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.
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.
