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No Pay Hike Until Economy Improves, Governor Says

The shaky economy has effectively shelved the possibility of a judicial pay raise until a recovery occurs, according to Governor David A. Paterson. While he said he has believed for years that state judges deserve their first raise since 1999, the governor said Friday it will not happen as long as the state faces huge budget gaps and shrinking tax revenues. "Certainly last year and this year, with the extreme downturn in the economy" means the state cannot increase pay "for anyone," Mr. Paterson told reporters after the annual Law Day observance at the Court of Appeals in Albany. The sharp criticism Mr. Paterson and other state officials received when they have tried to increase the pay for selected aides shows the negative attitude of New Yorkers toward pay raises in the public sector. The governor attributed it to an "overflow of anxiety people are feeling based on the downturn in the economy." Once the economy stabilizes, the governor said, "I don't think it'll be any problem" getting judges their increase. Chief Judge Jonathan Lippman has said he is continuing to talk with the Legislature and governor about breaking the impasse over a pay bill, but has conceded that poor state finances and the economy have made the discussions even more difficult than in years' past. On Friday, appearing with Mr. Paterson before reporters, Chief Judge Lippman said, "We hope the economy is going to turn around very soon, through the governor's effort and President Obama's." - Joel Stashenko

Kaye Tapped for Judicial Nomination Commission

Governor David A. Paterson has selected former Chief Judge Judith S. Kaye to the state commission that recommends to the governor candidates for Court of Appeals openings. During a Law Day speech Friday at the Court of Appeals, Mr. Paterson said Ms. Kaye, now counsel at Skadden, Arps, Slate, Meagher & Flom, has agreed to sit on the Commission on Judicial Nomination, which he criticized earlier this year for sending him a chief judge list of seven men as not diverse enough. The governor said Friday Ms. Kaye "will bring added integrity" to the nomination process. "She's one who I think knows the process well," the governor said. "With greater outreach and opportunity we just want to make sure we are getting the right people," Mr. Paterson told reporters after his speech. Ms. Kaye was on three Commission on Judicial Nomination lists for openings on the Court of Appeals, in 1983, 1993 and 2007. She was nominated by governors for the openings each time. The appointment to the commission is the second Mr. Paterson has made. In September, he selected Long Island attorney Frederick K. Brewington to the 12-member panel. Members are not paid. - Joel Stashenko

Boston's Mintz Levin Elects N.Y. Partner as Next Leader

Mintz Levin Cohn Ferris Glovsky and Popeo has elected a new managing member. Robert Bodian, a litigator who heads the firm's New York office, takes over on July 1. He is the first partner elected to the leadership position outside the firm's Boston base. Mr. Bodian was the only candidate put forward for the position by an 11-member recommendation committee, which spent the past few months visiting Mintz Levin's offices seeking input on who should succeed partner Andrew Urban once his tenure as managing member ends. Mr. Urban, who led the firm for five years, will assume the title of vice-chairman; name partner Robert Popeo holds the title of chairman. Mintz Levin, which was founded in 1993, has more than 400 attorneys in seven U.S. offices and an office in London. Its practices include corporate, general commercial litigation, and intellectual property. Mr. Bodian, who represents companies in the financial services industry, joined the firm in 2000, two months after its New York office opened. He previously had practiced at O'Sullivan Graev & Karabell; Bodian & Eames, and Simpson Thacher & Bartlett. - Drew Combs

State Settles Bias Suit Brought by Photographer

The state has settled a racial employment discrimination action with an ex-Senate photographer who contended he was fired because he is white when David A. Paterson took over as Senate Democratic minority leader in 2003. Mr. Paterson confirmed Friday that the case has settled and that a New York Post report putting the size of the settlement at $300,000 was accurate. The governor did not comment on the settlement otherwise. He has previously denied that photographer Joseph Maioriello was dismissed from his $34,000-a-year job because Mr. Maioriello is white. According to Mr. Maioriello filings, he was told by Senate aides soon after Mr. Paterson became minority leader that there was sentiment among Senate Democrats that the Democrats have a "man of color" as their photographer (NYLJ, Feb. 19, 2008). Mr. Maioriello was ultimately let go and a black man, J. El-Wise Noisette, was hired at $48,000 a year. Mr. Maioriello was seeking $1 million in punitive damages and $500,000 more for lost wages, benefits and pension credits. Chief Judge Norman A. Mordue of the Northern District canceled today's planned start of a trial in Syracuse in Maioriella v. New York State, 1:05-cv-1062, citing the settlement, where Mr. Paterson was to have been called as a witness. - Joel Stashenko

New Clerk Named At Fourth Department

Patricia L. Morgan has been named the new clerk of the Appellate Division, Fourth Department. Ms. Morgan, 54, succeeded Jo Ann Wahl, who retired effective April 24. Ms. Wahl had been clerk since 2002. Ms. Morgan, a Syracuse University Law School graduate, had been deputy clerk of the Fourth Department since 1990. She once clerked for former Court of Appeals Judge Richard D. Simons when he was in the Appellate Division, Third Department, and was also an assistant Erie County district attorney in 1983 and 1984. There are 60 employees in the clerk's office in the Rochester-based appeals court, whose clerk is designated by the department's 11 justices.- Joel Stashenko