Whatever sympathy New York’s judges had from average citizens in their quest for a pay raise, they are quickly losing with their petulant, injudicious actions aimed at getting their way. The most recent action, reportedly taken by some judges, is to recuse themselves from, and thus delay, cases involving state legislators or their law firms.
This is part of a protest against the Legislature’s failure to approve judicial pay raises for nearly a decade. And the state Commission on Judicial Conduct, which disciplines judges, has just properly issued a warning against it. The commission wouldn’t say whether it is investigating any judges for ethics violations, but strongly suggested that it is prepared to — and would even be obligated to.
Chief Judge Judith Kaye has also warned judges not to protest through action from the bench. The trouble is, it is Kaye who has encouraged the judges’ sense of grievance and entitlement, and therefore this “black flu,” by bringing a silly lawsuit against the Legislature to secure raises. The lawsuit raises questions about separation of powers and conflict of interest. After all, who is going to rule on this issue, which is really a political rather than a constitutional one, but a judge?
The view among professionals seems to be that the judges deserve a raise after not having one for so long. Working-class people seem less sympathetic when they look at a Supreme Court judge who makes $136,700 a year with excellent benefits, and enjoys enormous prestige and respect.
The judges will get their raise eventually, but they should stop their childish behavior and do their jobs now.