Provides for increased compensation for certain state employees; provides that a commission shall be formed every four years to examine the level of compensation of judges of the state.
STATE OF NEW YORK
________________________________________________________________________
6550
2007-2008 Regular Sessions
IN SENATE
December 10, 2007
___________
Introduced by Sen. DeFrancisco -- read twice and ordered printed, and
when printed to be committed to the Committee on Finance
AN ACT to amend the judiciary law and the New York city civil court act,
in relation to compensation of certain state employees; making an
appropriation therefor; and to repeal certain sections of the judici-
ary law relating thereto
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2 221-f, 221-g, 221-h, 221-i and 223 of the judiciary law are REPEALED and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 § 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 seven.
14 (ii) Except as otherwise provided by law, effective on the first day
15 of July, two thousand eight and, thereafter, on the first day of April
16 in each year commencing in the year two thousand nine, if the annual
17 salary of a judge of the United States district court was increased
18 within the twelve-month period ending the preceding March thirty-first,
19 the annual salary of a justice of the supreme court shall be increased
20 by adding thereto a percentage thereof equaling the percentage by which
21 the salary of a judge of the United States district court was increased
22 in such twelve-month period.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14591-03-7
S. 6550 2
1 2. The following judges and justices shall receive an annual salary
2 equaling that of a justice of the supreme court plus a percentage there-
3 of as set forth in this paragraph:
4 (i) chief judge of the court of appeals, fourteen and twelve one
5 hundredths percent;
6 (ii) associate judges of the court of appeals, ten and sixty-one one
7 hundredths percent;
8 (iii) presiding justices of the appellate division, seven and ninety-
9 seven one hundredths percent;
10 (iv) associate justices of the appellate division, the presiding judge
11 of the court of claims and judges who are designated deputy chief admin-
12 istrative judges, five and thirty-four one hundredths percent;
13 (v) presiding justices of the appellate term, judges who are desig-
14 nated deputy or assistant administrative judges within the city of New
15 York and judges and justices who are designated administrative judges
16 for a judicial district or county outside the city of New York, three
17 and fifty-one one hundredths percent;
18 (vi) associate justices of the appellate term, two and nineteen one
19 hundredths percent; and
20 (vii) judges of the court of claims, no additional percentage.
21 3. The following judges shall receive an annual salary equaling a
22 percentage of that of a justice of the supreme court, as set forth in
23 this paragraph:
24 (i) judges of the county court, judges of the family court and judges
25 of the surrogate's court, ninety-five percent;
26 (ii) judges of the New York city civil court, judges of the New York
27 city criminal court and judges of the district court, ninety-three
28 percent; and
29 (iii) judges of a city court outside the city of New York who are not
30 permitted to practice law, ninety percent.
31 Notwithstanding the other provisions of this paragraph, any judge
32 specified in subparagraph (i) of this paragraph, in an office that on
33 December thirty-first, two thousand six was paid an annual salary that
34 was more than ninety-five percent of the annual salary paid a justice of
35 the supreme court on such date, shall receive an annual salary equaling
36 an amount bearing the same proportion to the salary of a justice of the
37 supreme court as the annual salary of his or her office bore to the
38 salary of a justice of the supreme court on December thirty-first, two
39 thousand six. In the event a new judgeship is established for a county
40 court, family court or surrogate's court on a date after December thir-
41 ty-first, two thousand six the annual salary for such office shall equal
42 the annual salary for each other judgeship already established for such
43 court on such date.
44 4. (i) Each judge of a city court outside the city of New York who is
45 permitted to practice law shall receive an annual salary equaling an
46 amount bearing the same proportion to the salary of the lowest-paid
47 judge of a city court who is not permitted to practice law as the salary
48 of his or her office on December thirty-first, two thousand six bore to
49 the salary of such lowest-paid judge on such day; except that, effective
50 April first, two thousand seven, each judge of a city court outside the
51 city of New York who is permitted to practice law shall receive an annu-
52 al salary equaling an amount bearing the same proportion to the salary
53 of the lowest-paid judge of a city court who is not permitted to prac-
54 tice law as the salary of his or her office on April first, two thousand
55 seven bears to the salary for such lowest-paid judge on such date pursu-
S. 6550 3
1 ant to the provisions of chapter four hundred ninety-three of the laws
2 of two thousand six.
3 (ii) In the event a new judgeship is established for a city court
4 outside the city of New York on a date after January first, two thousand
5 seven and the person who holds such office is permitted to practice law,
6 the annual salary for such office on the date of its establishment shall
7 be as provided by law. Thereafter the annual salary of such office shall
8 be as provided in subparagraph (i) of this paragraph except that, for
9 purposes of such subparagraph (i), the date on which such office was
10 established shall be substituted for the date specified therein.
11 5. Notwithstanding any other provision of this section, the annual
12 salaries of each of the following judges, as specified in paragraph
13 three of this subdivision, shall be increased by the amounts set forth
14 in this paragraph:
15 (i) each chief judge of a city court outside the city of New York who
16 is not permitted to practice law, an amount equal to one and five one
17 hundredths percent of his or her annual salary as provided by law; and
18 (ii) each president of the board of judges of a district court, an
19 amount equal to three and forty-two one hundredths percent of his or her
20 annual salary as provided by law.
21 § 2. Subdivision (f) of section 110 of the New York city civil court
22 act, as amended by chapter 64 of the laws of 2007, is amended to read as
23 follows:
24 (f) The housing judges shall be appointed by the administrative judge
25 from a list of persons selected annually as qualified by training,
26 interest, experience, judicial temperament and knowledge of federal,
27 state and local housing laws and programs by the advisory council for
28 the housing part. The list of persons who have been approved by such
29 advisory council, whether or not appointed to such judicial position,
30 shall be deemed public information and be published in the city record
31 immediately after such list is submitted to the administrative judge.
32 The annual salary of a housing judge shall [be one hundred fifteen thou-
33 sand four hundred dollars] equal an amount representing ninety-five
34 percent of the annual salary of a judge of the New York city civil
35 court.
36 § 3. (a) Effective on the first day of January, two thousand eight
37 and, thereafter, on the first day of April of every fourth year,
38 commencing April first, two thousand eleven, there shall be established
39 for such year a commission on judicial compensation to examine, evaluate
40 and make recommendations with respect to adequate levels of compensation
41 for judges and justices of the state-paid courts of the unified court
42 system and housing judges of the civil court of the city of New York. In
43 accordance with the provisions of this section, the commission shall:
44 (i) examine the prevailing adequacy of pay levels received by judges
45 and justices of the state-paid courts of the unified court system and
46 housing judges of the civil court of the city of New York and determine
47 whether any of such pay levels requires adjustment; and
48 (ii) determine whether the formula for annual salary adjustment set
49 forth in subparagraph (ii) of paragraph 1 of subdivision (b) of section
50 221 of the judiciary law, as added by section one of this act, requires
51 adjustment in any of the 4 succeeding years (or, as to the commission
52 established in 2008, in that year and in any of the 3 succeeding years).
53 In discharging its responsibilities under paragraphs (i) and (ii) of
54 this subdivision, the commission shall take into account all appropriate
55 factors including, but not limited to: the overall economic climate;
56 rates of inflation; changes in public-sector spending; the levels of
S. 6550 4
1 compensation received by judges of other states and of the federal
2 government; the levels of compensation received by professionals in
3 government, academia and private and nonprofit enterprise; and the
4 state's ability to fund increases in compensation.
5 (b) The commission shall consist of 13 members to be appointed as
6 follows: 4 shall be appointed by the governor; 2 shall be appointed by
7 the temporary president of the senate; 1 shall be appointed by the
8 minority leader of the senate; 2 shall be appointed by the speaker of
9 the assembly; 1 shall be appointed by the minority leader of the assem-
10 bly; and 3 shall be appointed by the chief judge of the state. Of the
11 members appointed by an official pursuant to this subdivision, where
12 such official has more than one such appointment, at least one-half (at
13 least a majority, in the case of the governor) shall not be employees of
14 the state or any political subdivision thereof, and at least one-half
15 shall not be members of the bar of the state. The governor shall desig-
16 nate the chair from among the members so appointed. Vacancies in the
17 commission shall be filled in the same manner as original appointments.
18 To the extent practicable, members of the commission shall have experi-
19 ence in one or more of the following: determination of executive
20 compensation, human resource administration and financial management.
21 (c) The commission may meet within and without the state, may hold
22 public hearings and shall have all the powers of a legislative committee
23 pursuant to the legislative law.
24 (d) The members of the commission shall receive no compensation for
25 their services but shall be allowed their actual and necessary expenses
26 incurred in the performance of their duties pursuant to this section.
27 (e) No member of the commission shall be disqualified from holding any
28 other public office or employment, nor shall he or she forfeit any such
29 office or employment by reason of his or her appointment pursuant to
30 this section, notwithstanding the provisions of any general, special or
31 local law, regulation, ordinance or city charter.
32 (f) To the maximum extent feasible, the commission shall be entitled
33 to request and receive and shall utilize and be provided with such
34 facilities, resources and data of any court, department, division,
35 board, bureau, commission, agency or public authority of the state or
36 any political subdivision thereof as it may reasonably request to carry
37 out properly its powers and duties pursuant to this section.
38 (g) The commission may employ and at its pleasure remove such person-
39 nel as it may deem necessary for the performance of its functions and
40 fix compensation within amounts made available therefor by budgetary
41 appropriation.
42 (h) The commission shall make a report to the governor, the legisla-
43 ture and the chief judge of the state of its findings, conclusions and
44 recommendations, if any, not later than 150 days after its establish-
45 ment; except that the commission established on the first day of Janu-
46 ary, 2008 shall make such report not later than April fifteenth, 2008.
47 Each recommendation made to implement a determination pursuant to para-
48 graph (ii) of subdivision (a) of this section shall have the force of
49 law, and shall supersede inconsistent provisions of subparagraph (ii) of
50 paragraph 1 of subdivision (b) of section 221 of the judiciary law, as
51 added by section one of this act, unless modified or abrogated by stat-
52 ute prior to April first of the year as to which such determination
53 applies (or, where such recommendation is made by the commission estab-
54 lished in 2008 and it bears upon a salary adjustment in such year,
55 unless modified or abrogated by statute prior to July first of such
56 year).
S. 6550 5
1 (i) Upon the making of its report as provided in subdivision (h) of
2 this section, each commission established in this section shall be
3 deemed dissolved.
4 § 4. Date of entitlement to salary increase. Notwithstanding the
5 provisions of this act or of any other law, each increase in salary or
6 compensation of any judge or justice provided by this act shall be added
7 to the salary or compensation of such judge or justice at the beginning
8 of that payroll period the first day of which is nearest to the effec-
9 tive date of such increase as provided in this act, or at the beginning
10 of the earlier of two payroll periods the first days of which are near-
11 est but equally near to the effective date of such increase as provided
12 in this act; provided, however, the payment of such salary increase
13 pursuant to this section on a date prior thereto instead of on such
14 effective date, shall not operate to confer any additional salary rights
15 or benefits on such judge or justice.
16 § 5. The annual salaries as prescribed in this act for state-paid
17 judges and justices of the unified court system and housing judges of
18 the civil court of the city of New York, whenever adjusted pursuant to
19 the provisions of this act, shall be rounded up to the nearest multiple
20 of one hundred dollars.
21 § 6. The sum of forty-six million one hundred thousand dollars
22 ($46,100,000), or so much thereof as may be necessary, is hereby appro-
23 priated out of any moneys in the state treasury in the general fund to
24 the credit of the state purposes account, not otherwise appropriated,
25 and made immediately available to the administrative office of the
26 courts for payment pursuant to the provisions of this act.
27 § 7. This act shall take effect immediately; provided, however, this
28 act shall be deemed to have been in full force and effect on and after
29 January 1, 2007.
