As reported by nj.com, in a case that could affect the NJ Supreme Court itself, a state judge tried to stop Governor Chris Christie from increasing the cost of pensions and health care benefits for judges and justices. Taking the case directly from the lower court, the Supreme Court will decide whether a new law requiring judges and justices to make larger contributions reduces their salaries, which is prohibited by the state constitution.

The state contends pension and health benefits are part of an overall compensation package for all public employees and that the increased contributions do not reduce the judicial salaries. “This is a deduction, not a reduction in pay,” Assistant Attorney General Robert Lougy, who represented the state, said. 

The state has contended health benefits and pensions are part of an overall compensation package that includes salary. But Superior Court Judge Paul DePascale, who filed the suit, contends there is no difference between a salary and compensation, and the deductions result in a cut in pay.   

When the state constitution was drafted in 1947, it included a provision preventing the salaries of judges and justices from being “diminished” in an attempt to protect them from political interference from the legislative and executive branches. 

Lougy, questioned by Justice Barry Albin, agreed an across-the-board salary cut for all employees would violate the constitution as it applies to judges and justices. But Lougy did not agree higher pension and health benefits contributions is a violation. DePascale said past increases in contribution for judges and justices had always been accompanied by a corresponding pay increase, a recognition that the Legislature knew the larger contributions amounted to a pay cut.

Five of the seven justices weighed in on the matter. There is currently one vacancy on the Court and Chief Justice Stuart Rabner recused himself. The court did not set a date for issuing a decision. Although the outcome of the case will affect the justices, there is case law that allows them to hear the matter when there is no other appropriate court.

Judges currently contribute 1.5 percent of their salaries toward their health care benefits. The new law requires them to pay 35 percent of the premium cost. DePascale has said that would more than double his contribution toward health benefits to $5,230.86.

Tags: Articles, benefit reform, DePascale, healthcare reform, lawsuit, NJ Supreme Court, pension lawsuit, pension reform
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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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