Larabee v. Governor of New York

54 N.E.3d 61, 27 N.Y.3d 469
CourtNew York Court of Appeals
DecidedMay 10, 2016
StatusPublished
Cited by3 cases

This text of 54 N.E.3d 61 (Larabee v. Governor of New York) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Larabee v. Governor of New York, 54 N.E.3d 61, 27 N.Y.3d 469 (N.Y. 2016).

Opinion

OPINION OF THE COURT

Per Curiam.

In three consolidated appeals in Matter of Maron v Silver (14 NY3d 230 [2010]), we addressed the legislature’s and the [472]*472Governor’s practice of directly and explicitly tying consideration of judicial compensation to unrelated policy initiatives during the years 2006, 2007 and 2008 (see id. at 245, 257). We concluded that this practice, called linkage, violated the separation of powers doctrine by undermining judicial independence, and we issued a declaration to that effect (see id. at 260-261). In response to our decision in Matter of Marón, the legislature passed, and the Governor signed, legislation establishing an independent Commission on Judicial Compensation, which was empowered to recommend prospective judicial compensation increases at four-year intervals after the effective date of the legislation (see L 2010, ch 567). Under this new law, when the Commission recommends an increase in judicial salaries, the increase goes into effect by operation of law on April 1 of the year for which it is recommended, unless the legislature passes a statute rejecting the recommended pay raise (see id.). It is undisputed that, through this legislatively-created process, the issue of judicial compensation now receives consideration independent of other political matters. Nonetheless, plaintiffs in the instant consolidated appeals assert that the legislature’s and the Governor’s creation of the Commission was inadequate to remedy the constitutional violation that led to our decision in Matter of Marón, and hence plaintiffs ask us to award them money damages. This we decline to do.

Plaintiffs here are current and retired judges and justices of the New York court system who served without any increase in their compensation during the period in which the political branches of government engaged in the practice of linkage. Plaintiffs were also parties to the consolidated cases decided in Matter of Marón. They seek an award of money damages in the amount of the pay raises that they believe they would have received had the legislature and the Governor not linked consideration of such raises to unrelated policy matters, asserting that those damages are necessary to fully remedy the constitutional violation identified in Matter of Marón. More specifically, plaintiffs argue that the political branches’ violation of the separation of powers doctrine via linkage caused plaintiffs economic injury which was not adequately remedied by the establishment of the Commission because the enabling legislation for the Commission authorizes only prospective raises, and therefore the Commission cannot provide the judges with the increased compensation which has already been unconstitutionally denied them during the years of linkage.

[473]*473However, plaintiffs’ bid for damages must fail because it rests on the false premise that, in Matter of Marón, we concluded that the political branches’ practice of linkage deprived state judges of raises to which they were constitutionally entitled. In that case, we simply decided that the State had unconstitutionally compromised the independence of the judiciary over the course of three years by linking any decision on whether to increase judges’ salaries with other legislative initiatives such as the enactment of legislative pay increases and campaign finance reform (see Matter of Maron, 14 NY3d at 245-246, 260-261). Thus, we “h[e]ld that under these circumstances, as a matter of law, the State defendants’ failure to consider judicial compensation on the merits violate [d] the Separation of Powers Doctrine” (id. at 261).

Importantly, in concluding that linkage was unconstitutional, we refused to rule that the State also violated the separation of powers doctrine by refusing to increase judicial salaries during the years in which it had engaged in the practice of linkage. Indeed, although the plaintiffs in Chief Judge of the State of N.Y. v Governor of the State of N.Y., which was one of the consolidated appeals before us in Matter of Maron, argued that the State had violated the separation of powers doctrine by keeping judicial compensation at such a low level in the linkage years (see id. at 261-262), we did not declare the State’s failure to raise judicial pay in the linkage period to be a violation of the separation of powers doctrine. Instead, we determined that the plaintiffs’ argument in that respect was “best addressed in the first instance by the Legislature” (id. at 262). Accordingly, in Matter of Marón, we declined to hold that the State had violated the separation of powers doctrine by refusing to increase judicial pay during the years where linkage had occurred, and hence plaintiffs here cannot obtain retroactive monetary relief as compensation for the State’s failure to grant them raises to which they were not constitutionally entitled.

Consistent with our conclusion that the State’s decision-making process regarding judicial compensation, as opposed to the ultimate decision itself, violated the State Constitution, we recognized in Matter of Marón that damages were not an appropriate cure for the State’s unlawful deliberative approach. So it was that, in two of the consolidated cases in Matter of [474]*474Maron, we ordered only declaratory relief,1 and we modified the Appellate Division’s orders, which had directed the State to calculate and grant a cost-of-living increase in judicial compensation (see Chief Judge of State of N.Y. v Governor of State of N.Y., 25 Misc 3d 268, 273 [Sup Ct, NY County 2009], affd 65 AD3d 898 [1st Dept 2009]; Larabee v Governor of State of N.Y., 65 AD3d 74, 100 [1st Dept 2009]), by effectively replacing those orders of monetary relief with judgments declaring that linkage was unconstitutional (see Matter of Maron, 14 NY3d at 261, 263-264). In pronouncing this remedy, we suggested that money damages would be an inappropriate form of relief from the State’s unconstitutional linkage practice because any mandate that the State pay money damages would, as a practical matter, be tantamount to a directive to increase judicial compensation in a manner that would arrogate the legislative branch’s budgetary powers to the judiciary. Thus, we observed that, in fashioning a remedy, “deference to the Legislature — which possesses the constitutional authority to budget and appropriate — is necessary” (id. at 261) and that “whether judicial compensation should be adjusted, and by how much, is within the province of the Legislature” (id. at 263).

Nonetheless, here, plaintiffs argue that the State owes them retroactive money damages because the State has allegedly failed to act consistently with our statement in Matter of Ma-rón that we “expect appropriate and expeditious legislative consideration” of judicial compensation (Matter of Maron, 14 NY3d at 263). Plaintiffs seem to suggest that, once we held that the legislature failed to properly consider whether to increase judicial pay during the linkage years, the only appropriate consideration the legislature could give to the issue was a decision to retroactively raise judicial compensation. [475]*475But, we never said as much in Matter of Marón, and in fact we suggested that a court order mandating retroactive raises would be unlawful.

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Bluebook (online)
54 N.E.3d 61, 27 N.Y.3d 469, Counsel Stack Legal Research, https://law.counselstack.com/opinion/larabee-v-governor-of-new-york-ny-2016.