Christie attacks jurists' motives in pension case

November 11, 2011|By Beth DeFalco, Associated Press

TRENTON - Gov. Christie questioned the motives of two state Supreme Court justices Thursday after the court agreed to fast-track a case involving a Superior Court judge's challenge to a new requirement that judges - like other state employees - pay more toward their health insurance and pensions.

The suit maintains that the higher contributions in effect reduce judicial salaries and thus violate the state Constitution provision that the salaries of Supreme Court and Superior Court judges "shall not be diminished during their term of appointment."

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The high court decided to take up the case without waiting for an appeals court to hear it first.

Christie, a Republican, has often accused New Jersey's judges of trying to make laws rather than merely interpreting them.

Calling the Supreme Court the "exalted elite," he took his criticisms a step further Thursday as he insinuated that the justice who issued the order, Virginia Long, has a personal stake in the case because she will be required by law to retire in March and start collecting her pension.

Christie also asked why Chief Justice Stuart Rabner recused himself from the case, calling it "mystifying."

"Let's face it, everybody, there's some deadlines coming up here," Christie said. "Justice Long retires March 1st. So I don't know exactly what's going on, but the fact that Justice Long is now presiding over this, the chief justice has mysteriously absented himself from consideration on this - I think those are all things people should be questioning."

Court spokeswoman Tamara Kendig said the justices do not normally issue public reasons for recusing themselves from cases. She declined to comment further.

The suit was filed shortly after Christie and legislative leaders made a deal in the summer to overhaul public-worker benefit contributions.

In July, Superior Court Judge Paul DePascale of Hudson County sued the state, saying the law violated another state law that sets judges' salaries and says they cannot be reduced.

Most judges are paid $165,000 per year. Under the pension changes, their contributions will rise gradually from 3 percent of their pay to 12 percent by 2017.

Last month, Mercer County Superior Court Judge Linda Feinberg rejected Christie's attempt to get the courts to throw out the lawsuit and ruled that the state cannot increase judges' contributions while the case proceeds.

After that ruling, Christie angrily accused Feinberg of ruling in her self-interest.

The governor has called for a constitutional amendment that would make the case moot - though that appears unlikely to gain much traction in a Legislature controlled by Democrats.

Nonetheless, on Thursday State Sen. Diane Allen (R., Burlington) submitted a Senate resolution to put an amendment on the ballot.

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