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Chadbourne & Parke Files Pro Bono Lawsuit Against New York State to Increase Judicial Salaries

Suit Supports Efforts by Judges to Raise Pay, Unchanged Since 1999

NEW YORK, NY (09/12/2007; 1319)(readMedia)-- The international law firm of Chadbourne & Parke LLP announced today that it has filed a pro bono lawsuit on behalf of four New York judges against Governor Eliot Spitzer, the New York Senate, the New York Assembly and the State of New York to force the state to raise judicial salaries and to award back pay through 2000.

Chadbourne partners Thomas Bezanson and George Bundy Smith filed the suit in the state’s Supreme Court in New York City on behalf of New York City Family Court Judge Susan Larabee, New York City Criminal Court Judge Patricia Nunez, New York City Civil Court Judge Geoffrey Wright and Cattaraugus County Family Court Judge Michael Nenno. The suit noted that the 2006-2007 state budget allocated $69.5 million for judicial salary increases, retroactive to April 1, 2005, but the funds have yet to be disbursed. The last pay increase for judges occurred in January 1999.

“The state has failed to raise judges’ salaries for eight years even as inflation has raised the cost of living,” said Mr. Bezanson. “That violates Article 6, § 25 of the New York State Constitution, which states that judges’ compensation ‘shall not be diminished during the term of office for which he or she was elected or appointed.’”

Mr. Bezanson also asserted that linking judges’ salaries to legislative salary increases and other unrelated legislative and executive initiatives “violates the separation of powers doctrine. Our constitution requires that the government consist of three co-equal branches. Under the current system, the judiciary is appallingly far from co-equal and has unfortunately become hostage to politics."

George Bundy Smith, who served for 14 years as an Associate Judge on the New York Court of Appeals before retiring in September 2006, said that the failure to provide pay raises was “disgraceful,” and a form of attack on an independent judiciary.

“The concept of judicial independence goes back to the founding of our country,” explained Mr. Smith. “By connecting judicial salaries to legislators' salaries and to political issues of the executive and legislative branches, the state undermines the independence of judges.”

The lawsuit asks for judges’ salaries to be increased in accordance with the money allocated for that purpose in the 2006-2007 state budget, and also for the payment of monetary damages and pre-judgment interest at nine percent per annum.

About Chadbourne & Parke LLP

Chadbourne & Parke LLP, an international law firm headquartered in New York City, provides a full range of legal services, including mergers and acquisitions, securities, project finance, private funds, corporate finance, energy, communications and technology, commercial and products liability litigation, appeals, securities litigation and regulatory enforcement, special investigations and litigation, intellectual property, antitrust, domestic and international tax, insurance and reinsurance, environmental, real estate, bankruptcy and financial restructuring, employment law and ERISA, trusts and estates and government contract matters. Major geographical areas of concentration include Central and Eastern Europe, Russia and the CIS, the Middle East and Latin America. The Firm has offices in New York, Washington, DC, Los Angeles, Houston, London (a multinational partnership), Moscow, St. Petersburg, Warsaw (a Polish partnership), Kyiv, Almaty, Tashkent, Dubai and Beijing. For additional information, visit www.chadbourne.com.

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