A09736 Summary:

BILL NOA09736
 
SAME ASNo Same As
 
SPONSORGoodell
 
COSPNSR
 
MLTSPNSRBlankenbush, Tenney
 
Amd §§221 - 221-i, Judy L
 
Relates to the compensation for judges.
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A09736 Actions:

BILL NOA09736
 
04/05/2016referred to judiciary
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A09736 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A9736
 
SPONSOR: Goodell (MS)
  TITLE OF BILL: An act to amend the judiciary law, in relation to compensation of judges   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this legislation is to amend the judicial law by adjust- ing the salaries for judges across New York State while implementing the recommendations of the commission on legislation, judicial and executive compensations.   SUMMARY OF SPECIFIC PROVISIONS: Sections 1-10 increase the salary of judges across New York to the level recommendation by the special commission on compensation created by the 2015 budget. Section 11 states that the provisions of this bill super- sede those statutory provisions relating to the commission on legisla- tive, judicial and executive compensation.   JUSTIFICATION: The judges in the State of New York play a key role in properly enforc- ing laws and ensuring that laws are carried out justly. It is important that judicial compensation be at a level sufficient to ensure that qual- ified individuals serve as judges. According to the New York State Constitution, judicial salaries can only be adjusted by law. The commission on legislation, judicial and execu- tive compensation does not have Constitutional authority to adopt or amend laws. Only the State Legislature has the power to enact laws. Article VI, Section 25 of the New York State Constitution states that the compensation of a judge shall be "established by law" Article III, Section 1 of the New York State Constitution state that "(t)he legisla- tive power of this State shall be vested in the Senate and Assembly." Article III, Section 13 of the New York State Constitution states in relevant part that "no law shall be enacted except by bill." Article III, Section 14 of the New York State Constitution states that no "bill" shall "be passed or become law, except by the assent of a majority of the members elected to each branch of the legislature...and the ayes and nays entered on the journal." And Article IV, Section 7 of the New York State Constitution gives the Governor the power to sign or veto all bills. The New York State Constitution cannot be circumvented by enabling a hand-picked non-elected Commission to make determinations with the force of law without any corresponding bill enacting those determinations, without any legislative debate on such a bill, without any recorded vote by the members of the legislature on such a bill and without any oppor- tunity for the Governor to sign or veto such a bill... The determinations of the Commission are not duly enacted laws, and thus cannot change duly enacted laws or supersede duly enacted laws. Nor can the Judiciary be paid amounts other than the amounts specified by duly enacted laws, as required by Article VI, Section 25 of the New York State Constitution. The purpose of this legislation is to legally and properly change the salary of judges by a law duly adopted by the State Legislature in accordance with the New York State Constitution to reflect the recommen- dations of the Salary Review Commission.   PRIOR LEGISLATIVE HISTORY: New Bill   FISCAL IMPLICATIONS:   EFFECTIVE DATE: This act shall take on the first of April next succeeding the date on which it shall have become a law.
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A09736 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          9736
 
                   IN ASSEMBLY
 
                                      April 5, 2016
                                       ___________
 
        Introduced  by M. of A. GOODELL -- Multi-Sponsored by -- M. of A. BLANK-
          ENBUSH, TENNEY -- read once and referred to the Committee on Judiciary
 
        AN ACT to amend the judiciary law, in relation to compensation of judges
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section 221 of the judiciary law, as added by chapter 630
     2  of the laws of 1998, is amended to read as follows:
     3    § 221. Salary of judges of the court of appeals. The  annual  salaries
     4  of the chief judge and associate judges of the court of appeals shall be
     5  as follows:
     6  Chief Judge       [156,000] 206,700
     7  Associate Judge   [151,200] 200,500
     8    §  2.  Section  221-a of the judiciary law, as added by chapter 630 of
     9  the laws of 1998, is amended to read as follows:
    10    § 221-a. Salary of justices of  the  appellate  divisions  of  supreme
    11  court.    The  annual  salaries  of the presiding justices and associate
    12  justices of the appellate divisions of the supreme  court  shall  be  as
    13  follows:
    14  Presiding Justice [147,600] 195,500
    15  Associate Justice [144,000] 190,700
    16    §  3.  Section  221-b of the judiciary law, as added by chapter 630 of
    17  the laws of 1998, is amended to read as follows:
    18    § 221-b. Salary of justices of the supreme court. The annual salary of
    19  a justice of the supreme court shall be as follows:
    20  Justice      [136,700] 181,100
    21    § 4. Section 221-c of the judiciary law, as added by  chapter  630  of
    22  the laws of 1998, is amended to read as follows:
    23    §  221-c. Salary of judges of the court of claims. The annual salaries
    24  of the presiding judge and judges of the court of  claims  shall  be  as
    25  follows:
    26  Presiding Judge   [144,000] 190,700
    27  Judge             [136,700] 181,100
    28    §  5.  Section  221-d of the judiciary law, as added by chapter 630 of
    29  the laws of 1998, is amended to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14632-04-6

        A. 9736                             2
 
     1    § 221-d. Salary of judges of the county court. The  annual  salary  of
     2  each judge of a county court shall be as follows:
     3  County
     4  Albany       [131,400] 174,000
     5  Allegany     [119,800] 158,700
     6  Broome       [119,800] 158,700
     7  Cattaraugus  [119,800] 158,700
     8  Cayuga       [122,700] 162,500
     9  Chautauqua   [119,800] 158,700
    10  Chemung      [119,800] 158,700
    11  Chenango     [119,800] 158,700
    12  Clinton      [121,200] 160,400
    13  Columbia     [119,800] 158,700
    14  Cortland     [119,800] 158,700
    15  Delaware     [119,800] 158,700
    16  Dutchess     [125,600] 166,400
    17  Erie         [125,600] 166,400
    18  Essex        [119,800] 158,700
    19  Franklin     [119,800] 158,700
    20  Fulton       [119,800] 158,700
    21  Genesee      [119,800] 158,700
    22  Greene       [119,800] 158,700
    23  Hamilton     [119,800] 158,700
    24  Herkimer     [119,800] 158,700
    25  Jefferson    [119,800] 158,700
    26  Lewis        [119,800] 158,700
    27  Livingston   [119,800] 158,700
    28  Madison      [119,800] 158,700
    29  Monroe       [125,600] 166,400
    30  Montgomery   [119,800] 158,700
    31  Nassau       [136,700] 181,100
    32  Niagara      [119,800] 158,700
    33  Oneida       [119,800] 158,700
    34  Onondaga     [125,600] 166,400
    35  Ontario      [119,800] 158,700
    36  Orange       [125,600] 166,400
    37  Orleans      [119,800] 158,700
    38  Oswego       [119,800] 158,700
    39  Otsego       [119,800] 158,700
    40  Putnam       [131,400] 174,000
    41  Rensselaer   [119,800] 158,700
    42  Rockland     [125,600] 166,400
    43  St. Lawrence [119,800] 158,700
    44  Saratoga     [119,800] 158,700
    45  Schenectady  [119,800] 158,700
    46  Schoharie    [119,800] 158,700
    47  Schuyler     [119,800] 158,700
    48  Seneca       [119,800] 158,700
    49  Steuben      [119,800] 158,700
    50  Suffolk      [136,700] 181,100
    51  Sullivan     [127,000] 168,200
    52  Tioga        [119,800] 158,700
    53  Tompkins     [122,700] 162,500
    54  Ulster       [131,400] 174,000
    55  Warren       [119,800] 158,700
    56  Washington   [119,800] 158,700

        A. 9736                             3
 
     1  Wayne        [119,800] 158,700
     2  Westchester  [136,700] 181,100
     3  Wyoming      [119,800] 158,700
     4  Yates        [119,800] 158,700
     5    §  6.  Section  221-e of the judiciary law, as added by chapter 630 of
     6  the laws of 1998, is amended to read as follows:
     7    § 221-e. Salary of judges of the family court.  The annual  salary  of
     8  each judge of a family court shall be as follows:
     9  County
    10  Albany       [119,800] 158,700
    11  Broome       [125,600] 166,400
    12  Bronx        [136,700] 181,100
    13  Chautauqua   [119,800] 158,700
    14  Chemung      [119,800] 158,700
    15  Dutchess     [125,600] 166,400
    16  Erie         [125,600] 166,400
    17  Fulton       [119,800] 158,700
    18  Genesee      [119,800] 158,700
    19  Herkimer     [119,800] 158,700
    20  Jefferson    [119,800] 158,700
    21  Kings        [136,700] 181,100
    22  Monroe       [125,600] 166,400
    23  Montgomery   [119,800] 158,700
    24  Nassau       [136,700] 181,100
    25  New York     [136,700] 181,100
    26  Niagara      [119,800] 158,700
    27  Oneida       [125,600] 166,400
    28  Onondaga     [125,600] 166,400
    29  Orange       [125,600] 166,400
    30  Oswego       [119,800] 158,700
    31  Queens       [136,700] 181,100
    32  Rensselaer   [119,800] 158,700
    33  Richmond     [136,700] 181,100
    34  Rockland     [125,600] 166,400
    35  St. Lawrence [119,800] 158,700
    36  Saratoga     [119,800] 158,700
    37  Schenectady  [119,800] 158,700
    38  Suffolk      [136,700] 181,100
    39  Sullivan     [127,000] 168,200
    40  Ulster       [127,000] 168,200
    41  Warren       [119,800] 158,700
    42  Westchester  [136,700] 181,100
    43    §  7. Section 221-f of the judiciary law, as amended by chapter 290 of
    44  the laws of 2004, is amended to read as follows:
    45    § 221-f. Salary of judges of the surrogate's court.  The annual salary
    46  of each judge of a surrogate's court shall be as follows:
    47  County
    48  Albany       [119,800] 158,700
    49  Broome       [119,800] 158,700
    50  Bronx        [136,700] 181,100
    51  Cayuga       [119,800] 158,700
    52  Chautauqua   [119,800] 158,700
    53  Clinton      [121,200] 160,400
    54  Dutchess     [135,800] 179,900
    55  Erie         [129,900] 172,100
    56  Jefferson    [119,800] 158,700

        A. 9736                             4
 
     1  Kings        [136,700] 181,100
     2  Monroe       [135,800] 179,900
     3  Montgomery   [119,800] 158,700
     4  Nassau       [136,700] 181,100
     5  New York     [136,700] 181,100
     6  Oneida       [119,800] 158,700
     7  Onondaga     [135,800] 179,900
     8  Ontario      [119,800] 158,700
     9  Orange       [125,600] 166,400
    10  Oswego       [119,800] 158,700
    11  Queens       [136,700] 181,100
    12  Rensselaer   [119,800] 158,700
    13  Richmond     [136,700] 181,100
    14  Rockland     [125,600] 166,400
    15  St. Lawrence [119,800] 158,700
    16  Saratoga     [119,800] 158,700
    17  Schenectady  [119,800] 158,700
    18  Steuben      [119,800] 158,700
    19  Suffolk      [136,700] 181,100
    20  Ulster       [119,800] 158,700
    21  Westchester  [136,700] 181,100
    22    §  8.  Section  221-g of the judiciary law, as added by chapter 630 of
    23  the laws of 1998, is amended to read as follows:
    24    § 221-g. Salary of judges of the civil court of the city of  New  York
    25  and  the  criminal court of the city of New York. The annual salaries of
    26  judges of the civil court of the city of New York and  of  the  criminal
    27  court of the city of New York shall be as follows:
    28  Judge of the Civil
    29  Court          [125,600] 166,400
    30  Judge of the
    31  Criminal Court [125,600] 166,400
    32    §  9.  Section  221-h of the judiciary law, as added by chapter 630 of
    33  the laws of 1998, is amended to read as follows:
    34    § 221-h. Salary of judges of the district court. The  annual  salaries
    35  of  the  presidents  of  the boards of judges and judges of the district
    36  court in Nassau and Suffolk counties shall be as follows:
    37  District Court in
    38  Nassau County
    39  President of the
    40  Board of Judges   [126,900] 168,100
    41  Judge             [122,700] 162,500
    42  District Court in
    43  Suffolk County
    44  President of the
    45  Board of Judges   [126,900] 168,100
    46  Judge             [122,700] 162,500
    47    § 10. Section 221-i of the judiciary law, as amended by chapter 548 of
    48  the laws of 2013, is amended to read as follows:
    49    § 221-i. Salary of judges of the city courts outside the city  of  New
    50  York.  Except  as otherwise provided by chapter five hundred sixty-seven
    51  of the laws of two thousand ten, the annual salary of each  judge  of  a
    52  city  court outside the city of New York shall be as follows (where this
    53  section provides different salaries for judicial positions on  the  same
    54  court having the same title, the greater salary shall be paid the person
    55  holding  the  position  paid  the  greater salary on the day immediately
    56  preceding the day on which such salaries took effect):

        A. 9736                             5
 
     1  City                Title
     2  Albany              City Court Judge (FT)              [113,900] 150,900
     3  Amsterdam           City Court Judge (FT)              [108,800] 144,100
     4  Amsterdam           City Court Judge                   [27,200] 36,100
     5  Auburn              City Court Judge (FT)              [108,800]  144,100
     6  Auburn              City Court Judge                   [54,400] 72,100
     7  Batavia             City Court Judge (FT)              [108,800] 144,100
     8  Batavia             City Court Judge                   [27,200] 36,100
     9  Beacon              City Court Judge (FT)              [108,800] 144,100
    10  Beacon              City Court Judge                   [27,200] 36,100
    11  Binghamton          City Court Judge (FT)              [108,800] 144,100
    12  Buffalo             Chief Judge (FT)                   [115,100] 152,500
    13  Buffalo             City Court Judge (FT)              [113,900] 150,900
    14  Canandaigua         City Court Judge (FT)              [108,800] 144,100
    15  Canandaigua         City Court Judge                   [27,200] 36,100
    16  Cohoes              City Court Judge                   [54,400] 72,100
    17  Corning             City Court Judge (FT)              [108,800] 144,100
    18  Corning             City Court Judge                   [27,200] 36,100
    19  Cortland            City Court Judge (FT)              [108,800] 144,100
    20  Cortland            City Court Judge                   [54,400] 72,100
    21  Dunkirk             City Court Judge (FT)              [108,800] 144,100
    22  Dunkirk             City Court Judge                   [27,200] 36,100
    23  Elmira              City Court Judge (FT)              [108,800] 144,100
    24  Fulton              City Court Judge (FT)              [108,800] 144,100
    25  Fulton              City Court Judge                   [27,200] 36,100
    26  Geneva              City Court Judge                   [54,400] 72,100
    27  Geneva              City Court Judge                   [27,200] 36,100
    28  Glen Cove           City Court Judge                   [54,400] 72,100
    29  Gloversville        City Court Judge (FT)              [108,800] 144,100
    30  Gloversville        City Court Judge                   [27,200] 36,100
    31  Glens Falls         City Court Judge (FT)              [108,800] 144,100
    32  Glens Falls         City Court Judge                   [27,200] 36,100
    33  Hornell             City Court Judge                   [54,400] 72,100
    34  Hornell             City Court Judge                   [27,200] 36,100
    35  Hudson              City Court Judge                   [54,400] 72,100
    36  Hudson              City Court Judge                   [27,200] 36,100
    37  Ithaca              City Court Judge (FT)              [108,800] 144,100
    38  Jamestown           City Court Judge (FT)              [108,800] 144,100
    39  Johnstown           City Court Judge                   [54,400] 72,100
    40  Johnstown           City Court Judge                   [27,200] 36,100
    41  Kingston            City Court Judge (FT)              [108,800] 144,100
    42  Lackawanna          City Court Judge (FT)              [108,800] 144,100
    43  Lackawanna          City Court Judge                   [54,400] 72,100
    44  Lockport            City Court Judge (FT)              [108,800] 144,100
    45  Long Beach          City Court Judge (FT)              [118,300] 156,600
    46  Little Falls        City Court Judge                   [27,200] 36,100
    47  Mechanicville       City Court Judge                   [27,200] 36,100
    48  Middletown          City Court Judge (FT)              [108,800] 144,100
    49  Mount Vernon        City Court Judge (FT)              [118,300] 156,600
    50  Mount Vernon        City Court Judge                   [54,400] 72,100
    51  Newburgh            City Court Judge (FT)              [108,800] 144,100
    52  Niagara Falls       Chief Judge (FT)                   [115,100] 152,500
    53  Niagara Falls       City Court Judge (FT)              [113,900] 150,900
    54  Norwich             City Court Judge (FT)              [108,800] 144,100
    55  Norwich             City Court Judge                   [27,200] 36,100
    56  New Rochelle        City Court Judge (FT)              [118,300] 156,600

        A. 9736                             6
 
     1  North Tonawanda     City Court Judge (FT)              [108,800] 144,100
     2  North Tonawanda     City Court Judge                   [54,400] 72,100
     3  Ogdensburg          City Court Judge (FT)              [108,800] 144,100
     4  Ogdensburg          City Court Judge                   [27,200] 36,100
     5  Olean               City Court Judge (FT)              [108,800] 144,100
     6  Olean               City Court Judge                   [27,200] 36,100
     7  Oneida              City Court Judge (FT)              [108,800] 144,100
     8  Oneida              City Court Judge                   [27,200] 36,100
     9  Oneonta             City Court Judge                   [54,400] 72,100
    10  Oneonta             City Court Judge                   [27,200] 36,100
    11  Oswego              City Court Judge (FT)              [108,800] 144,100
    12  Oswego              City Court Judge                   [27,200] 36,100
    13  Peekskill           City Court Judge (FT)              [108,800] 144,100
    14  Peekskill           City Court Judge                   [54,400] 72,100
    15  Poughkeepsie        City Court Judge (FT)              [108,800] 144,100
    16  Plattsburgh         City Court Judge (FT)              [108,800] 144,100
    17  Plattsburgh         City Court Judge                   [27,200] 36,100
    18  Port Jervis         City Court Judge                   [54,400] 72,100
    19  Rensselaer          City Court Judge                   [54,400] 72,100
    20  Rensselaer          City Court Judge                   [27,200] 36,100
    21  Rochester           Chief Judge (FT)                   [115,100] 152,500
    22  Rochester           City Court Judge (FT)              [113,900] 150,900
    23  Rome                City Court Judge (FT)              [113,900] 150,900
    24  Rye                 City Court Judge (FT)              [108,800] 144,100
    25  Rye                 City Court Judge                   [54,400] 72,100
    26  Salamanca           City Court Judge                   [54,400] 72,100
    27  Salamanca           City Court Judge                   [27,200] 36,100
    28  Saratoga Springs    City Court Judge (FT)              [108,800] 144,100
    29  Schenectady         City Court Judge (FT)              [108,800] 144,100
    30  Sherrill            City Court Judge                   [27,200] 36,100
    31  Syracuse            Chief Judge (FT)                   [115,100] 152,500
    32  Syracuse            City Court Judge (FT)              [113,900] 150,900
    33  Tonawanda           City Court Judge (FT)              [108,800] 144,100
    34  Tonawanda           City Court Judge                   [54,400] 72,100
    35  Troy                City Court Judge (FT)              [113,900] 150,900
    36  Troy                City Court Judge                   [81,600] 108,000
    37  Utica               Chief Judge (FT)                   [115,100] 152,500
    38  Utica               City Court Judge (FT)              [113,900] 150,900
    39  Watertown           City Court Judge (FT)              [108,800] 144,100
    40  Watervliet          City Court Judge                   [54,400] 72,100
    41  White Plains        City Court Judge (FT)              [116,800] 154,700
    42  Yonkers             Chief Judge (FT)                   [119,500] 158,300
    43  Yonkers             City Court Judge (FT)              [118,300] 156,600
    44    §  11.  Notwithstanding  any  other  provision of law to the contrary,
    45  pursuant to the authority granted to the legislature  under  part  E  of
    46  chapter  60  of the laws of 2015, the provisions of this act shall serve
    47  to, nullify and supersede, in its entirity, the recommendations  of  the
    48  commission on legislative, judicial and executive compensations relating
    49  to  the  annual  salaries of New York state judges within article 7-B of
    50  the judiciary law.
    51    § 12. This act shall take effect on the first of April next succeeding
    52  the date on which it shall have become a law.
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