New Jersey Uses People's Power to Fight Judicial Power

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published July 31, 2012

By Author - LawCrossing

07/31/12

NJ Legislature moves closer towards reducing judges’ salaries over pension reform
Recently, we had reported that the justices in New Jersey Supreme Court had found judicial pension measures requiring sitting judges to contribute more towards healthcare and pension did not apply to those judges already in service. They found it violated the constitution of the state.

But, on Monday, in a swift reply to judicial discretion, the New Jersey legislature decided to make appropriate changes to the constitution of the state. The measure received bipartisan approval and would be put before voters in November. If voters approve the measure then the legislature would have the necessary authority to take amounts from the salaries of sitting judges and apply them towards their benefits. Currently, the constitution of New Jersey mentions that salaries of sitting judges may not be reduced by the legislature.

If the constitution allows judicial authority, which stands in the way of executive authority, it is better to exercise legislative authority and change the constitution …

New Jersey Assembly Speaker Sheila Oliver issued a quick statement to the media asserting, “This is not about penalizing judges … Public approval of this ballot measure will ensure that everyone contributes equally to a fiscally responsible plan that will help shore up our pension system.”
United States

Currently, the ailing and underfunded pension systems of states across the country have a collective shortfall of $1.38 trillion. Most states, including New Jersey are trying to restructure and reform their pension systems after years of underfunding. Like other states, New Jersey has several pension funds, including one specifically for its judges and justices.

On Monday, Democratic state senators said that the judicial pension fund has about $280.5 million less than what it needs to pay pension to current and future retirees. Among New Jersey's pension funds, the one for judges was the most unstable and had only 52 percent of the money it should have.

The proposed reform would amount to a reduction in the salaries of sitting judges who are supposed to be protected from such cuts executed by other branches of the government.
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