TRENTON — A Superior Court judge challenging the increased payments judges must make under just-enacted changes to public worker health and pension benefits plans won’t be allowed to have his case directly sent to the state Supreme Court. In a two-paragraph order issued today, Supreme Court Justice Virginia Long said the state’s highest court will not relax the rules...
Superior Court Judge Paul DePascale is shown in this 2009 file photo. DePascale is suing the state, claiming the recently-passed pension and health care reforms are unconstitutional and should not apply to judges.TRENTON — A Superior Court judge challenging the increased payments judges must make under just-enacted changes to public worker health and pension benefits plans won’t be allowed to have his case directly sent to the state Supreme Court.
In a two-paragraph order issued today, Supreme Court Justice Virginia Long said the state’s highest court will not relax the rules of the court to allow Judge Paul DePascale to skip the trial and appellate levels.
DePascale, who sits in Hudson County, filed a complaint last month calling the health and benefit law enacted July 1 unconstitutional for judges, saying it cuts their salaries and threatens their judicial independence.
The suit is the first legal challenge to the health and benefit law. Other state public employee unions are also vowing to sue. Assignment Judge Linda Feinberg in Mercer County is scheduled to hear the matter on Sept. 16.
Depending on the course of action, the case could take years to move through the courts, including the Appellate Division.
Justin Walder, DePascale’s attorney, said the Supreme Court has the discretion to hear a matter on an expedited basis. In her order, Long said DePascale can ask the Supreme Court again to take up the case after Feinberg finishes with it.
The new law, to be phased in over seven years, will make judges’ pension contributions go from 3 percent to 12 percent of their annual salaries. DePascale’s pension deductions would jump by $14,849 by 2017, when he would be paying $418,137 into the pension system, he said in court filings.
In court papers, DePascale has said his health benefits contribution would more than double to $5,230.86. The increased financial contributions begin Oct. 4.
Judicial salaries, set by law, range from $165,000 for Superior Court trial judges, including DePascale, to $192,795 for Supreme Court Chief Justice Stuart Rabner.
Gov. Chris Christie has said judges traditionally have paid the least amount of money into their pension program yet they receive some of the highest payouts. Case law allows judges in New Jersey to hear cases that affect them when there is no other court that has jurisdiction over the matter. The case hasn’t gone to federal court because DePascale’s allegations involve the state — not federal — constitution.
Previous coverage:
• N.J. judge sues state, says increased pension and health benefits costs should not apply to judges
• N.J. judge files lawsuit against new pension and health benefit increases for public workers
• Courts should toss judge's lawsuit over health, pension benefits