S T A T E   O F   N E W   Y O R K
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                                  7316

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 27, 2009
                               ___________

Introduced  by  M. of A. TOBACCO, O'MARA, 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:

  Section 1. Sections 221, 221-a, 221-b, 221-bb,  221-c,  221-d,  221-e,
221-f, 221-g, 221-h, 221-i and 223 of the judiciary law are REPEALED and
a new section 221 is added to read as follows:
  S  221.    ANNUAL  SALARIES  OF  STATE-PAID JUDGES AND JUSTICES OF THE
UNIFIED COURT SYSTEM. (A) EACH  STATE-PAID  JUDGE  AND  JUSTICE  OF  THE
UNIFIED  COURT SYSTEM SHALL RECEIVE THE ANNUAL SALARY PRESCRIBED FOR HIS
OR HER OFFICE ON A SCHEDULE TO BE PROMULGATED BY THE CHIEF ADMINISTRATOR
OF THE COURTS IN ACCORDANCE WITH LAW.
  (B) STATE-PAID JUDGES AND JUSTICES SHALL RECEIVE  ANNUAL  SALARIES  AS
FOLLOWS:
  1.  (I)  A JUSTICE OF THE SUPREME COURT SHALL RECEIVE AN ANNUAL SALARY
OF ONE HUNDRED SIXTY-FIVE THOUSAND TWO HUNDRED DOLLARS, EFFECTIVE  JANU-
ARY FIRST, TWO THOUSAND NINE.
  (II) EXCEPT AS OTHERWISE PROVIDED BY LAW, ON THE FIRST DAY OF APRIL IN
EACH  YEAR COMMENCING ON OR AFTER TWO THOUSAND TEN, IF THE ANNUAL SALARY
OF A JUDGE OF THE UNITED STATES DISTRICT COURT WAS INCREASED WITHIN  THE
PRECEDING  TWELVE  MONTHS, THE ANNUAL SALARY OF A JUSTICE OF THE SUPREME

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09946-02-9
              

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COURT SHALL BE INCREASED BY ADDING THERETO A PERCENTAGE THEREOF EQUALING
THE PERCENTAGE BY WHICH THE SALARY OF  A  JUDGE  OF  THE  UNITED  STATES
DISTRICT COURT WAS INCREASED IN SUCH TWELVE-MONTH PERIOD.
  2.  THE  FOLLOWING  JUDGES AND JUSTICES SHALL RECEIVE AN ANNUAL SALARY
EQUALING THAT OF A JUSTICE OF THE SUPREME COURT PLUS A PERCENTAGE THERE-
OF AS  SET FORTH IN THIS PARAGRAPH:
  (I) CHIEF JUDGE OF THE COURT  OF  APPEALS,  FOURTEEN  AND  TWELVE  ONE
HUNDREDTHS PERCENT;
  (II)  ASSOCIATE  JUDGES OF THE COURT OF APPEALS, TEN AND SIXTY-ONE ONE
HUNDREDTHS PERCENT;
  (III) PRESIDING JUSTICES OF THE APPELLATE DIVISION, SEVEN AND  NINETY-
SEVEN ONE HUNDREDTHS PERCENT;
  (IV) ASSOCIATE JUSTICES OF THE APPELLATE DIVISION, THE PRESIDING JUDGE
OF THE COURT OF CLAIMS AND JUDGES WHO ARE DESIGNATED DEPUTY CHIEF ADMIN-
ISTRATIVE JUDGES, FIVE AND THIRTY-FOUR ONE HUNDREDTHS PERCENT;
  (V)  PRESIDING  JUSTICES  OF THE APPELLATE TERM, JUDGES WHO ARE DESIG-
NATED DEPUTY OR ASSISTANT ADMINISTRATIVE JUDGES WITHIN THE CITY  OF  NEW
YORK  AND  JUDGES  AND JUSTICES WHO ARE DESIGNATED ADMINISTRATIVE JUDGES
FOR A JUDICIAL DISTRICT OR COUNTY OUTSIDE THE CITY OF  NEW  YORK,  THREE
AND FIFTY-ONE ONE HUNDREDTHS PERCENT;
  (VI)  ASSOCIATE  JUSTICES  OF THE APPELLATE TERM, TWO AND NINETEEN ONE
HUNDREDTHS PERCENT; AND
  (VII) JUDGES OF THE COURT OF CLAIMS, NO ADDITIONAL PERCENTAGE.
  3. THE FOLLOWING JUDGES SHALL RECEIVE  AN  ANNUAL  SALARY  EQUALING  A
PERCENTAGE  OF  THAT  OF A JUSTICE OF THE SUPREME COURT, AS SET FORTH IN
THIS PARAGRAPH:
  (I) JUDGES OF THE COUNTY COURT, JUDGES OF THE FAMILY COURT AND  JUDGES
OF THE SURROGATE'S COURT, NINETY-FIVE PERCENT;
  (II)  JUDGES  OF THE NEW YORK CITY CIVIL COURT, JUDGES OF THE NEW YORK
CITY CRIMINAL COURT AND  JUDGES  OF  THE  DISTRICT  COURT,  NINETY-THREE
PERCENT; AND
  (III)  JUDGES OF A CITY COURT OUTSIDE THE CITY OF NEW YORK WHO ARE NOT
PERMITTED TO PRACTICE LAW, NINETY PERCENT.
  NOTWITHSTANDING THE OTHER PROVISIONS  OF  THIS  PARAGRAPH,  ANY  JUDGE
SPECIFIED  IN  SUBPARAGRAPH  (I) OF THIS PARAGRAPH, IN AN OFFICE THAT ON
DECEMBER THIRTY-FIRST, TWO THOUSAND EIGHT WAS PAID AN ANNUAL SALARY THAT
WAS MORE THAN NINETY-FIVE PERCENT OF THE ANNUAL SALARY PAID A JUSTICE OF
THE SUPREME COURT ON SUCH DATE, SHALL RECEIVE AN ANNUAL SALARY  EQUALING
AN  AMOUNT BEARING THE SAME PROPORTION TO THE SALARY OF A JUSTICE OF THE
SUPREME COURT AS THE ANNUAL SALARY OF HIS OR  HER  OFFICE  BORE  TO  THE
SALARY  OF A JUSTICE OF THE SUPREME  COURT ON DECEMBER THIRTY-FIRST, TWO
THOUSAND EIGHT.  IN THE EVENT A NEW JUDGESHIP IS ESTABLISHED FOR A COUN-
TY COURT, FAMILY COURT OR SURROGATE'S COURT ON  A  DATE  AFTER  DECEMBER
THIRTY-FIRST,  TWO  THOUSAND  EIGHT, THE ANNUAL SALARY   FOR SUCH OFFICE
SHALL EQUAL THE ANNUAL SALARY FOR EACH OTHER JUDGESHIP   ALREADY  ESTAB-
LISHED FOR SUCH COURT ON SUCH DATE.
  4. (I) EACH JUDGE OF A CITY COURT OUTSIDE THE CITY OF NEW YORK, WHO IS
PERMITTED  TO  PRACTICE  LAW, SHALL RECEIVE AN ANNUAL SALARY EQUALING AN
AMOUNT BEARING THE SAME PROPORTION TO  THE  SALARY  OF  THE  LOWEST-PAID
JUDGE OF A CITY  COURT WHO IS NOT PERMITTED TO PRACTICE LAW AS THE SALA-
RY  OF  HIS  OR  HER OFFICE ON DECEMBER THIRTY-FIRST, TWO THOUSAND EIGHT
BORE TO THE SALARY OF SUCH LOWEST-PAID JUDGE ON SUCH DATE; EXCEPT  THAT,
EFFECTIVE  APRIL  FIRST,  TWO  THOUSAND NINE, EACH JUDGE OF A CITY COURT
OUTSIDE THE CITY OF NEW YORK WHO   IS PERMITTED TO  PRACTICE  LAW  SHALL
RECEIVE  AN ANNUAL SALARY EQUALING AN AMOUNT BEARING THE SAME PROPORTION
TO THE SALARY OF THE LOWEST-PAID JUDGE OF A  CITY    COURT  WHO  IS  NOT

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PERMITTED  TO  PRACTICE  LAW AS THE SALARY OF HIS OR HER OFFICE ON APRIL
FIRST, TWO THOUSAND NINE BEARS TO THE SALARY FOR SUCH LOWEST-PAID  JUDGE
ON  SUCH DATE PURSUANT TO THE PROVISIONS OF CHAPTER FOUR HUNDRED NINETY-
THREE OF THE LAWS OF TWO THOUSAND SIX.
  (II)  IN  THE  EVENT  A  NEW JUDGESHIP IS ESTABLISHED FOR A CITY COURT
OUTSIDE THE CITY OF NEW YORK ON A DATE AFTER DECEMBER THIRTY-FIRST,  TWO
THOUSAND  EIGHT,  AND  THE  PERSON WHO HOLDS SUCH OFFICE IS PERMITTED TO
PRACTICE  LAW, THE ANNUAL SALARY FOR SUCH OFFICE  ON  THE  DATE  OF  ITS
ESTABLISHMENT  SHALL BE AS PROVIDED BY LAW. THEREAFTER THE ANNUAL SALARY
OF SUCH OFFICE SHALL BE AS PROVIDED IN SUBPARAGRAPH (I)  OF  THIS  PARA-
GRAPH  EXCEPT  THAT,  FOR PURPOSES OF SUCH SUBPARAGRAPH (I), THE DATE ON
WHICH SUCH OFFICE WAS ESTABLISHED SHALL  BE  SUBSTITUTED  FOR  THE  DATE
SPECIFIED THEREIN.
  5.  NOTWITHSTANDING  ANY  OTHER  PROVISION OF THIS SECTION, THE ANNUAL
SALARIES OF EACH OF THE FOLLOWING  JUDGES,  AS  SPECIFIED  IN  PARAGRAPH
THREE  OF  THIS SUBDIVISION, SHALL BE INCREASED BY THE AMOUNTS SET FORTH
IN THIS PARAGRAPH:
  (I) EACH CHIEF JUDGE OF A CITY COURT OUTSIDE THE CITY OF NEW YORK, WHO
IS NOT PERMITTED TO PRACTICE LAW, AN AMOUNT EQUAL TO ONE  AND  FIVE  ONE
HUNDREDTHS PERCENT OF HIS OR HER ANNUAL SALARY; AND
  (II)  EACH  PRESIDENT  OF  THE BOARD OF JUDGES OF A DISTRICT COURT, AN
AMOUNT EQUAL TO THREE AND FORTY-TWO ONE HUNDREDTHS PERCENT OF HIS OR HER
ANNUAL SALARY.
  S 2. Subdivision (f) of section 110 of the New York city  civil  court
act, as amended by chapter 64 of the laws of 2007, is amended to read as
follows:
  (f)  The housing judges shall be appointed by the administrative judge
from a list of persons  selected  annually  as  qualified  by  training,
interest,  experience,  judicial  temperament  and knowledge of federal,
state and local housing laws and programs by the  advisory  council  for
the  housing  part.  The  list of persons who have been approved by such
advisory council, whether or not appointed to  such  judicial  position,
shall  be  deemed public information and be published in the city record
immediately after such list is submitted to  the  administrative  judge.
The annual salary of a housing judge shall [be one hundred fifteen thou-
sand  four  hundred  dollars]  EQUAL  AN AMOUNT REPRESENTING NINETY-FIVE
PERCENT OF THE ANNUAL SALARY OF A JUDGE  OF  THE  NEW  YORK  CITY  CIVIL
COURT.
  S 3. (a) There shall be established a special commission on judges and
justices of the unified court system to:
  (i) determine whether, for any period of four years beginning with the
year 2010, the formula for annual salary adjustment set forth in subpar-
agraph  (ii)  of  paragraph  1  of subdivision (b) of section 221 of the
judiciary law, as added by section one of this act, warrants adjustment;
and
  (ii) examine, evaluate and make recommendations with respect  to  non-
salary  benefits  of state-paid judges and justices of the unified court
system.
  (b) In discharging its responsibilities under subdivision (a) of  this
section,  the commission shall take into account all appropriate factors
including, but not limited to: the overall economic  climate;  inflation
and  changes in public sector spending since January 1, 1999; the levels
of compensation and non-salary benefits received by judges and  justices
of  other  states  and  of the federal government; the levels of compen-
sation and non-salary benefits received by professionals in  government,

A. 7316                             4

academia  and  private and nonprofit enterprise; and the state's ability
to fund increases in compensation and non-salary benefits.
  (c)  The  commission  shall  consist  of 13 members to be appointed as
follows: 4 shall be appointed by the governor; 2 shall be  appointed  by
the  temporary  president  of  the  senate;  1 shall be appointed by the
minority leader of the senate; 2 shall be appointed by  the  speaker  of
the  assembly; 1 shall be appointed by the minority leader of the assem-
bly; and 3 shall be appointed by the chief judge of the  state.  Of  the
members  appointed  by  an  official pursuant to this subdivision, where
such official has more than one such appointment, at least one-half  (at
least a majority, in the case of the governor) shall not be employees of
the  state  or  any political subdivision thereof, and at least one-half
shall not be members of the bar of the state.  The governor shall desig-
nate the chair of the commission from among the  members  so  appointed.
Vacancies  in  the  commission  shall  be  filled  in the same manner as
original appointments. To the extent practicable, members of the commis-
sion shall have experience in one or more of the  following:    determi-
nation  of  executive  compensation,  human  resource administration and
financial management.
  (d) The commission may meet within and without  the  state,  may  hold
public hearings and shall have all the powers of a legislative committee
pursuant to the legislative law.
  (e)  The  members  of the commission shall receive no compensation for
their services but shall be allowed their actual and necessary  expenses
incurred in the performance of their duties pursuant to this section.
  (f) No member of the commission shall be disqualified from holding any
other  public office or employment, nor shall he or she forfeit any such
office or employment by reason of his or  her  appointment  pursuant  to
this  section, notwithstanding the provisions of any general, special or
local law, regulation, ordinance or city charter.
  (g) To the maximum extent feasible, the commission shall  be  entitled
to  request  and  receive  and  shall  utilize and be provided with such
facilities, resources and  data  of  any  court,  department,  division,
board,  bureau,  commission,  agency or public authority of the state or
any political subdivision thereof as it may reasonably request to  carry
out properly its powers and duties pursuant to this section.
  (h)  The commission may employ and at its pleasure remove such person-
nel as it may deem necessary for the performance of  its  functions  and
fix  compensation  within  amounts  made available therefor by appropri-
ation.
  (i) (i) The commission shall make a report to the governor, the legis-
lature and the chief judge of the state of  its  findings,  conclusions,
determinations and recommendations not later than September 1, 2009.
  (ii) The levels of compensation recommended by the commission pursuant
to  paragraph  (i)  of subdivision (a) of this section shall take effect
January 1, 2010.
  (iii) Each recommendation of the commission made to implement a deter-
mination pursuant to paragraph (i) of subdivision (a)  of  this  section
shall have the force of law, and shall supersede inconsistent provisions
of subparagraph (ii) of paragraph 1 of subdivision (b) of section 221 of
the  judiciary law, as added by section one of this act, unless modified
or abrogated by statute prior to April first of the  year  as  to  which
such determination applies.
  (j)  Upon  the  making of its report as provided in subdivision (i) of
this section, the commission established pursuant to this section  shall
be deemed dissolved.

A. 7316                             5

  S  4. (a) On the first of April of every fourth year, commencing April
1, 2013, there shall be established for such year a commission on  judi-
cial  compensation  to  examine,  evaluate and make recommendations with
respect to adequate levels of compensation and non-salary  benefits  for
judges  and  justices  of  the  state-paid  courts  of the unified court
system. In accordance with the provisions of this section,  the  commis-
sion shall:
  (i) examine the prevailing adequacy of pay levels and non-salary bene-
fits  received  by  judges  and justices of the state-paid courts of the
unified court system and  determine  whether  any  of  such  pay  levels
warrant adjustment; and
  (ii)  determine  whether, for any of the four years following the year
in which the commission is established, the formula  for  annual  salary
adjustment  set forth in subparagraph (ii) of paragraph 1 of subdivision
(b) of section 221 of the judiciary law, as added by section one of this
act, warrants adjustment.
  In discharging its responsibilities under paragraphs (i) and  (ii)  of
this subdivision, the commission shall take into account all appropriate
factors  including,  but  not  limited to: the overall economic climate;
rates of inflation; changes in public-sector  spending;  the  levels  of
compensation  and non-salary benefits received by judges and justices of
other states and of the federal government; the levels  of  compensation
and  non-salary benefits received by professionals in government, acade-
mia and private and nonprofit enterprise; and  the  state's  ability  to
fund increases in compensation and non-salary benefits.
  (b)  The  commission  shall  consist  of 13 members to be appointed as
follows: 4 shall be appointed by the governor; 2 shall be  appointed  by
the  temporary  president  of  the  senate;  1 shall be appointed by the
minority leader of the senate; 2 shall be appointed by  the  speaker  of
the  assembly; 1 shall be appointed by the minority leader of the assem-
bly; and 3 shall be appointed by the chief judge of the  state.  Of  the
members  appointed  by  an  official pursuant to this subdivision, where
such official has more than one such appointment, at least one-half  (at
least a majority, in the case of the governor) shall not be employees of
the  state  or  any political subdivision thereof, and at least one-half
shall not be members of the bar of the state.  The governor shall desig-
nate the chair of the commission from among the  members  so  appointed.
Vacancies  in  the  commission  shall  be  filled  in the same manner as
original appointments. To the extent practicable, members of the commis-
sion shall have experience in one or more of the  following:    determi-
nation  of  executive  compensation,  human  resource administration and
financial management.
  (c) The commission may meet within and without  the  state,  may  hold
public hearings and shall have all the powers of a legislative committee
pursuant to the legislative law.
  (d)  The  members  of the commission shall receive no compensation for
their services but shall be allowed their actual and necessary  expenses
incurred in the performance of their duties hereunder.
  (e) No member of the commission shall be disqualified from holding any
other  public office or employment, nor shall he or she forfeit any such
office or employment by reason of his or  her  appointment  pursuant  to
this  section, notwithstanding the provisions of any general, special or
local law, regulation, ordinance or city charter.
  (f) To the maximum extent feasible, the commission shall  be  entitled
to  request  and  receive  and  shall  utilize and be provided with such
facilities, resources and  data  of  any  court,  department,  division,

A. 7316                             6

board,  bureau,  commission,  agency or public authority of the state or
any political subdivision thereof as it may reasonably request to  carry
out properly its powers and duties pursuant to this section.
  (g)  The commission may employ and at its pleasure remove such person-
nel as it may deem necessary for the performance of  its  functions  and
fix  compensation  within  amounts  made available therefor by appropri-
ation.
  (h) The commission shall make a report to the governor,  the  legisla-
ture  and  the  chief  judge  of the state of its findings, conclusions,
determinations and recommendations, if any, not later than  one  hundred
fifty  days  after its establishment. Each recommendation made to imple-
ment a determination pursuant to paragraph (ii) of  subdivision  (a)  of
this section shall have the force of law, and shall supersede inconsist-
ent provisions of subparagraph (ii) of paragraph 1 of subdivision (b) of
section  221  of the judiciary law, as added by section one of this act,
unless modified or abrogated by statute prior to April first of the year
as to which such determination applies.
  (i) Upon the making of its report as provided in  subdivision  (h)  of
this section, each commission established pursuant to this section shall
be deemed dissolved.
  S  5.  Date  of  entitlement  to  salary increase. Notwithstanding the
provisions of this act or of any other law, each increase in  salary  or
compensation  of  any  judge  and  justice  of  the unified court system
provided by this act shall be added to the  salary  or  compensation  of
such  judge  and justice of the unified court system at the beginning of
that payroll period the first day of which is nearest to  the  effective
date  of  such  increase as provided in this act, or at the beginning of
the earlier of two payroll periods the first days of which  are  nearest
but  equally  near to the effective date of such increase as provided in
this act; provided, however, the payment of such salary increase  pursu-
ant to this section on a date prior thereto instead of on such effective
date,  shall not operate to confer any additional salary rights or bene-
fits.
  S 6. The annual salaries as prescribed pursuant to this act for state-
paid judges and justices of the unified court system, whenever  adjusted
pursuant to the provisions of this act, shall be rounded up to the near-
est multiple of one hundred dollars.
  S  7.  The  sum  of  forty-eight  million two hundred thousand dollars
($48,200,000), or so much thereof as may be necessary, is hereby  appro-
priated  out  of any moneys in the state treasury in the general fund to
the credit of the state purposes account,  not  otherwise  appropriated,
and  made  immediately  available  to  the  administrative office of the
courts for payment pursuant to the provisions of sections one and two of
this act.
  S 8. This act  shall  take  effect  immediately;  provided,  that  the
provisions  of  sections one and two of this act shall be deemed to have
been in full force and effect on and after January 1, 2009.