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Judicial Compensation in New York: A National Perspective, Report

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48 JUDICIAL COMPENSATION IN NEW YORK: A NATIONAL PERSPECTIVE<br />

§3. Subdivision (f) of section 110 of the <strong>New</strong> <strong>York</strong> city civil court act, as amended<br />

by chapter 324 of the laws of 2001, is amended to read as follows:<br />

(f) The hous<strong>in</strong>g judges shall be appo<strong>in</strong>ted by the adm<strong>in</strong>istrative judge from a list<br />

of persons selected annually as qualified by tra<strong>in</strong><strong>in</strong>g, experience, judicial temperament<br />

and knowledge of federal, state and local hous<strong>in</strong>g laws and programs by the advisory<br />

council for the hous<strong>in</strong>g part. The annual salary of a hous<strong>in</strong>g judge shall [be one hundred<br />

fifteen thousand four hundred dollars] equal an amount represent<strong>in</strong>g n<strong>in</strong>ety-five<br />

percent of the annual salary of a judge of the <strong>New</strong> <strong>York</strong> city civil court.<br />

§4. (a) The legislature recognizes that it has been nearly a decade s<strong>in</strong>ce the annual<br />

salaries of high-rank<strong>in</strong>g executive branch officials and members of the legislature last<br />

were adjusted. This section is for the purpose of permitt<strong>in</strong>g representatives of government<br />

and the community with experience <strong>in</strong> matters <strong>in</strong>volv<strong>in</strong>g executive compensation,<br />

human resource adm<strong>in</strong>istration and f<strong>in</strong>ancial management to determ<strong>in</strong>e such<br />

adjustments as may be appropriate to <strong>in</strong>sure that the compensation paid these public<br />

officials is adequate to cont<strong>in</strong>ue attract<strong>in</strong>g able <strong>in</strong>dividuals to such service while<br />

respect<strong>in</strong>g the state’s limited resources.<br />

(b) There shall be established a special commission on executive and legislative<br />

compensation to exam<strong>in</strong>e, evaluate and make recommendations with respect to the<br />

level of compensation for the governor, lieutenant governor, attorney-general, comptroller<br />

and those state officers referred to <strong>in</strong> section one hundred sixty-n<strong>in</strong>e of the executive<br />

law, effective April first, two thousand five; and for members of the legislature,<br />

effective January first, two thousand seven.<br />

(c) In discharg<strong>in</strong>g its responsibilities under subdivision (b), the commission shall<br />

take <strong>in</strong>to account all appropriate factors <strong>in</strong>clud<strong>in</strong>g, but not limited to: the overall economic<br />

climate; <strong>in</strong>flation and changes <strong>in</strong> public sector spend<strong>in</strong>g s<strong>in</strong>ce January first,<br />

n<strong>in</strong>eteen hundred n<strong>in</strong>ety-n<strong>in</strong>e; the levels of compensation received by legislators and<br />

other high-rank<strong>in</strong>g government officials of other states and of the federal government;<br />

the levels of compensation received by professionals <strong>in</strong> government, academia and private<br />

and nonprofit enterprise; and the state’s ability to fund <strong>in</strong>creases <strong>in</strong> compensation.<br />

(d) The commission shall consist of thirteen members to be appo<strong>in</strong>ted as follows:<br />

four shall be appo<strong>in</strong>ted by the governor; two shall be appo<strong>in</strong>ted by the temporary president<br />

of the senate; one shall be appo<strong>in</strong>ted by the m<strong>in</strong>ority leader of the senate; two<br />

shall be appo<strong>in</strong>ted by the speaker of the assembly; one shall be appo<strong>in</strong>ted by the<br />

m<strong>in</strong>ority leader of the assembly; and three shall be appo<strong>in</strong>ted by the chief judge of the<br />

state. Of the members appo<strong>in</strong>ted by an official hereunder, where such official has more<br />

than one such appo<strong>in</strong>tment, at least one-half (at least a majority, <strong>in</strong> the case of the governor)<br />

shall not be employees of the state or any political subdivision thereof, and at<br />

least one-half shall not be members of the bar of the state. The governor shall designate<br />

the chair from among the members so appo<strong>in</strong>ted. Vacancies <strong>in</strong> the commission<br />

shall be filled <strong>in</strong> the same manner as an orig<strong>in</strong>al appo<strong>in</strong>tment. To the extent practicable,<br />

members of the commission shall have experience <strong>in</strong> one or more of the follow-

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