N.Y. Comp. Codes R. & Regs. tit. 9 § 4.161

Current through Register Vol. 46, No. 45, November 2, 2024

Section 4.161 - Executive order no. 161: establishing the temporary state commission on judicial compensation

WHEREAS, the New York State judiciary performs a critical function for the people of the State of New York;

WHEREAS, the residents of the State have an interest in the sound administration of criminal and civil justice systems staffed by qualified and motivated individuals;

WHEREAS, salary disparities exist within the judicial branch of State Government among judges who preside on the various courts of original jurisdiction;

WHEREAS, an examination of judicial salaries should be accompanied by the development of a process for continuing review of cost savings and revenue proposals by the courts, and should take into consideration the State's fiscal environment; and

WHEREAS, other factors which attract individuals to seek judicial positions, including working environment and fringe benefits, are also important to the development of a talented judiciary;

NOW, THEREFORE, I, Mario M. Cuomo, Governor of the State of New York, by virtue of the authority vested in me by the Constitution and Laws of the State of New York, do hereby establish the Temporary State Commission on Judicial Compensation.

I. Membership

The Commission shall be comprised of five persons appointed by the Governor, one of whom shall be designated by the Governor as Chair. The members of the Commission shall receive no compensation for their services.

II. Responsibilities of the Commission

The Commission shall be responsible for examining, evaluating and making recommendations to the Governor and the Legislature with respect to:

A. The existing levels of compensation for all judges and justices of the Unified Court System and the adequacy of such compensation levels, taking into account the general economic condition of the State and other benefits currently available to the judiciary;

B. Whether judges and justices performing the same or similar duties should be compensated uniformly;

C. The establishment of a permanent process to ensure that judicial pay levels remain adequate to retain and attract a supply of good candidates for all courts in the State at the minimum total cost to the public; and

D. Methods to generate revenues to finance judicial pay increases in the future, including productivity and cost-savings measures and revenue generation.

III. Commission Reporting

The Commission shall issue an interim report to the Governor as soon as possible but no later than January 31, 1993. The Commission shall issue a final report to the Governor on or before June 1, 1993. The Commission may issue any other interim reports it deems appropriate.

IV. Assistance and Cooperation

All departments, divisions and units of State Government are directed to cooperate with the Commission and to provide such assistance as it may require to fulfill its obligations, including the provision of statistical and program data as the Commission may require.

Signed: Mario M. CuomoDated: November 18, 1992

[FN*] [Revoked by Executive Order No. 5 (Eliot Spitzer), infra.]

[Revoked by Executive Order No. 9 (David A. Paterson), infra.]

[Revoked by Executive Order No. 2 (Andrew M. Cuomo), infra.]

N.Y. Comp. Codes R. & Regs. Tit. 9 § 4.161