Court: Legislature must weigh judge raises separately

ALBANY - New York's highest court ruled yesterday the legislature was wrong to tie judges' pay raises to lawmakers' raises and issues such as campaign finance reform, telling lawmakers they should consider raises for the state's 1,300 judges but stopping short of ordering it.

But the legislature, which loses the political cover of tying its own raises to judges' pay, isn't planning to act any time soon. Key lawmakers said yesterday raises would have to wait until the state's finances improve.

The Court of Appeals concluded the state's "judicial pay crisis," with raises stalled since they were tied to lawmakers' pay or unrelated policy issues, violated the doctrine of three separate but equal branches of government.

"Because the Separation of Powers doctrine is aimed at preventing one branch of government from dominating or interfering with the functioning of another coequal branch, we conclude that the independence of the judiciary is improperly jeopardized," Judge Eugene Pigott Jr. wrote. Four judges agreed. Chief Judge Jonathan Lippman, plaintiff in one suit, didn't participate.

- AP