Judicial Compensation in New York: A National Perspective, Report

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50 JUDICIAL COMPENSATION IN NEW YORK: A NATIONAL PERSPECTIVE mendations with respect to adequate levels of compensation for the governor, lieutenant governor, attorney-general, comptroller, those state officers referred to in section one hundred sixty-nine of the executive law, members of the legislature and judges and justices of the state-paid courts of the unified court system. In accordance with the provisions of this section, the commission shall: (i) examine the prevailing adequacy of pay levels received by the governor, lieutenant governor, attorney general, comptroller, those state officers referred to in section one hundred sixty-nine of the executive law, members of the legislature and judges and justices of the state-paid courts of the unified court system and determine whether any of such pay levels requires adjustment; and (ii) determine whether the formula for annual salary adjustment set forth in subparagraph (ii) of paragraph one of subdivision (b) of section two hundred twenty-one of the Judiciary law requires adjustment. In discharging its responsibilities under paragraphs (i) and (ii) hereof, 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 received by judges and legislators of other states and of the federal government; the levels of compensation received by professionals in government, academia and private and nonprofit enterprise; and the state’s ability to fund increases in compensation. (b) (1) The commission shall consist of thirteen members to be appointed as follows: four shall be appointed by the governor; two shall be appointed by the temporary president of the senate; one shall be appointed by the minority leader of the senate; two shall be appointed by the speaker of the assembly; one shall be appointed by the minority leader of the assembly; and three shall be appointed by the chief judge of the state. Of the members appointed by an official hereunder, 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 designate the chair from among the members so appointed. Vacancies in the commission shall be filled in the same manner as an original appointment. To the extent practicable, members of the commission shall have experience in one or more of the following: determination of executive compensation, human resource administration and financial management. (2) Notwithstanding the provisions of paragraph one of this subdivision, the commission established in the year two thousand seven shall consist of the members of the commission established by section four of this act as of the date of the dissolution thereof. Any vacancy on the commission on such date of dissolution shall be filled by the appointing authority responsible for the original appointment under subdivision (d) of section four of this act.
REPORT TO THE CHIEF JUDGE OF THE STATE OF NEW YORK 51 (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 hereunder, 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, 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 hereunder. (g) The commission may employ and at its pleasure remove such personnel as it may deem necessary for the performance of its functions and fix compensation within amounts made available therefor by budgetary appropriation. (h) The commission shall make a report to the governor, the legislature and the chief judge of the state of its findings, conclusions and recommendations, if any, not later than one hundred fifty days after its establishment. Each recommendation made to implement a determination pursuant to paragraph (ii) of subdivision (a) of this section shall have the force of law, and shall supersede inconsistent provisions of subparagraph (ii) of paragraph one of subdivision (b) of section 221 of the Judiciary law, 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 hereunder shall be deemed dissolved. §6. Effective on the first day of April in each year commencing in the year two thousand seven, the annual salaries of the attorney-general, comptroller, those state officers referred to in section one hundred sixty-nine of the executive law and members of the legislature shall each be increased by adding thereto a percentage thereof equaling the percentage, if any, by which the salary of a justice of the supreme court is increased on such date. Provided, however: (a) a commission established by section five of this act may determine that, as to officers of the executive branch of government specified herein taken as a group or as to members of the legislature, or both, some lesser increase in annual salary, or no increase at all, is in order. In such event, the determination of the commission shall be given effect as to the affected officers or members of the legislature; and
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Judicial Compensation in New York: A National Perspective, Report

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