNUAL SALARY
5 EQUALING THAT OF A JUSTICE OF THE SUPREME COURT PLUS A PERCENTAGE THERE-
6 OF AS SET FORTH IN THIS PARAGRAPH:
7 (I) CHIEF JUDGE OF THE COURT OF APPEALS, FOURTEEN AND TWELVE ONE
8 HUNDREDTHS PERCENT;
9 (II) ASSOCIATE JUDGES OF THE COURT OF APPEALS, TEN AND SIXTY-ONE ONE
10 HUNDREDTHS PERCENT;
11 (III) PRESIDING JUSTICES OF THE APPELLATE DIVISION, SEVEN AND NINETY-
12 SEVEN ONE HUNDREDTHS PERCENT;
13 (IV) ASSOCIATE JUSTICES OF THE APPELLATE DIVISION, THE PRESIDING JUDGE
14 OF THE COURT OF CLAIMS AND JUDGES WHO ARE DESIGNATED DEPUTY CHIEF ADMIN-
15 ISTRATIVE JUDGES, FIVE AND THIRTY-FOUR ONE HUNDREDTHS PERCENT;
16 (V) PRESIDING JUSTICES OF THE APPELLATE TERM, JUDGES WHO ARE DESIG-
17 NATED DEPUTY OR ASSISTANT ADMINISTRATIVE JUDGES WITHIN THE CITY OF NEW
18 YORK AND JUDGES AND JUSTICES WHO ARE DESIGNATED ADMINISTRATIVE JUDGES
19 FOR A JUDICIAL DISTRICT OR COUNTY OUTSIDE THE CITY OF NEW YORK, THREE
20 AND FIFTY-ONE ONE HUNDREDTHS PERCENT;
21 (VI) ASSOCIATE JUSTICES OF THE APPELLATE TERM, TWO AND NINETEEN ONE
22 HUNDREDTHS PERCENT; AND
23 (VII) JUDGES OF THE COURT OF CLAIMS, NO ADDITIONAL PERCENTAGE.
24 3. THE FOLLOWING JUDGES SHALL RECEIVE AN ANNUAL SALARY EQUALING A
25 PERCENTAGE OF THAT OF A JUSTICE OF THE SUPREME COURT, AS SET FORTH IN
26 THIS PARAGRAPH:
27 (I) JUDGES OF THE COUNTY COURT, JUDGES OF THE FAMILY COURT AND JUDGES
28 OF THE SURROGATE'S COURT, NINETY-FIVE PERCENT;
29 (II) JUDGES OF THE NEW YORK CITY CIVIL COURT, JUDGES OF THE NEW YORK
30 CITY CRIMINAL COURT AND JUDGES OF THE DISTRICT COURT, NINETY-THREE
31 PERCENT; AND
32 (III) JUDGES OF A CITY COURT OUTSIDE THE CITY OF NEW YORK WHO ARE NOT
33 PERMITTED TO PRACTICE LAW, NINETY PERCENT.
34 NOTWITHSTANDING THE OTHER PROVISIONS OF THIS PARAGRAPH, ANY JUDGE
35 SPECIFIED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH, IN AN OFFICE THAT ON
36 DECEMBER THIRTY-FIRST, TWO THOUSAND TEN WAS PAID AN ANNUAL SALARY THAT
37 WAS MORE THAN NINETY-FIVE PERCENT OF THE ANNUAL SALARY PAID A JUSTICE OF
38 THE SUPREME COURT ON SUCH DATE, SHALL RECEIVE AN ANNUAL SALARY EQUALING
39 AN AMOUNT BEARING THE SAME PROPORTION TO THE SALARY OF A JUSTICE OF THE
40 SUPREME COURT AS THE ANNUAL SALARY OF HIS OR HER OFFICE BORE TO THE
41 SALARY OF A JUSTICE OF THE SUPREME COURT ON DECEMBER THIRTY-FIRST, TWO
42 THOUSAND TEN. IN THE EVENT A NEW JUDGESHIP IS ESTABLISHED FOR A COUNTY
43 COURT, FAMILY COURT OR SURROGATE'S COURT ON A DATE AFTER DECEMBER THIR-
44 TY-FIRST, TWO THOUSAND TEN, THE ANNUAL SALARY FOR SUCH OFFICE SHALL
45 EQUAL THE ANNUAL SALARY FOR EACH OTHER JUDGESHIP ALREADY ESTABLISHED
46 FOR SUCH COURT ON SUCH DATE.
47 4. (I) EACH JUDGE OF A CITY COURT OUTSIDE THE CITY OF NEW YORK, WHO IS
48 PERMITTED TO PRACTICE LAW, SHALL RECEIVE AN ANNUAL SALARY EQUALING AN
49 AMOUNT BEARING THE SAME PROPORTION TO THE SALARY OF THE LOWEST-PAID
50 JUDGE OF A CITY COURT WHO IS NOT PERMITTED TO PRACTICE LAW AS THE SALA-
51 RY OF HIS OR HER OFFICE ON DECEMBER THIRTY-FIRST, TWO THOUSAND TEN BORE
52 TO THE SALARY OF SUCH LOWEST-PAID JUDGE ON SUCH DATE; EXCEPT THAT,
53 EFFECTIVE APRIL FIRST, TWO THOUSAND ELEVEN, EACH JUDGE OF A CITY COURT
54 OUTSIDE THE CITY OF NEW YORK WHO IS PERMITTED TO PRACTICE LAW SHALL
55 RECEIVE AN ANNUAL SALARY EQUALING AN AMOUNT BEARING THE SAME PROPORTION
56 TO THE SALARY OF THE LOWEST-PAID JUDGE OF A CITY COURT WHO IS NOT
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1 PERMITTED TO PRACTICE LAW AS THE SALARY OF HIS OR HER OFFICE ON APRIL
2 FIRST, TWO THOUSAND ELEVEN BEARS TO THE SALARY FOR SUCH LOWEST-PAID
3 JUDGE ON SUCH DATE PURSUANT TO THE PROVISIONS OF CHAPTER FOUR HUNDRED
4 NINETY-THREE OF THE LAWS OF TWO THOUSAND SIX.
5 (II) IN THE EVENT A NEW JUDGESHIP IS ESTABLISHED FOR A CITY COURT
6 OUTSIDE THE CITY OF NEW YORK ON A DATE AFTER DECEMBER THIRTY-FIRST, TWO
7 THOUSAND TEN, AND THE PERSON WHO HOLDS SUCH OFFICE IS PERMITTED TO PRAC-
8 TICE LAW, THE ANNUAL SALARY FOR SUCH OFFICE ON THE DATE OF ITS ESTAB-
9 LISHMENT SHALL BE AS PROVIDED BY LAW. THEREAFTER THE ANNUAL SALARY OF
10 SUCH OFFICE SHALL BE AS PROVIDED IN SUBPARAGRAPH (I) OF THIS PARAGRAPH
11 EXCEPT THAT, FOR PURPOSES OF SUCH SUBPARAGRAPH (I), THE DATE ON WHICH
12 SUCH OFFICE WAS ESTABLISHED SHALL BE SUBSTITUTED FOR THE DATE SPECIFIED
13 THEREIN.
14 5. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, THE ANNUAL
15 SALARIES OF EACH OF THE FOLLOWING JUDGES, AS SPECIFIED IN PARAGRAPH
16 THREE OF THIS SUBDIVISION, SHALL BE INCREASED BY THE AMOUNTS SET FORTH
17 IN THIS PARAGRAPH:
18 (I) EACH CHIEF JUDGE OF A CITY COURT OUTSIDE THE CITY OF NEW YORK, WHO
19 IS NOT PERMITTED TO PRACTICE LAW, AN AMOUNT EQUAL TO ONE AND FIVE ONE
20 HUNDREDTHS PERCENT OF HIS OR HER ANNUAL SALARY; AND
21 (II) EACH PRESIDENT OF THE BOARD OF JUDGES OF A DISTRICT COURT, AN
22 AMOUNT EQUAL TO THREE AND FORTY-TWO ONE HUNDREDTHS PERCENT OF HIS OR HER
23 ANNUAL SALARY.
24 S 2. Subdivision (f) of section 110 of the New York city civil court
25 act, as amended by chapter 64 of the laws of 2007, is amended to read as
26 follows:
27 (f) The housing judges shall be appointed by the administrative judge
28 from a list of persons selected annually as qualified by training,
29 interest, experience, judicial temperament and knowledge of federal,
30 state and local housing laws and programs by the advisory council for
31 the housing part. The list of persons who have been approved by such
32 advisory council, whether or not appointed to such judicial position,
33 shall be deemed public information and be published in the city record
34 immediately after such list is submitted to the administrative judge.
35 The annual salary of a housing judge shall [be one hundred fifteen thou-
36 sand four hundred dollars] EQUAL AN AMOUNT REPRESENTING NINETY-FIVE
37 PERCENT OF THE ANNUAL SALARY OF A JUDGE OF THE NEW YORK CITY CIVIL
38 COURT.
39 S 3. (a) There shall be established a special commission on judges and
40 justices of the unified court system to:
41 (i) determine whether, for any period of four years beginning with the
42 year 2012, the formula for annual salary adjustment set forth in subpar-
43 agraph (ii) of paragraph 1 of subdivision (b) of section 221 of the
44 judiciary law, as added by section one of this act, warrants adjustment;
45 and
46 (ii) examine, evaluate and make recommendations with respect to non-
47 salary benefits of state-paid judges and justices of the unified court
48 system.
49 (b) In discharging its responsibilities under subdivision (a) of this
50 section, the commission shall take into account all appropriate factors
51 including, but not limited to: the overall economic climate; inflation
52 and changes in public sector spending since January 1, 1999; the levels
53 of compensation and non-salary benefits received by judges and justices
54 of other states and of the federal government; the levels of compen-
55 sation and non-salary benefits received by professionals in government,
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1 academia and private and nonprofit enterprise; and the state's ability
2 to fund increases in compensation and non-salary benefits.
3 (c) The commission shall consist of 13 members to be appointed as
4 follows: 4 shall be appointed by the governor; 2 shall be appointed by
5 the temporary president of the senate; 1 shall be appointed by the
6 minority leader of the senate; 2 shall be appointed by the speaker of
7 the assembly; 1 shall be appointed by the minority leader of the assem-
8 bly; and 3 shall be appointed by the chief judge of the state. Of the
9 members appointed by an official pursuant to this subdivision, where
10 such official has more than one such appointment, at least one-half (at
11 least a majority, in the case of the governor) shall not be employees of
12 the state or any political subdivision thereof, and at least one-half
13 shall not be members of the bar of the state. The governor shall desig-
14 nate the chair of the commission from among the members so appointed.
15 Vacancies in the commission shall be filled in the same manner as
16 original appointments. To the extent practicable, members of the commis-
17 sion shall have experience in one or more of the following: determi-
18 nation of executive compensation, human resource administration and
19 financial management.
20 (d) The commission may meet within and without the state, may hold
21 public hearings and shall have all the powers of a legislative committee
22 pursuant to the legislative law.
23 (e) The members of the commission shall receive no compensation for
24 their services but shall be allowed their actual and necessary expenses
25 incurred in the performance of their duties pursuant to this section.
26 (f) No member of the commission shall be disqualified from holding any
27 other public office or employment, nor shall he or she forfeit any such
28 office or employment by reason of his or her appointment pursuant to
29 this section, notwithstanding the provisions of any general, special or
30 local law, regulation, ordinance or city charter.
31 (g) To the maximum extent feasible, the commission shall be entitled
32 to request and receive and shall utilize and be provided with such
33 facilities, resources and data of any court, department, division,
34 board, bureau, commission, agency or public authority of the state or
35 any political subdivision thereof as it may reasonably request to carry
36 out properly its powers and duties pursuant to this section.
37 (h) The commission may employ and at its pleasure remove such person-
38 nel as it may deem necessary for the performance of its functions and
39 fix compensation within amounts made available therefor by appropri-
40 ation.
41 (i) (i) The commission shall make a report to the governor, the legis-
42 lature and the chief judge of the state of its findings, conclusions,
43 determinations and recommendations not later than September 1, 2011.
44 (ii) The levels of compensation recommended by the commission pursuant
45 to paragraph (i) of subdivision (a) of this section shall take effect
46 January 1, 2012.
47 (iii) Each recommendation of the commission made to implement a deter-
48 mination pursuant to paragraph (i) of subdivision (a) of this section
49 shall have the force of law, and shall supersede inconsistent provisions
50 of subparagraph (ii) of paragraph 1 of subdivision (b) of section 221 of
51 the judiciary law, as added by section one of this act, unless modified
52 or abrogated by statute prior to April first of the year as to which
53 such determination applies.
54 (j) Upon the making of its report as provided in subdivision (i) of
55 this section, the commission established pursuant to this section shall
56 be deemed dissolved.
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1 S 4. (a) On the first of April of every fourth year, commencing April
2 1, 2015, there shall be established for such year a commission on judi-
3 cial compensation to examine, evaluate and make recommendations with
4 respect to adequate levels of compensation and non-salary benefits for
5 judges and justices of the state-paid courts of the unified court
6 system. In accordance with the provisions of this section, the commis-
7 sion shall:
8 (i) examine the prevailing adequacy of pay levels and non-salary bene-
9 fits received by judges and justices of the state-paid courts of the
10 unified court system and determine whether any of such pay levels
11 warrant adjustment; and
12 (ii) determine whether, for any of the four years following the year
13 in which the commission is established, the formula for annual salary
14 adjustment set forth in subparagraph (ii) of paragraph 1 of subdivision
15 (b) of section 221 of the judiciary law, as added by section one of this
16 act, warrants adjustment.
17 In discharging its responsibilities under paragraphs (i) and (ii) of
18 this subdivision, the commission shall take into account all appropriate
19 factors including, but not limited to: the overall economic climate;
20 rates of inflation; changes in public-sector spending; the levels of
21 compensation and non-salary benefits received by judges and justices of
22 other states and of the federal government; the levels of compensation
23 and non-salary benefits received by professionals in government, acade-
24 mia and private and nonprofit enterprise; and the state's ability to
25 fund increases in compensation and non-salary benefits.
26 (b) The commission shall consist of 13 members to be appointed as
27 follows: 4 shall be appointed by the governor; 2 shall be appointed by
28 the temporary president of the senate; 1 shall be appointed by the
29 minority leader of the senate; 2 shall be appointed by the speaker of
30 the assembly; 1 shall be appointed by the minority leader of the assem-
31 bly; and 3 shall be appointed by the chief judge of the state. Of the
32 members appointed by an official pursuant to this subdivision, where
33 such official has more than one such appointment, at least one-half (at
34 least a majority, in the case of the governor) shall not be employees of
35 the state or any political subdivision thereof, and at least one-half
36 shall not be members of the bar of the state. The governor shall desig-
37 nate the chair of the commission from among the members so appointed.
38 Vacancies in the commission shall be filled in the same manner as
39 original appointments. To the extent practicable, members of the commis-
40 sion shall have experience in one or more of the following: determi-
41 nation of executive compensation, human resource administration and
42 financial management.
43 (c) The commission may meet within and without the state, may hold
44 public hearings and shall have all the powers of a legislative committee
45 pursuant to the legislative law.
46 (d) The members of the commission shall receive no compensation for
47 their services but shall be allowed their actual and necessary expenses
48 incurred in the performance of their duties hereunder.
49 (e) No member of the commission shall be disqualified from holding any
50 other public office or employment, nor shall he or she forfeit any such
51 office or employment by reason of his or her appointment pursuant to
52 this section, notwithstanding the provisions of any general, special or
53 local law, regulation, ordinance or city charter.
54 (f) To the maximum extent feasible, the commission shall be entitled
55 to request and receive and shall utilize and be provided with such
56 facilities, resources and data of any court, department, division,
A. 5784 6
1 board, bureau, commission, agency or public authority of the state or
2 any political subdivision thereof as it may reasonably request to carry
3 out properly its powers and duties pursuant to this section.
4 (g) The commission may employ and at its pleasure remove such person-
5 nel as it may deem necessary for the performance of its functions and
6 fix compensation within amounts made available therefor by appropri-
7 ation.
8 (h) The commission shall make a report to the governor, the legisla-
9 ture and the chief judge of the state of its findings, conclusions,
10 determinations and recommendations, if any, not later than one hundred
11 fifty days after its establishment. Each recommendation made to imple-
12 ment a determination pursuant to paragraph (ii) of subdivision (a) of
13 this section shall have the force of law, and shall supersede inconsist-
14 ent provisions of subparagraph (ii) of paragraph 1 of subdivision (b) of
15 section 221 of the judiciary law, as added by section one of this act,
16 unless modified or abrogated by statute prior to April first of the year
17 as to which such determination applies.
18 (i) Upon the making of its report as provided in subdivision (h) of
19 this section, each commission established pursuant to this section shall
20 be deemed dissolved.
21 S 5. Date of entitlement to salary increase. Notwithstanding the
22 provisions of this act or of any other law, each increase in salary or
23 compensation of any judge and justice of the unified court system
24 provided by this act shall be added to the salary or compensation of
25 such judge and justice of the unified court system at the beginning of
26 that payroll period the first day of which is nearest to the effective
27 date of such increase as provided in this act, or at the beginning of
28 the earlier of two payroll periods the first days of which are nearest
29 but equally near to the effective date of such increase as provided in
30 this act; provided, however, the payment of such salary increase pursu-
31 ant to this section on a date prior thereto instead of on such effective
32 date, shall not operate to confer any additional salary rights or bene-
33 fits.
34 S 6. The annual salaries as prescribed pursuant to this act for state-
35 paid judges and justices of the unified court system, whenever adjusted
36 pursuant to the provisions of this act, shall be rounded up to the near-
37 est multiple of one hundred dollars.
38 S 7. The sum of forty-eight million two hundred thousand dollars
39 ($48,200,000), or so much thereof as may be necessary, is hereby appro-
40 priated out of any moneys in the state treasury in the general fund to
41 the credit of the state purposes account, not otherwise appropriated,
42 and made immediately available to the administrative office of the
43 courts for payment pursuant to the provisions of sections one and two of
44 this act.
45 S 8. This act shall take effect immediately; provided, that the
46 provisions of sections one and two of this act shall be deemed to have
47 been in full force and effect on and after January 1, 2011.