As reported by nj.com, the state wants to keep taking increasing pension and health benefits contributions from Superior Court judges and Supreme Court justices while it appeals a judge’s ruling that the hikes are unconstitutional. 

The state Attorney General’s Office filed a motion to postpone implementation of Superior Court Assignment Judge Linda Feinberg’s ruling blocking the higher pension and health benefit payments for the judges and justices, spokesman Paul Loriquet said.

The first increased contributions under Governor Chris Christie’s new plan were taken from the judges’ October 14 paychecks. Feinberg’s ruling would have stopped those hikes from being deducted from their future bi-weekly checks, but the state wants to continue with those higher collections during the appeals process.

Feinberg rules judges and justices are exempt from paying more because a provision in the state Constitution prohibits their salaries from being “diminished” during their terms. Feinberg did not agree with the state’s contention that increasing pension and health benefits contributions does not constitute a reduction in their pay, infuriating Christie, who denounced the ruling as “self-interested and outrageous.”

Christie called for a constitutional amendment to allow for a reduction of judges’ salaries, but Senate President Stephen Sweeney and Assembly Speaker Sheila Oliver sad they don’t support calling for a vote on it, preferring to see how it is handled in the courts.

Feinberg has been criticized for ruling on a case that affects her, but case law allows judges to hear cases that directly affect them when there is no other appropriate court to address the matter. She has not set a date yet to hear the motion.

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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.