As reported by nj.com, Senate President Stephen Sweeney and Assembly Speaker Sheila Oliver have no plans to post a constitutional amendment ensuring judges are subject to increases in pension and benefit payments proposed by Governor Chris Christie. “I am not inclined to support pursuing a constitutional amendment,” Oliver said. “It sets a very unhealthy precedent.”

Christie’s call for an amendment to the state Constitution stems from a decision issued by Superior Court Judge Linda Feinberg, who wrote requiring judges to pay more for pension and benefits is an indirect reduction in salary. The state Constitution prohibits pay cuts for judges and justices. The amendment would define justices and judges’ salary as exclusively salary, not encompassing pension and benefit payments.

Without support from Sweeney and Oliver, both of whom spearheaded the changes for public workers in June, Christie’s proposal is dead in the water. While Oliver said she is not inclined to post the amendment under any circumstances, Sweeney said he will re-evaluate based on the decisions of the higher courts. “Changing the Constitution based on one decision may not be warranted,” Sweeney said in a statement. “After the appeals process has been completed, the legislature will then determine the appropriate reaction, if any.”

In a press conference, Christie personally attacked Feinberg and called the decision “self-interested,” “outrageous” and “extraordinary hubris.” “Judge Feinberg’s decision yesterday, in addition to being legally indefensible, is morally indefensible,” Christie said. “If the courts will not fix this problem, then the Legislature has to give the people the opportunity to fix this problem.”

Christie said he will send language for a constitutional amendment to legislative leaders by the end of this week. He wants the Legislature to act in the lame-duck session after the November election, so the measure appears on the November 2012 ballot when voter turnout is highest.

To be on the ballot, a constitutional amendment must be approved by three-fifths of each house in the Legislature, 24 senators, and 48 assemblymen. Or, it can be approved by a majority of legislators in two consecutive legislative years. Once on the ballot, a simple majority of voters must approve the amendment.

Tags: Articles, benefit reform, Christie, constitutional amendment, DePascale, Feinberg, healthcare reform, Oliver, pension reform, Sweeney
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Photo of Donald C. Barbati Donald C. Barbati

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues…

Donald C. Barbati is a shareholder of Crivelli, Barbati & DeRose, L.L.C. His primary practice revolves around the representation of numerous public employee labor unions in various capacities to include contract negotiation, unfair labor practice litigation, contract grievance arbitration, and other diverse issues litigated before the courts and administrative tribunals throughout the State of New Jersey. In addition, Mr. Barbati also routinely represents individuals in various types of public pension appeals, real estate transactions, and general litigation matters. He is a frequent contributor to the New Jersey Public Safety Officers Law Blog, a free legal publication designed to keep New Jersey public safety officers up-to-date and informed about legal issues pertinent to their profession. During his years of practice, Mr. Barbati has established a reputation for achieving favorable results for his clients in a cost-efficient manner.

Mr. Barbati has also handled numerous novel legal issues while representing New Jersey Public Safety Officers. Most notably, he served as lead counsel for the Appellants in the published case In re Rodriguez, 423 N.J. Super. 440 (App. Div. 2011). In that case, Mr. Barbati successfully argued on behalf of the Appellants, thereby overturning the Attorney General’s denial of counsel to two prison guards in a civil rights suit arising from an inmate assault. In the process, the Court clarified the standard to be utilized by the Attorney General in assessing whether a public employee is entitled to legal representation and mandated that reliance must be placed on up-to-date information.

Prior to becoming a practicing attorney, Mr. Barbati served as a judicial law clerk to the Honorable Linda R. Feinberg, Assignment Judge of the Superior Court of New Jersey, Mercer Vicinage. During his clerkship Mr. Barbati handled numerous complex and novel substantive and procedural issues arising from complaints in lieu of prerogative writs, orders to show cause, and motion practice. These include appeals from decisions by planning and zoning boards and local government bodies, bidding challenges under the Local Public Contract Law, Open Public Records Act requests, the taking of private property under the eminent domain statute, and election law disputes. In addition, Mr. Barbati, as a certified mediator, mediated many small claims disputes in the Special Civil Part.

Mr. Barbati received a Bachelor of Arts degree in history, magna cum laude, from Rider University in Lawrenceville, New Jersey. Upon graduating, Mr. Barbati attended Widener University School of Law in Wilmington, Delaware. In 2007, he received his juris doctorate, magna cum laude, graduating in the top five percent of his class. During law school, Mr. Barbati interned for the Honorable Joseph E. Irenas, Senior United States District Court Judge for the District of New Jersey in Camden, New Jersey, assisting on various constitutional, employment, and Third Circuit Court of Appeals litigation, including numerous civil rights, social security, and immigration cases.

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