Judge Kaye has thrown down the gauntlet and followed through on her promise to sue to enforce a pay increase for New York State judges. A copy of the Summons and Complaint can be accessed here.
As reported in this article from the New York Law Journal, the lawsuit was filed in Manhattan Supreme Court just one day after the legislature failed to include a pay raise for New York judges in the state's budget.
As explained in the article:
The suit...argues that the governor and the Legislature, by failing to enact a raise for the state's 1,300 judges, have failed to uphold their constitutional obligation to provide for an independent judiciary. The complaint also contends that the other branches of government have effectively come to violate a provision of the state Constitution prohibiting the pay of judges from being diminished...
Two other suits for higher judicial pay are also before state courts. The actions, filed by individual judges and supported by some judicial organizations, are on appeal before the Appellate Divisions in the First and Third departments. Supreme Court justices allowed the claims to go forward in each case on the separation-of-powers argument that Mr. Nussbaum also makes in Chief Judge Kaye's suit.
What an interesting development. I can't wait to see how it plays out.
Hat tip: New York Personal Injury Law Blog