Larabee v. Governor of New York
Larabee v. Governor of New York
Opinion of the Court
OPINION OF THE COURT
In three consolidated appeals in Matter of Maron v Silver (14 NY3d 230 [2010]), we addressed the legislature’s and the
Plaintiffs here are current and retired judges and justices of the New York court system who served without any increase in their compensation during the period in which the political branches of government engaged in the practice of linkage. Plaintiffs were also parties to the consolidated cases decided in Matter of Marón. They seek an award of money damages in the amount of the pay raises that they believe they would have received had the legislature and the Governor not linked consideration of such raises to unrelated policy matters, asserting that those damages are necessary to fully remedy the constitutional violation identified in Matter of Marón. More specifically, plaintiffs argue that the political branches’ violation of the separation of powers doctrine via linkage caused plaintiffs economic injury which was not adequately remedied by the establishment of the Commission because the enabling legislation for the Commission authorizes only prospective raises, and therefore the Commission cannot provide the judges with the increased compensation which has already been unconstitutionally denied them during the years of linkage.
Importantly, in concluding that linkage was unconstitutional, we refused to rule that the State also violated the separation of powers doctrine by refusing to increase judicial salaries during the years in which it had engaged in the practice of linkage. Indeed, although the plaintiffs in Chief Judge of the State of N.Y. v Governor of the State of N.Y., which was one of the consolidated appeals before us in Matter of Maron, argued that the State had violated the separation of powers doctrine by keeping judicial compensation at such a low level in the linkage years (see id. at 261-262), we did not declare the State’s failure to raise judicial pay in the linkage period to be a violation of the separation of powers doctrine. Instead, we determined that the plaintiffs’ argument in that respect was “best addressed in the first instance by the Legislature” (id. at 262). Accordingly, in Matter of Marón, we declined to hold that the State had violated the separation of powers doctrine by refusing to increase judicial pay during the years where linkage had occurred, and hence plaintiffs here cannot obtain retroactive monetary relief as compensation for the State’s failure to grant them raises to which they were not constitutionally entitled.
Consistent with our conclusion that the State’s decision-making process regarding judicial compensation, as opposed to the ultimate decision itself, violated the State Constitution, we recognized in Matter of Marón that damages were not an appropriate cure for the State’s unlawful deliberative approach. So it was that, in two of the consolidated cases in Matter of
Nonetheless, here, plaintiffs argue that the State owes them retroactive money damages because the State has allegedly failed to act consistently with our statement in Matter of Ma-rón that we “expect appropriate and expeditious legislative consideration” of judicial compensation (Matter of Maron, 14 NY3d at 263). Plaintiffs seem to suggest that, once we held that the legislature failed to properly consider whether to increase judicial pay during the linkage years, the only appropriate consideration the legislature could give to the issue was a decision to retroactively raise judicial compensation.
Finally, plaintiffs claim that generally violations of the separation of powers doctrine must be remedied by an award of money damages and that therefore the State’s previous disregard of separation of powers principles via linkage requires the State to pay damages to plaintiffs. But, not every governmental actor’s breach of the separation of powers doctrine automatically compels the wrongdoer to pay damages. Even assuming that the articles of the State Constitution that establish the separation of powers doctrine are self-executing provisions that can sometimes support an individual claim for money damages (see 62 NY Jur 2d, Government Tort Liability § 28), the State’s particular violation of the doctrine here did not meet the remaining typical prerequisites for a damages award, such as the requirements that alternative remedies are inadequate to remedy the harm, that monetary relief is needed to deter future constitutional violations and that a monetary remedy has been historically recognized at common law (see Martinez v City of Schenectady, 97 NY2d 78, 83-84 [2001]; Brown v State of New York, 89 NY2d 172, 189-192 [1996];
In sum, neither Matter of Marón nor any other authority permits us to grant monetary relief to plaintiffs here. Accordingly, in both cases before us, the orders of the Appellate Division should be affirmed, without costs.
In each case: Order affirmed, without costs.
. More precisely, in one of the consolidated cases, Matter of Marón, we reinstated the plaintiffs’ cause of action based on the State’s violation of the separation of powers doctrine, and in the two other cases, we granted declaratory relief, saying:
“As that case [Matter of Maron] is here before us on a CPLR 3211 motion to dismiss, our corrective action is limited to a reinstatement of that cause of action. In Larabee and Chief Judge, the procedural posture of the cases is not so limiting and we may now issue a declaration. We hold that under these circumstances, as a matter of law, the State defendants’ failure to consider judicial compensation on the merits violates the Separation of Powers Doctrine.” (Matter of Maron, 14 NY3d at 261 [emphases added].)
. Plaintiffs note that, in Matter of Maron, we said that the legislature, in considering judicial compensation, should “keep in mind, however, that whether the Legislature has met its constitutional obligations in that regard is within the province of this Court” (id. at 263). Plaintiffs claim that, by this statement, we offered the State an opportunity to voluntarily grant retroactive pay raises to judges and signaled that, if the State did not provide such raises, we would return this matter to our “province” by ordering damages. But, in the aforementioned statement, we did not suggest that state judges have a judicially enforceable constitutional right to retroactive compensation increases, which must be supplied either by the voluntary action of the State or by a court order. Rather, in the referenced statement, we simply observed that we retain the continuing power to review the State’s handling of judicial compensation for compliance with the separation of powers doctrine. Had we believed that the State had to compensate judges for the lack of pay increases during the years of linkage or else pay damages, we would have ordered the State to satisfy its alleged constitutional obligation to grant retroactive pay increases by paying damages to the plaintiffs in Matter of Maron, and we would not have given the State extra time to decide whether or not to provide the backpay that was, according to plaintiffs, owed to them under the Constitution. Of course, the legislature was free to provide for retroactive pay increases, but our decision in that case did not mandate such action.
Reference
- Full Case Name
- Susan Larabee v. Governor of the State of New York, Respondents Arlene R. Silverman, Acting Justice, New York State Supreme Court v. Sheldon Silver, as Speaker of the New York State Assembly
- Cited By
- 3 cases
- Status
- Published