Three pending cases seek to compel the state to give judges a raise. The plaintiffs in all three cases argue that the lack of a raise has compromised the independence of the judiciary and violated the state Constitution’s prohibition against diminishment of a judicial salary during a judge’s term on the bench.


Larabee v. Governor, 112301/07


Appellate Division, First Department

Plaintiffs: Family Court Judge Susan R. Larabee of Manhattan, Family Court Judge Michael L. Nenno of Cattaraugus County, Civil Court Judge Geoffrey D. Wright of Manhattan and Criminal Court Judge Patricia M. Nunez of Brooklyn

Status: On Aug. 28, the First Department extended a stay of Supreme Court Justice Edward H. Lehner’s June order giving the governor and Legislature 90 days to raise judges’ pay. Justice Lehner ruled the governor and Legislature have unconstitutionally linked judicial raises to unrelated state government policy issues, such as campaign finance reform. The First Department has ordered an expedited appeal in the case, with oral arguments set for the week of Nov. 17.


Kaye v. Silver, 400763/08

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