As reported by nj.com, the Senate Judiciary Committee has approved a measure that would let voters decide if judges should pay more for health and pension benefits. 

The committee had planned to delay acting on the measure until the state Supreme Court rules on the matter, which is expected soon. Instead, the full Senate will wait to vote until the court decision comes down. The committee voted 12-0 with one abstention to approve the resolution, which would have to be approved by the full Senate and Assembly and then voters in November as a constitutional amendment.

Governor Christie last year signed legislation requiring state employees, including judges, contribute more of their salaries to their pension and health benefits plans. In August, Superior Court Judge Paul DePascale sued, claiming the State Constitution prohibits their salaries from being “diminished.” The provision was designed to prevent judges and justices from being influenced or punished by the Legislature or the Governor for unpopular or controversial decisions.

In continued criticism of the Court, Christie has called judges “elitist” and said they should pay their fair share of their contributions. In September, a Superior Court judge ruled the increased contributions are unconstitutional because they were salary reductions and she ordered the judges’ only installment that had been taken from their paycheck to be returned to them.

The Supreme Court heard arguments in March. A decision is expected this summer. The State contends the increased contributions are not a salary reduction.

Tags: Articles, benefit reform, Christie, Court, DePascale, healthcare reform, judges, pension reform, Supreme
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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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