ALBANY - The state's top court turned its back on fellow judges Tuesday, rejecting their bid to obtain monetary damages for years they went without raises.
In a unanimous opinion, the Court of Appeals ruled that although the state Legislature and governor were wrong not to consider raises for judges in 2006, 2007, and 2008, it did not mean judges were entitled to financial damages.
"The particular constitutional violation at issue here does not warrant an award of damages," the top court ruled Tuesday.
The lawsuit brought by a group of retired and current judges stemmed from an earlier 2010 decision by the Court of Appeals that found the Legislature and governor had violated separation of powers by linking the issue of judicial compensation with other issues before them — including pay for legislators — that did not get resolved.
That decision led to the creation of a special commission to examine judges' pay and, eventually, raises that took effect in 2012.
Some judges, however, argued they should also be compensated for the years they were denied raises.
Thomas Bezanson, an attorney for the judges, said the decision was very disappointing.
"The Court of Appeals has decided that although 1,800 judges had been the victim of a constitutional violation, they get no remedy," Bezanson said. "A violation of that kind ought to have resulted in a commensurate remedy."
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