New Jersey’s public worker pension and health benefits
increases should be revoked for state judges because
they unconstitutionally slash their salaries and undermine
judicial independence, a state Superior Court judge
claims in a lawsuit filed Thursday.
The complaint, filed Thursday by Superior Court Judge
Paul DePascale, who sits in Hudson County, is the first
legal challenge to the landmark health and benefit law
enacted last month. State public employee unions
angered by the changes are also vowing to go to court.
The complaint says the law runs counter to the part of the
state constitution that says the salaries of the Supreme
Court justices and Superior Court judges "shall not be
diminished during their term of appointment."
"It diminishes the salary of all justices and judges
appointed before the enactment of the subject
legislation during their term of appointment and, by
doing so, unconstitutionally and adversely (affects) the
public and the independence of the judiciary,"
DePascale’s attorney, Justin Walder of Roseland,
wrote.
