NJ Governor Christie Again Clashes with Bar and Judiciary Over Ruling Voiding Increased Pension and Health Care Contributions by Judges

Gov. Chris Christie - NJ Star Ledger

New Jersey Governor Christopher Christie has again clashed with the judiciary - and the New Jersey State Bar Association has again risen to the defense of the judges.  


Sliding scale increases in contributions to health care benefits and pensions which fall particularly hard on judges were passed by the New Jersey Legislature.  Superior Court judge Paul Depascale challenged the new statute, citing Article VI of the state constitution which provides that “The Justices of the Supreme Court and the Judges of the Superior Court shall receive for their services such salaries as may be provided by law, which shall not be diminished during the term of their appointment. They shall not, while in office, engage in the practice of law or other gainful pursuit.”  Mercer County Assignment Judge Linda Feinberg ruled  that the statute impermissibly “diminished” judicial compensation.  Like all but the handful of judges appointed after the statute was passed Feinberg is herself burdened by the change in contributions.  (Quaere: Should she - as Assignment Judge have assigned the case to such an untenured judge?)


Christie immediately reacted angrily and at length against "the little cliquey club of 432 judges", saying "This outrageous, self-serving decision, where a judge is protecting her own pocketbook and those of her colleagues, is why the public has grown to have such little faith in the objectivity of the judiciary...This is a blatant attempt to exact for themselves special treatment because they have the power to do so". The state would appeal, he said.  Video HERE


But overnight the thin-skinned Christie stewed and his position grew more extreme.  Instead of trusting to appeals he would press the Legislature to submit a constitutional amendment to the voters.  "Salary means salary — not pension, not health benefits, and not other emoluments of office...We are not going to leave this decision in the hands of a self-interested judiciary, but if necessary will put it in the hands of the people who ultimately pay these bills.”


In a statement by its President Susan A. Feeney - a partner in the state’s largest law firm McCarter & English - the State Bar said:

Gov. Chris Christie's comments today are yet another attempt to intimidate the courts and unduly influence the judicial process. Further, his personal criticism of Mercer County Assignment Judge Linda Feinberg is unwarranted and irresponsible.
Judge Feinberg has a sterling record for integrity as one of the most respected members of the New Jersey bench, as well as a long, distinguished career as a public official. While the Governor would have the public believe she made an arbitrary, self-interested decision,  that is not the case. Her opinion in favor of Judge DePascale is based on a comprehensive legal analysis of the issues raised by both parties in the case. Judge Feinberg did exactly what a judge is supposed to do: she applied the law – without concern for political retribution or the “pocketbook” interests of herself and her colleagues.
The Governor’s continued attack on the Judiciary denigrates the separation of powers and the independence of the Judiciary as a separate branch of government. It is a blatant attempt to mislead the public and influence the judicial process and Supreme Court. As a lawyer, he should know better. 

The New Jersey State Bar Association first clashed with the Governor in 2010 when he refused to support tenure for a Supreme Court justice John Wallace who Christie called too liberal, despite the long-serving judge’s reputation as a moderate while serving as a trial, then appellate judge before his seven year term on the Supreme Court of New Jersey.  The Democratic President of the Senate has refused to allow a vote on a successor until Wallace’s 70th birthday next year - on which date he would have been compelled to retire under state law.